Judge: Melvin D. Sandvig, Case: 24CHCV01144, Date: 2024-11-12 Tentative Ruling

Case Number: 24CHCV01144    Hearing Date: November 12, 2024    Dept: F47

Dept. F47

Date: 11/12/24

Case #24CHCV01144

 

MOTION TO BE RELIEVED AS COUNSEL

 

Motion filed on 4/8/24.

 

MOVING ATTORNEY: Kyle P. Schneberg

CLIENT: Plaintiff Aaron Ferreras through his conservator, Lynette Ferreras

 

RELIEF REQUESTED: An order relieving Kyle P. Schneberg as counsel for Plaintiff Aaron Ferreras through his conservator, Lynette Ferreras.

 

RULING: The motion is placed off calendar. 

 

On 4/8/24, attorney Kyle P. Schneberg filed the instant motion seeking an order relieving him as counsel for Plaintiff Aaron Ferreras through his conservator, Lynette Ferreras (Plaintiff).  The attorney notes that a court order is necessary for his office to withdraw since Aaron Ferreras lacks legal capacity and may not be represented by his conservator.  (See Declaration, No.2).  The attorney also indicates that as of the filing of the motion on 4/8/24, Plaintiff was searching for new counsel.  Id.  A substitution of attorney has not been filed as to Aaron Ferreras.  No other reason for the withdrawal is provided.

 

There is no proof of service for the motion and no response has been filed by Plaintiff/Plaintiff’s conservator to cure the defect.

 

Additionally, the attorney has failed to set forth the address of the client on the first page of the notice of motion as required.  The attorney has also failed to set forth the telephone number for the client in number 6 of the proposed order.