Judge: Robert C. Longstreth, Case: 37-2023-00044228-CU-BC-CTL, Date: 2024-04-19 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 18, 2024

04/19/2024  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) 37-2023-00044228-CU-BC-CTL CONCRETE EXPRSS READY MIX LLC VS KALKAT [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 03/07/2024

Attorney Learned's Motion to Be Relieved as Counsel of Record for Plaintiffs Concrete Exprss Ready Mix, LLC, Andres Ascencion, and Eduardo Ventura (ROA 53) is ordered CONTINUED to May 17, 2024 at 8:30 a.m.

Counsel is required to confirm the clients' current address prior to filing a motion seeking to be relieved.

(Cal. R. Court, rule 3.1362(d).) 'As used in this rule, 'current' means that the address was confirmed within 30 days before the filing of the motion to be relieved.' (Ibid.) Here, Attorney Learned states he confirmed the clients' address by confirming it 'on the most recent Statement of Information on file with the California Secretary of State.' (Decl. at ¶ 3(b)(1)(d).) This would appear to apply to the LLC only, and the court is not persuaded this is a sufficient means to confirm the client's address is 'current' within the meaning of the rule. In addition, Attorney Learned does not state how he confirmed Plaintiffs Ascencion's and Ventura's current addresses.

Attorney Learned also states the clients received the moving papers by email. (Decl. at ¶ 3(b)(1)(d).) Where service is made electronically, '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).) Here, there is no declaration to that effect.

Accordingly, the motion is continued to allow time for Attorney Learned to file amended moving papers addressing counsel's efforts to confirm each of the three clients' current addresses, and to timely serve the amended papers and notice of continued hearing on the clients and all other parties to the case.

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