TENTATIVE RULING

Calendar: 9

Date: 5/24/2024

Case No. 23 GDCV02556 Trial Date: None Set  

Case Name: Cadelina v. Maglaya, et al. 

MOTION TO BE RELIEVED AS COUNSEL

Moving Party: M Law Attorneys, APC

Name of Client: Plaintiff Claudia Cadelina (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:

Deterioration of attorney-client relationship, failure of communication  

DECLARATION BY MOVING ATTORNEY:

 Reasons why motion is necessary:    ok 

 Address recently confirmed (within last 30 days)

  By mail, return receipt requested    

PROPOSED ORDER:

Address and phone number of client set forth:   ok   

Proper warning : ok 

Future dates filled in:    Incomplete  

ANALYSIS:

The proposed order is not complete or entirely correct here and is ordered to be modified before the order is signed.   

Specifically, the attorney has failed to check a box at paragraphs 3 and 5 and will be ordered to check boxes 3b and 5b, in effect, specifying how the client was served, and that the attorney will be relieved as attorney of record effective upon the filing of proof of service of the signed order upon the client. 

At paragraph 6, counsel has failed to include the client’s telephone number, which is necessary for the court and other parties to contact the client once counsel withdraws.  

At paragraph 8, counsel has failed to include as an additional hearing on this matter the Case Management Conference currently scheduled for September 9, 2024.   This CMC is incorrectly designated as the trial date at paragraph 9. 

Paragraph 9, concerning the trial in this action, should be corrected to check 9a, that the trial is not yet set, and the material concerning the CMC at box b should be deleted.   

Counsel is ordered to modify the order before the motion is granted. 

RULING:

[No Opposition]

UNOPPOSED Motion to be Relieved as Counsel is GRANTED. 

The Court will sign the proposed Order Granting Attorney’s Motion to be Relieved as Counsel-Civil with the following modifications:  (1) in paragraph 3, counsel must check paragraph 3b, indicating the client was served by mail with an appropriate declaration confirming the mailing address; (2) in paragraph 5a, the Order will indicate it becomes effective upon the filing of the proof of service of the signed order upon the client; (3) in paragraph 8, the Order will indicate there is a Case Management Conference scheduled in this matter on September 9, 2024; and (4) in paragraph 9, the Order will indicate there is no trial date set by checking box 9a, and the material included in 9b will be deleted.   

As so modified, the Court will sign the Order and counsel will be relieved effective upon the efiling of the proof of service of the signed order upon the client. 

 DEPARTMENT D IS CONTINUING TO CONDUCT AND ENCOURAGE 

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