Jocelyn Bartlett, et al. vs AVN Farms, LLC, et al.

23CV-02663 Jocelyn Bartlett, et al. vs AVN Farms, LLC, et al.

Motion to be Relieved as Counsel

The motion to be relieved as counsel for Plaintiff Eric Scott Ward is DENIED WITHOUT PREJUDICE.

The declaration of Binh Bui is insufficient regarding service. If the client has been served by mail at the client’s last known address the attorney must have confirmed the client’s last known address within the past thirty (30) days.

Here, the motion was served by mail and in confirming the client’s last known address in the past thirty (30) days Bui checked 3(b)(1)(d), which is confirming the address by other means. Specifically, the declaration states at 3(b)(1)(d), “We served the client via mail at his last known address, and the Proof of Service to that effect is being filed contemporaneously with these motion documents.” (Bui Decl. 3(b)(1)(d).)

This is not confirmation that the client’s last known address is current. It is a statement that service was completed at the client’s last known address. Before the court can grant the motion, the client’s last known address must be confirmed and the appropriate information contained in counsel’s declaration.