Judge: Melvin D. Sandvig, Case: 21CHCV00956, Date: 2024-11-06 Tentative Ruling

Case Number: 21CHCV00956    Hearing Date: November 6, 2024    Dept: F47

Dept. F47

Date: 11/6/24

Case #21CHCV00956

MOTION TO BE RELIEVED AS COUNSEL

Motion filed on 4/2/24.

MOVING ATTORNEY: Masoud Masjedi

CLIENT: Defendant Ali Mirghaffari

RULING: The motion is placed off calendar. 

On 4/2/24, attorney Masoud Masjedi filed a Notice of Motion and Motion to be Relieved as Counsel for Defendant Ali Mirghaffari along with a proposed Order Granting Attorney’s Motion to be Relieved as Counsel. 

The motion fails for the following reasons:

(1) The proof of service attached to the notice of motion indicates that it, along with a declaration in support of the motion and the proposed order were electronically served on 4 email addresses.  While one of the email addresses is the email address of record for opposing counsel and another seems to be for another attorney in opposing counsel’s office, it is not clear who the other 2 email addresses belong to.  If one of the other email addresses is that of the client, there must be a declaration stating that the electronic service address is the client’s current electronic service address.  CRC 3.1362(d)(2).  The proof of service also does not show service of the motion on the client at the street address listed for the client in the notice of motion.  (See Notice of Motion, p.1); CRC 3.1362(d).

(2) Although the proof of service indicates that a declaration in support of the motion was served, no such declaration has been filed with the court.  See CRC 3.1362(c).