Judge: Linda S. Marks, Case: 2011-00479442, Date: 2022-12-05 Tentative Ruling
1. Motion to Be Relieved as Counsel of Record filed by Newport
harbor Ventures, LLC on 9/29/22
2. Motion to Be Relieved as Counsel of Record filed by Vertical Media Group
Inc. on 9/29/22
3. Motion to Be Relieved as Counsel of Record filed by Dennis A. D'Alessio on
9/29/22
The proposed orders were not served and filed with the court until November 21, 2022, which does not comply with California Rules of Court, rule 3.1362(d) and (e) because they were required to be served with the notice of motion and supporting declaration. However, given counsel’s health difficulties, the court finds good cause to accept the late filed proposed order. (Rancho Mirage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [“[A] trial court has broad discretion to accept or reject late-filed papers.”].)
Still, the clients are entitled to proper notice of all moving papers pursuant to elements due process, which requires the hearing to take place 16 court days after the proposed orders were filed.
Tentative Ruling: Attorney Bradley P. Knypstra of Knypstra Zermeno LLP motion to be relieved is continued to Monday, December 19, 2022 in Department C25 at 10:00 AM, which is more than 16 court days after the proposed orders were served and filed.
Moving attorney to give notice.
Note: The parties are advised that trial is currently scheduled for February 14, 2023 and there is a Motion to Strike hearing scheduled for March 6, 2023.