Judge: Matthew C. Braner, Case: 37-2022-00001000-CU-PA-CTL, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 10, 2023

08/11/2023  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2022-00001000-CU-PA-CTL BURNSIDE VS LYFT INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Attorneys Richard P. Morse III and King Aminpour's motion to be relieved as counsel for Plaintiff Eric Lorraine Shelton is DENIED without prejudice.

Rule 3.1362 of the California Rules of Court governs motions to be relieved as counsel. This rule requires an attorney to bring the motion using Judicial Council form documents, and 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.' (CRC 3.1362, subd. (d).) The proof of service does not show that all parties were served with the motion papers. (ROA #45.) In addition, the court notes that although two motions to be relieved as counsel were scheduled for hearing, only one motion was filed. Given the attestation from attorney Morse regarding a conflict of interest between the two plaintiffs (ROA #48), a future motion to be relieved as counsel should include both plaintiffs, or a motion for each plaintiff should be made.

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