Judge: Olga Alvarez, Case: 37-2021-00031525-PR-LA-CTL, Date: 2023-10-09 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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CENTRAL COURTHOUSE TENTATIVE RULINGS - September 19, 2023

09/20/2023  10:30:00 AM  503 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Olga Alvarez

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Probate  Letters Of Administration Motion Hearing (Probate) 37-2021-00031525-PR-LA-CTL ESTATE OF SHEILA A LAWRENCE AKA SHEILA LAWRENCE [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 07/07/2023

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 November 1, 2023, at 10:30 a.m. for proper notice and service of the motion papers.

An attorney wishing to withdraw from a probate proceeding as counsel of record must file and serve a Motion to Withdraw in accordance with CCP § 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, Petitioner filed a Petition for Letters of Administration with Authorization to Administer Under the Independent Administration of Estates Act on July 22, 2021. (ROA 1.) On October 7, 2021, the Court granted this petition. (ROA 14, Minute Order dated Oct. 7, 2021.) On March 21, 2022, Aqua Finance Inc. filed a creditor's claim. (ROA 20.) On June 21, 2022, a Notice of Death was filed, giving notice of Petitioner's death. (ROA 21.) On July 7, 2023, attorney Shillinger filed the instant motion to withdraw as Petitioner's counsel. The motion and required papers are filed on mandatory judicial council forms. (See ROA 25-27.) However, there is no proof of service filed. There is no proof of service that Aqua Finance Inc., a party that appeared in the case, was given notice of the motion as required.

Therefore, the motion is CONTINUED to November 1, 2023, at 10:30 a.m., for counsel to give proper notice and serve all parties entitled to notice, and to file a proof of service of the same.

Attorney Shillinger 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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