RIVAS, AN INDIVIDUAL vs CSAA INSURANCE EXCHANGE, A CORPORATION

26CV189281: RIVAS, AN INDIVIDUAL vs CSAA INSURANCE EXCHANGE, A CORPORATION 06/16/2026 Hearing on Motion to be Relieved as Counsel filed by OMAR RIVAS, an individual (Petitioner) CRS# A-189281-001 in Department 514

Tentative Ruling - 06/11/2026 Julie Wilensky

On 5/19/2026, attorneys Giorgio Cassandra and Stephanie Alvarez of BD&J, PC (“Counsel”) filed this Petition to Compel Arbitration and Open a Civil File Under Uninsured Motorist Claim on behalf of Omar Rivas (“Rivas”). The Court notes that the petition itself is dated 5/20/2026, one day after it was filed. (See signature page of Petition.)

To date, respondent CSAA Insurance Exchange (“CSAA”) has not been served with the petition.

On 5/27/2026, Counsel filed this motion to be relieved as counsel for Rivas, with a noticed hearing date of 6/16/2026. The motion was not filed or served in accordance with Code of Civil Procedure (“CCP”) section 1005(b). Under section 1005(b), motions must be filed and served at least 16 court days before the scheduled hearing. If service is made by U.S. mail, the non-moving party is entitled to five additional calendar days of notice.

Counsel filed this motion on 5/27/2026, less than 16 court days before the 6/16/2026 hearing. Because Counsel did not provide proof of service for Rivas, the Court cannot determine the date or location of service.

Counsel submitted the required Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (JC form MC-052) indicating that the moving papers were mailed to Rivas at his last known address; however, the declaration does not confirm the address or date of mailing, or clearly demonstrate that Counsel confirmed – or was unable to confirm – Rivas’ current address before filing and serving this motion. In sum, both filing and service are defective. Accordingly, the hearing must be continued for proper notice.

The motion raises other concerns for the Court. As noted above, Counsel filed this petition on 5/19/2026. Counsel’s motion to be relieved as counsel was filed on 5/27/2026. Counsel’s supporting declaration states under penalty of perjury that there has been a “significant breakdown in the attorney-client relationship” and “[d]espite repeated efforts to communicate, Claimant has been unresponsive or inconsistent in responding to calls, texts.” The Court presumes that this petition was filed with the knowledge and consent of Rivas, but Counsel’s apparent inability to contact Rivas during the same time period suggests that Rivas may not be aware this petition was filed on his behalf or is pending service on CSAA. The motion provides no information in this regard. If the Court grants this motion, Rivas will be unrepresented and the Court will lack confirmed contact information for him.