Motion to be Relieved as Counsel
34-2023-00333493-PR-LA-FRC: In the matter of Neil Smith 03/18/2026 Hearing on Motion - Other Motion to be Relieved as Counsel in Department 129
Tentative Ruling
NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL MOTION FILED: 2/5/2026 RE: Estate of Neil Smith
MOVING PARTY: Eric G. Fernandez, (916) 957-1400
RESPONDING PARTIES: N.A.
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.
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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.
34-2023-00333493-PR-LA-FRC: In the matter of Neil Smith 03/18/2026 Hearing on Motion - Other Motion to be Relieved as Counsel in Department 129
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 Eric Fernandezs Motion to be Relieved as Counsel is GRANTED as follows.
Counsel indicates the client has breached a material term of the agreement, and the client has not remedied the breach to date. Counsel was unable to confirm a current address but was notified by telephone and email. (Declaration, ¶ 3.)
The Court finds good cause for Mr. Fernandez to be relieved as counsel pursuant to Code of Civil Procedure section 284(2).
Letters were issued to client and Administrator Jessica Reyes on 7/7/2023. Administrator Jessica Reyes is ordered to file an accounting no later than 5/20/2026. On the Court's own motion, the matter is set for hearing to report the condition of the estate on May 27, 2026, at 9:00 a.m., in Department 129. (Prob. Code, § 12202.)
The Motion to be Relieved as Counsel is granted. The Court will sign the order submitted, which shall be effective upon the filing of the proof of service of the signed order and this minute order upon the client.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC, Rule 3.1312.)