Judge: Olga Alvarez, Case: 37-2018-00029420-PR-LA-CTL, Date: 2024-03-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - February 06, 2024

02/07/2024  10:30:00 AM  503 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Olga Alvarez

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Probate  Letters Of Administration Motion Hearing (Probate) 37-2018-00029420-PR-LA-CTL ESTATE OF DAVID HUMPHREYS MILLER [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 10/26/2023

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 is CONTINUED to March 6, 2024, at 10:30 a.m.

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, the motion papers are filed on mandatory judicial council forms, the required information is provided, and the motion otherwise complies with CRC 3.1362. Except that the surety that posted bond in this case, U.S. Specialty Insurance Company (ROA 30) was not served. Instead, Bond Services of California was served. It is unclear to the Court how Bond Services of California is entitled to notice, and why U.S. Specialty Insurance Company was not served.

Therefore, the motion is CONTINUED for proper service of the motions papers and notice of hearing on all parties entitled to notice.

Attorney Hensley is directed to serve written notice of ruling on all parties in accordance with the provisions of CCP § 1019.5(a).

IT IS SO ORDERED.

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