Judge: Stephanie M. Bowick, Case: 21STCV40937, Date: 2024-11-26 Tentative Ruling

DEPARTMENT 19 LAW AND MOTION RULINGS
If you desire to submit on a tentative ruling, you may do so by e-mailing Dept. 19 before 08:00 a.m. on the day of the motion hearing. The e-mail address for submitting is SMCDept19@lacourt.org. The heading on your e-mail must contain the case name and number, and that you submit. For example, "Smith v. Jones BC551124, submit". The message should indicate your name, contact information, and the party you represent.

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Case Number: 21STCV40937    Hearing Date: November 26, 2024    Dept: 19

SANCHEZ v. NISSAN NORTH AMERICA 

TENTATIVE RULING 

The Hearing on Motion to be Relieved as Counsel (Res. ID: 122301378543) [Filed: 10/17/24] is CONTINUED to February 10, 2025, at 8:30 a.m., in Department 19 of the Stanley Mosk Courthouse.

 Counsel for Plaintiff failed to file a declaration on mandatory judicial council form MC-052. While a declaration of Nadia Yashar is attached to the motion papers filed on October 17, 2024, California Rules of Court, rule 3.1362, subdivision (c) requires a declaration on the mandatory judicial council form MC-052. (Cal. R. Ct., 3.1362(c) [“The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil (form MC-052).”].) Moreover, the declaration of Nadia Yashar does not state facts showing that either (1) that the service address in the proof of service is Plaintiff’s current residence or business address or (2) the service address is Plaintiff’s last known residence or business address and Counsel has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved. (Cal. R. Ct., 3.1362(d).) 

Additionally, Section 1 of the Notice of Motion and Motion to Be Relieved as Counsel is blank, and there is no indication that Counsel gave Plaintiff or Defendant notice of the advanced hearing date. (See November 4, 2024 Minute Order, p. 1.) 

Counsel for Plaintiff must file all new motion papers containing the new hearing date and serve such papers on Plaintiff and all other parties in the manner prescribed by California Rules of Court, rule 3.1362, and to file proof of such service.   

Counsel for Plaintiff to give notice.