Motion to be Relieved as Counsel
23CV002773: BAILEY JR vs MAYSONET II, et al. 01/06/2026 Hearing on Motion to be Relieved as Counsel in Department 53
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 53 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 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.
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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 and requests a court reporter, the party must submit a Request for Court Reporter by a Party with
23CV002773: BAILEY JR vs MAYSONET II, et al. 01/06/2026 Hearing on Motion to be Relieved as Counsel in Department 53
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.
TENTATIVE RULING:
The hearing on this matter is DROPPED from calendar for defective notice.
A notice of motion to be relieved as counsel may be served by personal service, electronic service, or mail. (Cal. Rules of Court, rule 3.1362(d).) If notice was served upon the client by mail, counsel must attest that [t]he service address is the last known residence.. .of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved. (Id., rule 3.1362(d)(1)(B).) If counsel is unable to serve the client at a confirmed address, counsel must serve the moving papers on the Clerk of the Court pursuant to California Code of Civil Procedure section 1011, subdivision (b). (Id., rule 3.1362(d).) Defective notice deprives the Court of jurisdiction. (Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509.)
Here, Plaintiffs counsel (Counsel) served the moving papers at Plaintiffs last known address and Counsel was unable to confirm the address. In addition to mailing the papers to the clients last known address, Counsel was therefore required to serve the Clerk of the Court under Code of Civil Procedure section 1001(b). However, there is no proof of service indicating the Clerk of Court was served. The Court therefore lacks jurisdiction to consider the motion on its merits.
Further, even if Counsel had properly served the Clerk of the Court, this motion would still be dropped for defective notice. The record indicates Defendants in pro per Sheng Huang and Hoa Wang had appeared in this action by filing an answer on June 20, 2024, before the motion to be relieved as counsel was filed and served. As parties that have appeared in the action who are not in default, Defendants are entitled to service of all motions, including Counsels present motion. There is no proof of service indicating the motion was served on the Defendants. For this further reason, the Court lacks jurisdiction to consider the motion on the merits at this time.