Judge: Loren G. Freestone, Case: 37-2022-00046308-CU-NP-CTL, Date: 2024-05-24 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 23, 2024

05/24/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Non-PI/PD/WD tort - Other Motion Hearing (Civil) 37-2022-00046308-CU-NP-CTL JANE DOE ZC VS DOE 1 [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Attorney Babak Shirdel (Slater Slater Schulman LLP)'s motion to be relieved as counsel for Plaintiff Jane Doe Z.C. is CONTINUED.

'The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case.' (Cal. Rules of Court, rule 3.1362(d).) 'Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.' (Id. at rule 3.1300(c).) If served on the client by mail, the supporting declaration must state whether the service address is current or the last known. (Id. at rule 3.1362(d)(1).) If the last known address, the declaration must explain what efforts counsel made to locate a more current address. (Id. at rule 3.1362(d)(1)(B).) Here, there is only a proof of service for Doe Z.C. There is no proof of service on either Defendant Chula Vista Elementary School District or Cross-Defendant Douglas Bintliff.

The proof of service for Doe Z.C. is also defective. The supporting declaration indicates that counsel attempted to locate a more current address by searching 'investigative databases.' It then states that the papers were served at the 'client's last known address and an address listed as client's most recent address in a public records investigative database.' Yet the proof of service only shows service at one address (PO Box 534). It does not show service at the other addressed referenced in the papers (760 Nacion Avenue).

The proposed order is also defective. Item 7 indicates that the next scheduled hearing is a case management conference on May 24, 2024 at the Chula Vista courthouse. There is no such CMC on calendar. The next scheduled hearing is the trial readiness conference, which is currently set for November 15, 2024. Item 9 does correctly identify the November 27, 2024 trial date, but the time and place of trial are missing. (These defects also appear in the supporting declaration).

In light of the above, the motion is continued to July 19, 2024 at 10:30am. Attorney Shirdel is directed to prepare an amended motion for the continued hearing date. The amended papers shall cure the defects noted above, and they shall be filed and properly served on Doe Z.C. and all other parties in the case. A proof of service of the amended motion shall also be filed in advance of the continued hearing.

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