Judge: Michael D. Washington, Case: 37-2023-00033216-CU-OR-NC, Date: 2024-02-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - February 22, 2024

02/23/2024  01:30:00 PM  N-31 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael D Washington

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2023-00033216-CU-OR-NC OSBORNE PARK, INC VS GUIDRY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 01/30/2024

The Motion to Be Relieved as Counsel brought by attorney M. Viviana Oropeza (Attorney Oropeza) is DENIED without prejudice to the bringing of another motion with proper notice to the client and with proper confirmation of the client's address.

The Notice of Motion, which is on a mandatory Judicial Council form, requires that the moving party specify the date, time, and department of the hearing. This information is blank on the Notice of Motion in this case. (ROA 60.) Said notice is a requirement when bringing a Motion to Be Relieved as Counsel.

(California Rules of Court, rule 3.1362.) The Declaration in support of the motion, which is also on a mandatory Judicial Council form, requires the attorney to specify how service has been made on the client, and, if that service is not personal service, how the attorney has confirmed the client's address. This section of the Declaration is entirely blank, which is inadequate. Said declaration is a requirement when bringing a Motion to Be Relieved as Counsel. (California Rules of Court, rule 3.1362.) The Court notes that it is counsel that has the power to screen cases and clients prior to taking them and prior to filing an action in court. When counsel engages a client who then becomes unreachable, the Court is left with an open case, but without a clear point-of-contact. It is for this reason that the mandatory Judicial Council Forms for being relieved as counsel require an attorney to confirm the address of the client when seeking to be relieved. While is appears to the Court that there are valid reasons for Attorney Oropeza to be relieved (namely, a 'breakdown in the working relationship with the client'), greater clarity of the confirmation of the client's address is needed so that, if counsel is relieved, the Court will have a valid address for serving the newly unrepresented party with any notice of future court dates.

Finally, there is a Declaration of Service provided along with the moving papers, but it is not signed under penalty of perjury. Without being signed under penalty of perjury under the laws of the State of California, the 'declaration' is not evidence and does not establish that the client has been served – even if the client's address had been confirmed.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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