Judge: Melvin D. Sandvig, Case: 22CHCV00942, Date: 2024-06-24 Tentative Ruling

Case Number: 22CHCV00942    Hearing Date: June 24, 2024    Dept: F47

Dept. F47

Date: 6/24/24

Case #22CHCV00942

MOTION TO BE RELIEVED AS COUNSEL

Motion filed on 4/29/24.

MOVING ATTORNEY: Johnny Rundell

CLIENT: Plaintiff Kryshawn Cousins

RELIEF REQUESTED: An order relieving Johnny Rundell as counsel for Plaintiff Kryshawn Cousins in this action. 

RULING: The motion is placed off calendar. 

On 4/29/24, attorney Johnny Rundell filed and served the instant motion seeking an order relieving him as attorney for Plaintiff Kryshawn Cousins (Plaintiff) in this action.

The proof of service for the motion indicates that it was served on counsel for the opposing party and on Plaintiff via electronic mail.  There is no indication that Plaintiff agreed to accept service via email.  See CCP 1010.6(c).  Additionally, the declaration filed in support of the motion indicates that the motion was mailed to the client’s last known address, return receipt requested; however, the proof of service does not indicate such service.  (See Declaration, No.3.b.(2)(a); Proof of Service attached to Notice of Motion).

Further, the motion was originally scheduled for hearing on 11/15/24 and was advanced and continued to 6/24/24 by the Court on 5/1/24 with Plaintiff’s counsel being ordered to give notice.  (See 5/1/24 Minute Order).  On 6/5/24, Plaintiff’s counsel filed and served a Notice of Proceedings which gave notice of the new 6/24/24 hearing date.  The proof of service for the Notice of Proceedings indicates that it was served only on Defendant Choosing Independence, Inc.’s (Defendant) former counsel, WorkWise Law, PC.  On 4/9/24, Defendant filed and served a Substitution of Attorney indicating that it had substituted ADLI Law Group PC in place of WorkWise Law, PC.  Also, the proof of service regarding the new hearing date gives no indication that Plaintiff was served with notice of the new hearing date. 

There being no response to the motion by Plaintiff or Defendant to cure the defects in notice, the motion is placed off calendar.