Motion to be Relieved as Counsel
LAW & MOTION CALENDAR TENTATIVE RULINGS
June 4, 2026
Judge R. Shawn Nelson Department C10
Department C10 hears law and motion on Thursdays at 10:00 a.m. and 1:30 p.m.
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Appearances and public access: Appearances, whether in person or remote, must comply with Civil Procedure Code section 367.75, California Rule of Court 3.672, Orange County Superior Court Local Rule 375, and Orange County Superior Court Appearance Procedure and Information—Civil Unlimited and Complex (pub. 9/9/22).
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NO. CASE NAME MATTER
10 a.m.
1 Patriot Bank v. The Motion to be Relieved as Counsel brought on behalf of Alexander Alvarado Penley is DENIED, without prejudice.
Initially, the moving papers request relief for Counsel “Alexander Penley,” but are thereafter signed exclusively by “Andrew Gramajo.” (See ROA Nos. 36 and 40.) As Andrew Gramajo of Cordoba Legal Group is the sole
attorney of record for Defendant, the motion appears to seek relief for an attorney who has not appeared in this action.
Additionally, regardless, the motion fails to comply with the requirements of California Rules of Court rule 3.1362.
The notice of motion fails to list the Court address, within ¶2(b) of the mandatory notice form. Additionally, the address listed within the caption is the address for the Civil Complex Center, despite Department C10 being located in the Central Justice Center, located at 700 Civic Center Drive West, Santa Ana, CA 92701. Based on the above, the client did not receive adequate notice of the hearing.
Further, the motion was inadequately served. While a proof of service indicates the motion to be relieved was served on the client, via mail, on May 5, 2026 (ROA No. 38), the proof of service does not indicate service of the accompanying declaration and proposed order, as required. (Cal. Rules of Court rule 3.1362(d).)
Finally, the mandatory declaration left the entirety of ¶3 blank. (ROA No. 36.) Consequently, there is no indication the client’s address was confirmed. (See ¶3(b)(1) of ROA No. 36.) Similarly, Counsel offered no information which supports proceeding, despite a lack of confirmation. (See ¶3(b)(2) and (c) of ROA No. 36.) The above fails to comply with California Rules of Court rule 3.1362(d)(1).
The moving party to give notice.
2 Thompson v. Counsel John P. Swenson, Janae L. Hill, and Arden Burstein move to be Doan relieved as counsel of record for Plaintiff John Antyony Thompson (“Client”). For the following reasons, the motion is CONTINUED to July 09, 2026, at 10:00 a.m. in this Department.
On 05/07/2026, this court continued the hearing for Moving Counsel to file and serve proof of service “establishing service of all moving papers on Client” and an updated proposed order. The court also ordered Moving Counsel to provide notice of ruling and continued hearing date on the client.
The court record shows no compliance with this court’s 05/07/2026 order.
There remains no proof of service of the moving papers on Client John Anthony Thompson, no updated proposed order, and no proof of proper service (i.e., by non-electronic means) of this continued hearing date. (See Code Civ. Proc., § 1010.6, subd. (c)(3); Cal. Rules Ct., Rule 2.251(b)(1)(B).)
No later than nine (9) court days before the continued hearing, Moving Counsel shall file and serve: (1) proof of service that complies with Code of Civil Procedure section 1013a, establishing service by non-electronic means of all moving papers on Client; and (2) an updated proposed order on Judicial Council form MC-053 that updates the upcoming hearing information provided in Section 7.
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