Judge: Matthew C. Braner, Case: 37-2023-00014283-CU-FR-CTL, Date: 2024-06-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 13, 2024

06/14/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Unlimited  Fraud Motion Hearing (Civil) 37-2023-00014283-CU-FR-CTL MO VS SHI [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Attorney Aijun Zhang of the Law Offices of Aijun Zhang's motion to be relieved as counsel is conditionally DENIED without prejudice.

Rule 3.1362 of the California Rules of Court governs motions to be relieved as counsel. This rule requires to prepare a proposed order on Judicial Council form MC-053, and this proposed order 'must be lodged with the court with the moving papers.' (CRC 3.1362, subd. (e).) In addition, 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).) Here, attorney Zhang failed to prepare a proposed order on the required Judicial Council form and lodge the prepared order with the court with her moving papers. The court is also unable to discern from the proof of service (ROA #44) whether attorney Zhang served both form documents she prepared and filed (MC-051 and MC-052) on her client and all other parties, as the proof of service describes only the notice of motion. For these reasons, her motion must be denied.

Accordingly, attorney Zhang's motion to be relieved as counsel is denied without prejudice for bringing a new motion that complies with the applicable procedural requirements.

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