Judge: Robert C. Longstreth, Case: 37-2020-00008514-CU-BC-CTL, Date: 2024-05-03 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 02, 2024

05/03/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2020-00008514-CU-BC-CTL BAINBRIDGE CAPITAL INC VS VOLT MANAGEMENT CORP [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 04/09/2024

Attorney Gilleon's Motion to Be Relieved as Counsel for Cross-Complainant Carissa Clark is CONTINUED to June 14, 2024 at 8:30 a.m.

Attorney Gilleon initially filed his moving papers for this hearing on April 3, 2024. (ROA 421-423.) It appears these papers were never served, as no proof of service was filed. Attorney Gilleon then filed another set of moving papers on April 9, 2024. (ROA 424-427.) Although this set of papers indicates the client would be personally served, the proof of service indicates the client was not personally served.

Thereafter, Attorney Gilleon filed an 'amended' declaration, an 'amended' proposed order, and a proof of service on April 12, 2024. (ROA 428.430.) These papers indicate the client and the other parties were served electronically on April 11, 2024.

As an initial matter, the 'amended' papers were not timely served or filed. (Code Civ. Prof. § 1005(b).) Moreover, although electronic service of a motion to be relieved is permissible, the moving attorney must comply with court rules when electronically serving this motion; specifically, 'it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.' (Cal. R. Court, rule 3.1362(d)(2).) Further, the court notes there are other minor errors in the papers. Attorney Gilleon's amended declaration, which was served several days after the notice of motion, states the hearing date was April 12, 2024. (ROA 428 at p. 1.) In addition, the box indicating the attorney has confirmed the client's address was confirmed within the last 30 days was not checked, although the box 'by other means' beneath it was checked, leading to confusion over whether the Attorney confirmed the client's current address as required. (Ibid. at ¶ 3(b)(1).) Accordingly, the court orders the motion continued to allow time for Attorney Gilleon to correct these errors and to timely serve and file the new moving papers.

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