Judge: Stephen P. Pfahler, Case: 23STCV19217, Date: 2024-03-29 Tentative Ruling

Case Number: 23STCV19217    Hearing Date: March 29, 2024    Dept: 68

Date: 3-29-24 a/f 5-15-24 (3-8-24 Minute Order)

Case # 23STCV19217

Trial Date: Vacated/TBD

RELIEVED AS COUNSEL

MOVING ATTORNEY: Robert Kent

CLIENT:  Defendant, Day-O Graphics, Inc.

RELIEF REQUESTED

Motion to Be Relieved as Counsel of Record

SUMMARY OF ACTION

On August 11, 2023, Plaintiff Peter Simpson filed a complaint and first amended complaint for unlawful detainer against Defendant Charles Borom dba Impact International. On August 31, 2023, Plaintiff filed a first amended complaint against Day-O Graphics, Inc. dba Bella Are Custom Framing and Impact International. On March 13, 2024, the court entered the parties’ stipulation whereby possession was deemed no longer in issue.

RULING: Denied.

Counsel for plaintiff moves to be relieved as counsel of record, due to the inability to maintain contact with the client.

An attorney may withdraw as counsel of record through compliance with all procedural requirements under Code Civil Procedure section 284 and California Rules of Court, rule 3.1362. California Rules of Court rule 3.1362(a), (b), (e) requires the use of Judicial Form MC-051 (Notice), Judicial Form MC-052 (Declaration), and Judicial Form MC-053 (Proposed Order). All forms must be served on the client and all parties. (CRC 3.1362(d).) The motion lacks a filed and served copy of the proposed order in violation of CRC 3.1362(d). The motion lacks any amended notice of hearing or proof of service for any and all of the required documents, as required in the March 8, 2024, order advancing the hearing.

The court also finds the Declaration incomplete. Section 3.b of the Service portion of the declaration remains unchecked. The court declines to find unspecified communication with the client via counsel that referred the client, attorney Steven Wolfson, including mail service on Wolfson constitutes a sufficient substitution. Counsel needs to provide an explanation for confirmation and reliance on the last known address in section 3.b.

The motion is denied without prejudice.

Case Management Conference set for May 22, 2024.

Moving attorney to provide notice.