Judge: Olga Alvarez, Case: 37-2013-00050991-PR-TR-CTL, Date: 2023-11-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - November 14, 2023

11/15/2023  10:30:00 AM  503 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Olga Alvarez

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Probate  Trust Proceedings Motion Hearing (Probate) 37-2013-00050991-PR-TR-CTL THE JOHN A. GUIDISH TRUST [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 08/08/2023

Pursuant to Superior Court of San Diego County, Local Rules, rule 4.23.7, the Court's tentative ruling is as follows: The Motion to be Relieved as Counsel as to Cynthia Shattuck is DENIED as moot in light of the substitution of attorney filed on September 11, 2023. (ROA 185.) The Motion to be Relieved as Counsel as to John Brady is GRANTED.

An attorney wishing to withdraw from a probate proceeding as counsel of record must file and serve a Motion to Withdraw in accordance with Code of Civil Procedure section 284 and California Rules of Court, rule 3.1362. (Super Ct. San Diego County, Local Rules, rule 4.21.1(A).) Ruling on a motion to withdraw is a matter of the trial court's discretion. (Flake v. Neumiller & Beardslee (2017) 9 Cal.App.5th 223, 230.) Here, attorney Vrem filed the motion on mandatory judicial council forms in compliance with CRC 3.1362, and the proof of service shows proper service of the motion papers on the client and on all parties who appeared in the case. (ROA 186.) Therefore, the motion is GRANTED as to John Brady. The Court will sign the proposed order. Attorney Vrem is not relieved as counsel of record until the signed order is served on the client and the proof of service is filed with the Court.

Attorney Vrem is directed to serve notice of ruling in accordance with the provisions of CCP § 1019.5(a).

IT IS SO ORDERED.

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