Defense Motion to be Relieved as Counsel
July 8, 2026 Law and Motion Calendar Judge Nicole S. Healy Department 28 ________________________________________________________________________
02:00 PM LINE 5 24-CLJ-01117 WELLS FARGO BANK, N.A. VS. HYUN CHO
WELLS FARGO BANK, N.A. HARLAN M. REESE HYUN CHO DENNIS SMITH/PHILIP GREEN
Defense Motion to be Relieved as Counsel
TENTATIVE RULING:
The unopposed motion of Philip Green to be relieved as counsel of record for defendant Huyn Cho is denied without prejudice. Plaintiff has not offered sufficient proof that the moving papers were served in compliance with California Rules of Court, rule 3.1362(d). The proof of service only reflects service of the Notice of Motion. There is no proof that the Green declaration and the proposed order were served on plaintiff and defendant.
With respect to the Notice of Hearing, the proof of service indicates it was served on defendant on February 24, 2026, but it does not say how the service was accomplished. Defendant’s mailing address is provided, but it does not state all the information required for proof of mail service under Code of Civil Procedure, section 1013a. Similarly, the proof of service indicates plaintiff was served electronically through the California Electronic Case Filing System. Neither the declarant nor the plaintiff’s electronic service address is stated as required by Code of Civil Procedure, section 1013b.
If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, defendant’s counsel shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to California Rules of Court, Rule 3.1312 and Local Rule 3.403(b)(iv), and provide written notice of the ruling to all parties who have appeared in this action. The order should be e-filed only, do not email or mail a hard copy to the court.
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