Judge: Melvin D. Sandvig, Case: 21CHCV00170, Date: 2022-10-05 Tentative Ruling

Case Number: 21CHCV00170    Hearing Date: October 5, 2022    Dept: F47

Dept. F47

Date: 10/5/22                                                              TRIAL DATE: 5/1/23

Case #21CHCV00170

2 MOTIONS TO BE RELIEVED AS COUNSEL

Motions filed on 9/26/22.

MOVING ATTORNEY: Steffanie Stelnick

CLIENT # 1: Defendant Outfit Realty, Inc.

CLIENT # 2: Defendant David Garza

RELIEF REQUESTD: 

(1) An order relieving Steffanie Stelnick as counsel for Defendant Outfit  Realty, Inc. in this action.

(2) An order relieving Steffanie Stelnick as counsel for Defendant David Garza in this action.

RULING:

On 9/26/22, attorney Steffanie Stelnick filed a motion to be relived as counsel for Defendant Outfit Realty, Inc. and a motion to be relieved as counsel for David Garza.  Both motions were originally set for hearing on 10/28/22.  On 9/28/22, attorney Stelnick’s ex parte application to specially set the motions to be relieved as counsel was granted setting the motions for 10/5/22.  (See 9/28/22 Minute Order).  Attorney Stelnick was ordered to give notice and file proof of service of same.  Id. 

On 9/28/22, attorney filed a notice of ruling which indicates that the clients were both served by electronic mail at david@legalcenternetwork.com.  However, there is no way for the Court to confirm this electronic mailing address.

Additionally, with regard to the motions, attorney Stelnick has failed to indicate that she has properly confirmed the clients’ addresses (mailing and/or electronic).  See CRC 3.1362(d).  In the motion for Outfit Realty, Inc., the declaration of attorney Stelnick indicates that the client’s address was confirmed within the past 30 days by Secretary of State.  However, the declaration fails to state how the address was confirmed by the Secretary of State and/or whether the address where the motion was served is the address of the corporation’s agent for service, an officer or director, etc.  In the motion for David Garza, attorney Stelnick indicates that the client’s address was confirmed within the past 30 days by “[f]illed out retainer by Mr. Garza.”  Presumably, the retainer agreement was filled out before attorney Stelnick substituted into the action as Mr. Garza’s attorney in February 2022.  (See Substitution of Attorney filed 2/18/22).  As such, it does not appear that the address was confirmed within the past 30 days.

Additionally, attorney Stelnick has failed to submit proposed orders as required.  CRC 3.1362(e).  

If David Garza and a representative from Outfit Realty, Inc. appear at the hearing and confirm that the motions were received and that the addresses set forth in the motions are the addresses where future notices should be sent to Outfit Realty, Inc. and David Garza by the other parties and the Court, the motions will be granted upon attorney Stelnick submitting properly and accurately filled out proposed orders.

If not, the motions will be denied without prejudice so that attorney Stelnick can properly confirm the clients’ addresses, set forth that information in new motions and serve the clients with those motions.