LOZANO VS LUJANO
Motion to Be Relieved
Motion type
Parties
Ruling
to implement the terms of the judgment].) That said, the Court encourages the parties to meet and confer in good faith in an effort to resolve any disputes. While the Court may not offer legal advice to either party, other legal solutions may exist; the parties are free to seek legal advice at their own expense, but may also contact the Court's Self-Help Center for free assistance with forms and procedures not requiring legal advice.
The following are the tentative ruling cases calendared before Judge Maria Elena Ramos-Ratliff in Department #25: FL-25-001714 - LOZANO VS LUJANO Attorney for Respondent's Motion to Be Relieved-- GRANTED, and unopposed.
The Court finds that proof of service of all parties and the client is on file and establishes presumptively valid and timely service. Counsel's declaration as an officer of the Court represents that that Respondent's current address for mail and electronic service has been verified. No Responsive Declaration or other formal opposition has been received from Respondent or any other party.
Accordingly, as counsel's declaration states the basis for involuntary withdrawal in appropriately general terms, and as there are no imminently pending evidentiary hearings or trials likely to result in incurable prejudice to Respondent should counsel be relieved, the motion is granted.
Counsel's declaration states that "maybe" the currently set hearings should be vacated, but no motion to this effect was filed and served by counsel and both Petitioner and Petitioner's counsel are entitled to notice and an opportunity to be heard. Moreover, trial dates are firm and--absent a stipulation supported by good cause--the Court must consider more factors than one party's desire to be represented after the involuntary withdrawal of that party's counsel of record. Counsel is welcome to discuss this with opposing counsel at or after the hearing.
The effective date of the order relieving counsel for Respondent shall be delayed until proof of service of the signed order on the client is filed with the Court. (Cal. Rules of Ct., rule 3.1362(e).)
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