US Bank National Association v. Miru Logistics, Inc.

Case Number: EC065391 Hearing Date: January 12, 2018 Dept: NCE

11. US Bank National Association v. Miru Logistics, Inc.

EC065391

Motion to be relieved/withdraw as counsel for defendant Sona Dedyan – no tentative for the following reasons:

1. This motion was originally set for December 8, 2017. The Notice of Continuance of the Motion given by counsel to Sona Dedeyan was not served by mail until January 4, 2018, almost one month after the motion had originally been set to be heard. It is not clear to the court that Ms. Dedeyan had notice before December 8 that the motion was not going to proceed on December 8 or that notice mailed January 4, effectively served as of January 9, is sufficient notice of this continued hearing date.

2. Even if the court were to consider this motion, it notes the Notice of Motion is directed only to Sona Dedeyan, while the proposed Order states it is as to both Dedeyan and Miru Logistics, Inc. The proof of service shows service only on Sona Dedeyan. The failure to service Miru Logistics, Inc. requires denial of the request, if any is being made, as to Miru Logistics.

If it is heard today, the motion to be relieved as to Sona Dedeyan ONLY will be granted, once counsel completes the proposed Order at paragraph 1 to strike the reference to “Miru Logistics, Inc.” and at paragraph 6 to check the box for “current” and delete the reference to “last known” (since the declaration indicates the address was confirmed within the last 30 days as the current address) and to provide the current telephone number for Sona Dedeyan.

Counsel will remain counsel of record until a proof of service demonstrating service of the Order executed by the court today is filed with the court.

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