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Motion to be Relieved as Counsel
Set for Law and Motion/Discovery Calendar on Tuesday January 27, 2026, Line 9. Before the court is an unopposed Motion to be Relieved as Counsel from Counsel Clinton Rooney and Huron Legal Group, P.C., counsel of record for Defendant Yasmin Bahl. OFF CALENDAR.
The proof of service does not state that Defendant was served with the notice of motion and motion, the declaration, and the proposed order; nor does it provide the means of service on Defendant. (See California Rules of Court, rule 3.1362(d) "The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case."].)
Further, to the extent moving counsel relies on electronic service upon Defendant, moving counsel has not demonstrated he served Defendant at Defendant's "current electronic service address," meaning "the address was confirmed within 30 days before the filing of the motion to be relieved." (See California Rules of Court, rule 3.1362(d)(2).) Counsel may not shift the burden of demonstrating proper service by claiming the client was obligated to inform him of any change to their email address. It is up to counsel to timely confirm the address, if he wants to rely on electronic service.
To the extent moving counsel relies on mail service upon Defendant, moving counsel has not demonstrated he served Defendant at Defendant's "current residence or business address," meaning "the address was confirmed within 30 days before the filing of the motion to be relieved," 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." (See California Rules of Court, rule 3.1362(d)(1).) Indeed, there is no due diligence showing at all.
Counsel is advised conclusory statements are insufficient to support a motion to be relieved. The facts supporting the conclusion need to be set out, if possible, in the declaration. If counsel re-files and seeks an in camera hearing or intends to rely on an in camera hearing to establish the factual basis for the motion, counsel's in-person, personal attendance will be required at the hearing on the motion. Prior to the hearing, Moving Counsel shall lodge by email to contestdept302tr@sftc.org a proposed order repeating the above verbatim.
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For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email