Judge: Stephanie M. Bowick, Case: 22STCV16239, Date: 2025-02-26 Tentative Ruling

Case Number: 22STCV16239    Hearing Date: February 26, 2025    Dept: 19

02/26/2025

Dept. 19

Hon. Rolf Treu, Judge presiding 

SEGURA, et al. v. VEGA FAMILY TRUST, et al. (22STCV16239)

TENTATIVE RULING

The Hearing on Motion to be Relieved as Counsel is CONTINUED to March 27, 2025 at 8:30A.M. in Department 19 of the Stanley Mosk Courthouse.

In its February 6, 2025 Minute Order, the Court explained that, since the motion papers (filed on December 6, 2024) indicated that they were served on Plaintiff Toribo Galarza by mail at his last known address and that Counsel had 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, California Rules of Court, rule 3.1362 required the motion papers to also be delivered to the court clerk in accordance with California Rules of Court, rule 3.252. (February 6, 2025 Minute Order, p. 2.)

Thus, the Court ordered that:

Moving Counsel must refile a revised set of motion papers with the continued hearing date, including a revised MC-052 proposed order that updates the information in Sections 7 and 8, and serve the papers as follows: (1) by mail, return at Client’s last known residence or business address; and (2) by delivering, pursuant to Code of Civil Procedure section 1011(b)(3), the papers to the clerk of the court in the manner prescribed by California Rules of Court, rule 3.252.

Counsel is ordered to file proof of such service no later than three (3) court days before the next hearing.

(Id. at p. 3.)

On February 10, 2025, Counsel filed revised motion papers and a separately filed proof of service. The proofs of service attached to the revised motion papers, and the separately filed proof of service, do not show that the papers were delivered to the clerk of the court in the manner prescribed by California Rules of Court, rule 3.252.

The Court give Moving Counsel one final opportunity to refile a revised set of motion papers with the continued hearing date, including a revised MC-052 proposed order that updates the information in Sections 7 and 8, and serve the papers as follows: (1) by mail, return at Client’s last known residence or business address; and (2) by delivering, pursuant to Code of Civil Procedure section 1011(b)(3), the papers to the clerk of the court in the manner prescribed by California Rules of Court, rule 3.252.

Counsel is ordered to file proof of such service no later than three (3) court days before the next hearing.   

Moving Counsel to give notice.