Judge: Serena R. Murillo, Case: 22STCV03028, Date: 2023-02-10 Tentative Ruling
Case Number: 22STCV03028 Hearing Date: February 10, 2023 Dept: 29
TENTATIVE
The motion to be relieved as counsel for Plaintiff, Bianay Reyes,
is CONTINUED. First, the proposed order is blank. Counsel must fill out the
proposed order, and then serve it, along with the declaration and motion on his
client, and Defendant, then file proof of service.
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). |
Breakdown in communication. |
|
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 been unable to confirm that the address is current
within past 30 days after mailing the motion papers, return receipt
requested, calling the client’s last number, contacting persons familiar with
client, conducting a skip trace and confirmed last known address. |
|
|
|
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). |
. Plaintiff is purposefully ignoring
counsel due to personal family reasons outside of this litigation. |
|
|
|
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). |
|