Judge: Loren G. Freestone, Case: 37-2022-00048231-CU-OR-CTL, Date: 2024-03-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - February 15, 2024

02/16/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2022-00048231-CU-OR-CTL SCOTT D REMICK TRUSTEE OF THE BABBLING MOOSE TRUST UTD SEPTEMBER 17 2018 VS CHARLES R HAYES TRUSTEE OF THE HAYES TRUST DATED JUNE 23 CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING The motion to be relieved as counsel filed by Attorney Kristin Connor (Shorb & Connor LLP) is CONTINUED.

'The notice of motion and motion, the declaration, and the proposed order must be served on the client.' (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).) Attorney Connor filed a 'Second Amended Notice of Motion and Motion to be Relieved of Attorney of Record for Scott D. Remick Trustee.' (ROA #175.) The amended notice is dated January 23, 2024 and was filed January 25, 2024.

However, the proof of service attached to the second amended notice describes the documents served as 'Plaintiff/Cross-Defendant Scott D. Remick's Response to Defendant -Cross Complainant's Form Interrogatories, Set One.' The proof of service states that the documents were served on December 19, 2023-over a month before the second amended notice was prepared and filed.

As there is no proof of service of the second amended notice on file, the motion is continued to March 1, 2024 at 10:30am. Attorney Connor is directed to file and serve on all parties an amended motion, declaration, and proposed order on the required Judicial Council forms, with all dates updated to reflect the current calendar.

Calendar No.: Event ID:  TENTATIVE RULINGS

3078020  46