Judge: Stephanie M. Bowick, Case: 22STCV33970, Date: 2025-01-21 Tentative Ruling

DEPARTMENT 19 LAW AND MOTION RULINGS
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Case Number: 22STCV33970    Hearing Date: January 21, 2025    Dept: 19

The Hearing on Motion to be Relieved as Counsel is CONTINUED to 02/14/2025, at 8:30 a.m. in Department 19 of the Stanley Mosk Courthouse.

The Court finds that Counsel for Defendant Hope Street Restaurants, LLC (“Client”) has failed to adequately show proper service of the motion papers on the Client.

First, the proofs of services attached to the papers indicate that the papers were served on Client by way of electronic service on Timothy Hollingsworth. However, the proofs of service do not include Timothy Hollingsworth’s electronic service address upon which the papers were electronically served. (See Code Civ. Proc., § 1013b(b)(3), nor do they indicate the electronic address of the person making the service. (Code Civ. Proc., § 1013b(b)(1).) In addition, Moving Counsel failed to file a “declaration stating that the electronic service address is the client's current electronic service address.” (Cal. R. Ct., 3.1362(d)(2) [“If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client's current electronic service address.”].) Current is defined as confirmed within 30 days before the filing of the motion. 

While the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel-Civil” (the “Declaration”) indicates that Counsel confirmed Client’s current service address by means of “courtesy copy by electronic service,” (Declaration, § 3(b), the Court finds that there has not been a sufficient showing of electronic service to the Client’s current address.

Finally, the proposed order fails to include the Client’s last known telephone number.

Counsel for Defendant is ordered to file a new, revised set of motion papers with the continued hearing date, with a revised MC-052 proposed order that includes Client’s last known telephone number in Section 6, and, if applicable, an updated Section 7 and Section 8, and to properly serve these papers in accordance with California Rules of Court, rule 3.1362, subdivision (d).

Proof of such service must be filed no later than three (3) court days before the hearing. 

Counsel for Defendant Hope Street Restaurants, LLC to give notice of this order.