Motion to be Relieved as Counsel
34-2019-00263314-PR-LA-FRC: In the matter of Anthony Piatt 06/17/2026 Hearing on Motion - Other MOTION BY ROBERT J SILVERMAN ESQ TO WITHDRAW AS COUNSEL OF RECORD FOR FORMER ADMINISTRATOR CARLY BEALL in Department 129
Tentative Ruling
MOTION TO BE RELIEVED AS COUNSEL
Filed: 5/18/2026
Re: Estate of Anthony Piatt
Moving Party: Former Administrator Carly Beall Attorney: Robert Silverman, (925) 705-4474
Responding Party: None
NOTICE: Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the courts website. If the party does not have online access, they may call the dedicated phone number for the Probate Department at (916) 875-2529 between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 129 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept129 and the Zoom Meeting ID is 161 3352 9231. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code § 68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
34-2019-00263314-PR-LA-FRC: In the matter of Anthony Piatt 06/17/2026 Hearing on Motion - Other MOTION BY ROBERT J SILVERMAN ESQ TO WITHDRAW AS COUNSEL OF RECORD FOR FORMER ADMINISTRATOR CARLY BEALL in Department 129
A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING Attorney Robert J. Silvermans Motion to be Relieved as Counsel is denied without prejudice as follows.
The Court notes counsels failure to comply with California Rules of Court, rule 3.1362(c), which mandates a declaration on the Declaration in Support of Attorneys Motion to Be Relieved as Counsel-Civil form (form MC-052).
While Counsel indicates he has complied with all obligations under the California Rules of Professional Conduct by notif[ying] the former administrator of this motion, (Motion, ¶ 14.a.) Counsels declaration makes no mention as to whether the notice of motion, motion, declaration, and proposed order were served pursuant to California Rules of Court, rule 3.1362(d), which requires a declaration stating facts that either [t]he service address is the current residence or business address of the client, or [t]he service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved. (Cal.
Rules of Court, rule 3.1362(d)(1)(A)-(B).) Counsel merely indicates difficulty in maintaining regular contact with his client. (Motion, ¶ 7.) This is insufficient for a finding of good cause under Code of Civil Procedure section 284(2) or compliance with California Rules of Court, rule 3.1362.
The motion is denied without prejudice.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)