TENTATIVE RULING

Calendar: 4

Date: 9/13/2024

Case No. 23 GDCV00010 Trial Date: December 2, 2024  

Case Name: Gabor v. Gabor, et al. 

MOTIONS TO BE RELIEVED AS COUNSEL (2)

Moving Party: Trust Law Partners, LLP 

Name of Client: Defendant Eva M. Gabor

Defendant Mallorie Mehrali (No Opposition)  

Correct address in proof of service? 

 Client: ok   

 Other parties: ok 

16/+5 day lapse? ok  

RELIEF REQUESTED:

Order permitting attorney to be relieved as attorney of record in this action 

GROUNDS FOR MOTION:

Irreconcilable breakdown of attorney-client relationship.  Clients unable or unwilling to find new counsel and execute substitution of attorney. 

DECLARATION BY MOVING ATTORNEY  

 Reasons why motion is necessary:    Yes  

 Address recently confirmed (within last 30 days)

By email   

PROPOSED ORDER No Order 

Address and phone number of client set forth:    No 

Proper warning: No 

Future dates filled in:    No 

ANALYSIS:

Procedural

There have been no proposed orders lodged with the court in connection with these motions. 

CRC Rule 3.1362 (e) requires, in pertinent part:

“The proposed order relieving counsel must be prepared on the Order Granting Attorney’s Motion to be Relieved as Counsel—Civil (form MC-053) and must be lodged with the court with the moving papers.  The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known.”  

CRC Rule 3.1362 (d) provides, in pertinent part:

“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 proposed order is necessary here because it includes important warnings and informs the clients of specific information concerning further proceedings.   In addition, the order provides contact information for the clients for the court and other parties going forward.  

Unless at the hearing counsel can show that orders on the proper form have been appropriately served, the motions must be denied.

Substantive

RULING:

[No Opposition]

Motion to be relieved as counsel for defendant Eva M. Gabor is DENIED WITHOUT PREJUDICE.  

The moving papers are not accompanied by the lodging of a proposed order prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel— Civil form.  See California Rules of Court, Rule 3.1362 (e).  Such an order is required to be served to the client and other parties.  California Rules of Court, Rule 3.1362 (d).  Filling out and serving the proper order is mandatory because it provides the client with necessary warnings and informs the client of specific information concerning further proceedings. 

Motion to be relieved as counsel for defendant Mallorie Mehrali is DENIED WITHOUT PREJUDICE.  

The moving papers are not accompanied by the lodging of a proposed order prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel— Civil form.  See California Rules of Court, Rule 3.1362 (e).  Such an order is required to be served to the client and other parties.  California Rules of Court, Rule 3.1362 (d).  Filling out and serving the proper order is mandatory because it provides the client with necessary warnings and informs the client of specific information concerning further proceedings. 

 

DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE 

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