Case Number: BC663759 Hearing Date: February 06, 2019 Dept: 3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT
DANIEL RODRIGUEZ,
Plaintiff(s),
vs.
ELLISSA HUYNH, ET AL.,
Defendant(s).
CASE NO: BC663759
[TENTATIVE] ORDER DENYING MOTION TO BE RELIEVED AS COUNSEL
Dept. 3
1:30 p.m.
February 6, 2019
Plaintiff’s attorney of record seeks to be relieved as counsel, contending he cannot locate his client. Counsel’s declaration is internally inconsistent, and therefore the motion is denied. At ¶2, Counsel declares Plaintiff cannot be located and does not respond to any attempt to contact him. At ¶¶3(a)(2) and 3(b), Counsel declares he has confirmed Plaintiff’s address, within the past thirty days, via telephone. This two statements are internally inconsistent, and the motion is denied.
Of note, where a client’s address is unconfirmed, Counsel must file proof of service of the moving papers on the Court Clerk per CCP §1011(b) and CRC 3.1362(d). It appears Plaintiff’s address is unconfirmed, but there is no proof of service of the moving papers on the Clerk.
Counsel is ordered to give notice.