2015-00179964-CL-BC

Francisco Perez Gonzalez vs. Jose Luis Ulloa

Nature of Proceeding: Motion to Withdraw as Counsel

Filed By: Chrim, Emily M.

The motion to withdraw is DROPPED for defective service.

The “Declaration of Proof of Service By Mail” signed by withdrawing counsel is insufficient. The Declaration states:

I, Emily M. Chrim, Attorney of Record for Plaintiff, Francisco Gonzalez, in the above captioned matter declare that a copy of the Filed/Endorsed service of the notice of motion and motion, the declaration and the proposed order have been served on the client and all other parties by certified mail at their current addresses.

The service address for the client was verified as the current address via telephone call the client on January 24, 2018 in which he stated that 673 Germain Drive, Galt, GA 95632 was still his current address.

The service address for the defendant, through Counsel, was verified on February 1, 2018 via telephone call to Counsel, in which they stated that

the proper service address is 115 West Walnut Street Suite 3, Lodi, CA 95240.

Pursuant to CCP 1013a(2), a proof of service signed by an attorney requires:

· The exact title of the document served and filed in the cause.

· The name and business address of the person making the service.

· A statement that the person making the service is an active member of the State Bar of California and is not a party to the cause.

· The date and place of deposit in the mail.

· The name and address of the person served as shown on the envelope.

· A statement that the envelope was sealed and deposited in the mail with the postage thereon fully prepaid.

The Declaration fails to comply with CCP 1013a(2).

Defective service deprives the court of jurisdiction to act. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)