Judge: Theodore R. Howard, Case: 21-1213964, Date: 2022-12-15 Tentative Ruling

Pisegna & Zimmerman, LLC’s (“P&Z”) Motion to Be Relieved as Counsel (“Motion”) for plaintiff Chloe Flowers (“Plaintiff”) is DENIED without prejudice.

Though P&Z filed the three required forms pursuant to California Rules of Court, Rule 3.1362, there is no evidence those documents were served on Plaintiff.  P&Z filed two proofs of service (“POS” - ROA ##36, 43), which indicate service was “ONLY BY ELECTRONIC TRANSMISSION.”  Neither of those POS contain an email address for Plaintiff, which is a requirement for showing electronic service.  (Civ. Proc. Code § 1013b(b)(3).)  There is also no electronic service address listed on the POS as required under the code. (Civ. Proc. Code § 1013b(b)(1).)  The POS are faulty.

Despite the Motion being filed on 06/27/22, and ostensibly being served on 05/31/22 and 07/05/22, neither the Mandatory Settlement Conference scheduled for 09/15/23 nor the trial date on 10/16/23 are included in the pleadings.  This is despite both of those dates being scheduled at the 04/15/22 Case Management Conference, which was well before the Motion was filed/served.  (ROA #32.) The pleadings are inaccurate and incomplete.

The Motion is DENIED without prejudice.  P&Z is given leave to re-file its pleadings with the required information.

P&Z to give notice.