Judge: Loren G. Freestone, Case: 37-2023-00037850-CU-PO-CTL, Date: 2024-05-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 02, 2024

05/03/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00037850-CU-PO-CTL EMMONS VS ULLAH [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Attorneys Paul Batta, Dan Fulkerson, and Ed Meara (Batta/Fulkerson LLP)'s motion to be relieved as counsel is OFF CALENDAR.

A motion to be relieved must be made on the 'Notice of Motion and Motion to Be Relieved as Council-Civil (form MC-051).' (Cal. Rules of Court, rule 3.1362(a).) Item 2 on that form requiring the moving attorney to identify the 'Date' and 'Time' of the hearing. The form is consistent with the general requirement that a notice of motion state when the motion will be heard. (Code Civ. Proc., § 1010; Cal. Rules of Court, rule 3.1110(b)(1).) A motion to be relieved must also include a proposed order on the 'Order Granting Attorney's Motion to Be Relieved as Counsel-Civil (form MC-053).' Item 3 of that form requiring a finding that the motion was properly served. Item 7 of that form lists the next scheduled hearing in the case.

Here, the notice of motion (ROA #14) is defective. The spaces for the date and time of the motion were left blank.

The proposed order (ROA #15) is also defective. Whereas the supporting declaration indicates the motion was served via U.S. mail, the proposed order includes a finding that the motion was personally served. Item 7 was also left blank, even though there is a case management conference on calendar for August 16, 2024 at 10:00am.

As the notice was defective, the motion is off calendar. Any subsequent motion should ensure that all required forms are properly completed and served on the client.

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