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22-CIV-05095·sanmateo·Civil·Personal Injury
Hearing 3 months agoDENIED

LUIS AMAYA VS. HEATHER MARIE MILESTONE

MOTION TO BE RELIEVED AS COUNSEL FOR PLAINTIFF LUIS AMAYA

Hearing date
May 19, 2026
Department
4
Prevailing
Opposing Party

Motion type

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Parties

PlaintiffLUIS AMAYA
DefendantHEATHER MARIE MILESTONE

Attorneys

KATE JAMSHEED(KJ Injury & Accident Lawyers, PC)for Plaintiff

Ruling

May 19, 2026 Law and Motion Calendar PAGE 9 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________

2:00 PM LINE 4 22-CIV-05095 LUIS AMAYA VS. HEATHER MARIE MILESTONE

LUIS AMAYA KATE JAMSHEED HEATHER MARIE MILESTONE CHRISTOPHER W. RIVERA

MOTION TO BE RELIEVED AS COUNSEL FOR PLAINTIFF LUIS AMAYA

TENTATIVE RULING:

The motion of Kate Jamsheed and KJ Injury & Accident Lawyers, PC to be relieved as counsel for plaintiff Luis Amaya is DENIED without prejudice. On January 27, 2026, the court denied without prejudice the motion to be relieved of counsel of record for plaintiff “for lack of proof that all parties received proper notice of the motion. The proof of service does not indicate that defendant Heather Marie Milestone was served with the moving papers. With respect to plaintiff, it indicates the motion was served on the same day it was filed.

However, the hearing date on the Notice of Motion was changed from October 21, 2025, to January 27, 2026, at the time of filing. It is unclear whether the copy served on plaintiff was the original or amended version. The court’s record does not reflect that counsel served an Amended Notice of Motion.” (Min. of Jan. 27, 2026.) Plaintiff’s counsel has now refiled the motion and served plaintiff and defense counsel with a notice and an amended notice, which amended notice shows the May 19, 2026 hearing date.

However, plaintiff’s counsel served plaintiff at a South San Francisco address, but the declaration in support of the motion to be relieved attaches some sort of printout, which is not authenticated, and thus, there are no admissible facts to show that plaintiff was served at his current address, an address that has been verified within the last thirty days as being current. (Cal. Rules of Court, rule 3.1362(d).)

If the tentative is not contested, it will become the order of the court without a formal order.

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