Judge Serena R. Murillo, Case 20STCV35892 2023-01-20 Tentative Ruling

Judge: Serena R. Murillo, Case: 20STCV35892, Date: 2023-01-20 Tentative Ruling

Case Number: 20STCV35892 Hearing Date: January 20, 2023 Dept: 29

CASE NUMBER: 20STCV35892

TENTATIVE

The motion to be relieved as counsel for Plaintiff, Herbert Brooks, is CONTINUED. The declaration and proposed order, which were served on Plaintiff, do not list the hearing on the motion for summary judgment, which was filed after the motion to be relieved as filed. Thus, counsel should file and serve new moving papers and include all hearings set to be heard in this matter on the declaration and proposed order, reserve plaintiff and defendant, and file a new proof of service.

Hearing on Motion to be Relieved as Counsel is continued to 02/16/2023 at 01:30 PM in
Department 29 at Spring Street Courthouse.

Moving party is ordered to give notice.

NOTICE			COMMENTS
	Form	Filed "Notice of Motion and Motion to Be Relieved as Counsel-Civil form (MC-051)."¿ CRC Rule 3.1362(a)
DECLARATION
	Form	Filed "Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil form (MC-052)."¿ CRC Rule 3.1362(c).
	Terms	Declaration states in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).¿ CRC Rule 3.1362(c).	Deterioration of attorney-client relationship.
SERVICE
	Parties	The notice of motion and motion and declaration were served on the client and on all other parties who have appeared in the case, by personal service or mail.¿ CRC Rule 3.1362(d).
	Declaration	Notice served on the client by mail, and accompanied by a declaration stating facts showing that either (1) the service address is the current residence or business address of the client or (2) the service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days prior to the filing of the motion to be relieved. CRC Rule 3.1362(d).	Served the client by mail at client’s last known address and attorney has confirmed that the address is current within past 30 days by mail, return receipt requested.
	Current Address	Address confirmed within 30 days prior to the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client’s last known address and was not returned will not, by itself, be sufficient to demonstrate that the address is current.¿¿ CRC Rule 3.1362(d).	.
	CCP §1011(b)	If service was by mail, Code of Civil Procedure section 1011(b) requirements satisfied.¿CRC Rule 3.1362(d).
ORDER
	Lodged	A proposed order¿on the Order Granting Attorney's Motion to Be Relieved as Counsel-Civil form (MC-053) lodged with the court.¿ CRC Rule 3.1362(e).
	Served	Order served on the client with moving papers. CRC Rule 3.1362(e).
	Dates	The order specifies all hearing dates scheduled in the action or proceeding, including date of trial.¿ CRC Rule 3.1362(e).