Judge: Richard Y. Lee, Case: 30-2017-00960410, Date: 2023-07-20 Tentative Ruling

Attorneys for Defendant Sears, Roebuck and Co., Collings, Daehnke, Inlow and Greco seek an order relieving them from acting as counsel of record for Defendant herein.

Initially, the Court notes that all required judicial council forms have been used and served on Plaintiff’s counsel. [CRC Rule 3.1362.]

However, there are some notable defects in the papers.

First, while Attorney Hwang does declare under penalty of perjury that the client was served by mail, the proofs of services attached to the documents do not list the client and the client’s address.

Second,  the Court notes that the client’s address listed on the proposed order does not include the client’s name, state, or zip code. Although that information may be gleaned elsewhere, it should be properly included in the proposed Order. 

Third, the precise title of the entity from which counsel seeks to withdraw representation is not clear. In some places, attorney indicates client is Sears, Roebuck and Co.; and in other places attorney indicates the client is Sears, Roebuck and Co., LLC.  [Emphasis added.]

Finally, the Court is aware this case was stayed due to Bankruptcy. It is unclear whether these documents were served on the Bankruptcy trustee, or if such service was required.

Due to the aforementioned, the Motion is DENIED WITHOUT PREJUDICE.

The parties should be prepared to discuss the OSC and the status conference also on calendar this date.

Court to give notice.