Judge: Ronald F. Frazier, Case: 37-2019-00041260-CU-PO-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2019-00041260-CU-PO-CTL MALAN VS RAZUKI [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 09/07/2023

Attorney Michael Eganthal's Motion to Be Relieved as Counsel for Defendant Elizabeth Juarez is CONTINUED to Thursday, November 10, 2023 at 8:30 a.m. to allow Attorney Eganthal further time to comply with the rules of court. (ROA 172.) As a preliminary matter, no proof of service was filed. As such, the court is unable to confirm whether Attorney Eganthal sufficiently served his client or the other parties in the case with the moving papers.

'Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.' (Cal. R. Court, rule 3.1300(c).) Attorney Eganthal has not provided sufficient facts for the court to conclude the client's last known address was properly confirmed. Attorney Eganthal's declaration states the client's last known address 'by a conversation with a party with knowledge of prison address.' (Decl. ¶ 3(b)(1)(d).) This is too vague to assure the court the moving papers are likely to have reached the client; additional facts are needed. Further, '[m]erely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery was received is not, by itself, sufficient to demonstrate that the address is current.' (Cal. R. Court, rule 3.1362(d).) Attorney Eganthal's declaration does not properly identify all upcoming hearings and other proceedings.

(Decl. at ¶¶ 4-5.) Finally, no proposed order was filed with the moving papers, which is required by court rules. (Cal. R.

Court, rule 3.1362(e).) Attorney Eganthal is to timely file amended papers addressing the court's concerns and identifying the continued hearing date, and timely file proof of service prior to the continued hearing date.

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