Judge: Michael J. Strickroth, Case: 2022-01248872, Date: 2022-11-07 Tentative Ruling

Motion to Be Relieved as Counsel of Record

Moving Attorney’s (Torklaw, APC and Jeffery Crissman) Motion to be Relieved as Counsel for Plaintiff Duane Collie (Motion) is DENIED without prejudice.

California Rules of Court, rule 3.1362 subdivision (d) provides:

The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service, electronic service, or mail.

(1)  If the notice is served on the client by mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration stating facts showing that either:

(A)   The service address is the current residence or business address of the client; or

(B)   The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

Moving Attorney has not filed a Proof of Service with their Motion. Additionally, Moving Attorney’s Declaration in Support of Motion does not attest that they either confirmed Plaintiff Collie’s address or that they are unable to confirm Collie’s current address after making reasonable efforts to do so within 30 days before the filing of this Motion.

Therefore, the Motion does not demonstrate compliance with California Rules of Court, rule 3.1362(d).

For these reasons, Moving Attorney’s (Torklaw, APC and Jeffery Crissman) Motion to be Relieved as Counsel for Plaintiff Duane Collie (Motion) is DENIED without prejudice.

Moving party attorney to give notice.