Motion to be Relieved as Counsel
24CV011057: PETERSON vs RL LIQUIDATORS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, et al. 04/16/2026 Hearing on Motion to be Relieved as Counsel in Department 16D
Tentative Ruling
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
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 16D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. 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.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver
24CV011057: PETERSON vs RL LIQUIDATORS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, et al. 04/16/2026 Hearing on Motion to be Relieved as Counsel in Department 16D
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.
*** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
TENTATIVE RULING: Counsels unopposed motion to be relieved as counsel of record for Defendant RL Liquidators, LLC is dropped for defective service.
There is no proof of service of the instant motion in the Courts file showing that Counsel served its own client, Defendant RL Liquidators, LLC, with the instant motion or the Courts March 20, 2026, ex parte order advancing the hearing on the motion from August 4, 2026 to todays date. The two proofs of service filed in relation to this motion (one giving notice of the Courts order granting the ex parte application and the other constituting amended notice of the hearing) indicate that only Plaintiffs counsel was served.
As provided in CRC Rule 3.162(a) [a] notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client . . . . (CRC Rule 3.12(a) [emphasis added].) Defective service deprives the court of jurisdiction. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.) Further, Counsel cannot cure this defect by filing any amended proof of service (assuming Counsel had served Defendant) given that no proof of service for this motion can be filed at this late juncture. (CRC Rule 3.1300(c) [[p]roof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing].)
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or other notice is required.