Judge: Melvin D. Sandvig, Case: 23CHCV03799, Date: 2024-09-05 Tentative Ruling

Case Number: 23CHCV03799    Hearing Date: September 5, 2024    Dept: F47

Dept. F47

Date: 9/5/24

Case #23CHCV03799

MOTION TO BE RELIEVED AS COUNSEL

Motion filed on 8/1/24.

MOVING ATTORNEY: Brett Yorke

CLIENT: Plaintiff Billy Jean Goulette

RELIEF REQUESTED: An order relieving Brett Yorke as counsel for Plaintiff Billy Jean Goulette in this action.

RULING: The motion is placed off calendar.

On 8/1/24, attorney Brett Yorke filed the instant motion seeking an order relieving him as counsel for Plaintiff Billy Jean Goulette (Plaintiff) in this action.  The proof of service attached to the motion indicates that the motion was served on 7/8/24 by electronic mail, only, on counsel for Defendant Extended Stay (Defendant) and on Plaintiff.  While electronic service of the motion on counsel for Defendant was proper, there is no evidence that Plaintiff agreed to electronic service.  See CCP 1010.6(b), (c).

The motion was originally scheduled for hearing on 2/20/25.  On 8/5/24, pursuant to Plaintiff’s counsel’s ex parte application, the hearing on the motion was advanced to 9/5/24 and Plaintiff’s counsel was ordered to give notice.  (See 8/5/24 Minute Order).  While the notice of ruling on the ex parte application was served on Plaintiff via U.S. mail and email, as noted above, the proof of service for the motion only shows that it was served by email on Plaintiff.   

There is no response to the motion by Plaintiff to cure the defect in service of the actual motion on Plaintiff.  Additionally, the proposed order does not include Plaintiff’s telephone number as required in number 6.