MOTION TO BE RELIEVED AS COUNSEL
permitted only where it complies with the requirements for a motion for summary judgment”]; see also Key v. Tyler (2019) 34 Cal.App.5th 505, 521, recognizing that motions for summary judgment are commonplace in probate proceedings.)
In short, Probate Code section 17206 provides a legal basis for the court to make orders affecting matters raised in a Petition, but it does not provide an independent procedural mechanism for parties to request such orders to be made. Moreover, no part of Section 17206 indicates that it is meant to be an exception to Probate Code sections 1022 and 1046 which require an evidentiary hearing to resolve contested probate proceedings.
Based on the foregoing, the motion is DENIED as procedurally defective. This motion is without prejudice to Petitioner’s right to seek the relief requested in a procedurally appropriate manner. The court makes no finding on the merits.
Counsel for Petitioner is ordered to file and serve a Notice of Ruling.
01216587 Althoff – Probate TENTATIVE RULING
Case: Althoff – Probate 01216587
Calendar No: 5 Date: 07/29/26
MOTION TO BE RELIEVED AS COUNSEL (ROA 140)
Attorney Andrea E. Hamud seeks to be relieved as counsel for Administrator Agnes Kathleen Kalajain.
An attorney’s right to withdraw as counsel is conditioned upon compliance with California Rules of Court, Rule 3.1362 and, where applicable, Orange County Local Rule 601.21. Counsel has not complied with either.
Counsel has not filed and served all three forms (i.e., MC- 051, MC-052, and MC-053) required by California Rules of Court, Rule 3.1362. Specifically, Counsel has not filed and served a Declaration in Support of Attorney’s Motion to Be Relieved as Counsel – Civil (MC-052). All three mandatory forms must be filed and served on the client and on all persons who have appeared in this action. The proof of
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Counsel has also not complied with Orange County Local Rule 601.21, which provides as follows: “If an attorney wishes to withdraw from a probate proceeding as attorney of record for the estate representative or any other fiduciary, in addition to the requirements under CCP 284 and CRC 3.1362, the attorney must have a citation issued and served on such motion or petition directing the representative to appear before the court to show cause why the motion or petition should not be granted or why the representative has not taken the steps to complete his or her duties.”
The client is the Administrator of the Estate of Mary Alice Althoff, and the court’s records do not reflect that a citation was issued to the client. Counsel must file a Citation – Probate (DE-122/GC-322). Once the citation is signed by the court, counsel must have it served on the client in the same manner as a summons. (See Code Civ. Proc. § 415.10.)
If the client appears at the hearing, the motion may be granted. Otherwise, the motion will be continued once for compliance with the foregoing.
00993898 Kim – Probate TENTATIVE RULING
Case: Kim – Probate 00993898
Calendar No: 7 Date: 07/29/26
MOTION TO COMPEL PROOF OF RESIDENTIAL ADDRESSES (ROA 750)
Kyu Tai Kim, in propria persona, filed a motion for an order “compelling Young S. Kwon and/or any interested party who has submitted filings using a California residential address to produce verified proof of current address.”
The motion is DENIED.
Mr. Kim cites no authority for his requested order.
The court’s records reflect that the only case participants in this probate action are Mr. Kim and Young S. Kwon. To obtain information from Mr. Kwon, Mr. Kim may propound discovery.
Mr. Kwon is ordered to give notice of this ruling. [Motion Type]