Judge: Serena R. Murillo, Case: 21STCV19836, Date: 2023-01-03 Tentative Ruling
Case Number: 21STCV19836 Hearing Date: January 3, 2023 Dept: 29
Jimmy Summer v. Virginia
A. Maple, et al.
Tuesday, January 3, 2023
CASE NUMBER: 21STCV19836
TENTATIVE
The unopposed Motion to Be Relieved as Counsel
for Plaintiff, Jimmy Summer, is CONTINUED to allow counsel to file a new
declaration and new proposed order as the current ones have outdated hearing
dates listed. Counsel is to file proof of service showing the new moving papers
have been served on client and all parties who have appeared.
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). |
Irreconcilable differences of opinion leading to
breakdown in 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 last known address and
confirmed within past 30 days that address is current by telephone. |
|
|
|
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). |
|