Judge: Serena R. Murillo, Case: 20STCV16997, Date: 2022-08-16 Tentative Ruling

Case Number: 20STCV16997    Hearing Date: August 16, 2022    Dept: 29

TENTATIVE 

The motion to be relieved as counsel for Plaintiff David Moyal is DENIED without prejudice.

On July 13, 2022, the court stated that while counsel has attached a new proposed order which was filled out, counsel had not attached proof of service showing that the new proposed order was served on the client. The only proof of service attached to the new motion was from May 11, 2022, but the proposed order from that date was blank. Thus, the Court continued the matter to allow counsel to file proof of service of the order that was filled out.

On July 14, 2022, counsel filed a new motion to be relieved as counsel, but has still failed to correct the issue identified by the court, e.g., counsel has not filed proof of service that the new order was served on the client. The Court also notes that counsel has failed to list the hearing date for the OSC Re: Dismissal, which is set for October 17, 2022, on the declaration and proposed order. Lastly, the motion and declaration must also be served on the defendant, and the proof of service does not indicate they have been.

If counsel seeks to file a new motion, counsel must correctly list all future hearings on the declaration and proposed order and serve the client and any other party who has appeared in this case with the new notice of motion, motion, declaration and proposed order.

Moving party is ordered to give notice.