Li vs. Luk

7 Li vs. Luk TENTATIVE RULING:

Motions to Be Relieved as Counsel of Record

Counsel Ronald Norman moves to be relieved as counsel of record for Defendants Wai Leung Luk and Liyun Zhong (“Clients”). For the following reasons, the motions are DENIED, without prejudice.

Insufficient Proof of Service

California Rules of Court, Rule 3.1362(d) provides that all moving papers must be served on the client. Notice by mail must be accompanied by a declaration stating facts showing that either: (A) the service address is the current residence or business address of the client; or (B) the service address is the last known residence or business address 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. (Cal. Rules Ct., rule 3.1362(d)(1).)

If served on the client by mail under Code of Civil Procedure § 1013, they must be accompanied by a declaration stating facts showing that either (a) the service address is the current residence or business address of the client, or (b) the service address is the last known residence or business address of the client, and the attorney has been unable to locate a more current address after making reasonable efforts to do so.

Here, Moving Counsel did not take reasonable steps to locate Clients’ current mailing address. The court finds that counsel’s calling the clients’ last known telephone number alone is not reasonable, given the other methods Counsel may employ to locate Clients.

Proposed Order

California Rules of Court, rule 1.31 requires that “[w]herever applicable, [mandatory forms] must be used by all parties and must be accepted for filing by all courts.”

Here, the court record shows Moving Counsel filed no Proposed Order (MC-053).

For the foregoing reasons, the motion is denied, without prejudice.