Plaintiff’s (Jamie Castro) unopposed Motion to Recuse Plaintiff’s Counsel, Howard D. Silver (Motion), filed on 5-23-19, is GRANTED on the condition that Plaintiff files proof of proper service on Mr. Silver and all parties in this action before the hearing on this motion. If Plaintiff does not file a proper proof of service, the court will discuss a continuance date with the parties at the hearing on 8-20-19.
Code of Civil Procedure section 284 states, “The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: [¶] 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; [¶] 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” It does not appear that California Rules of Court 3.1362 applies to Plaintiff’s Motion because that rule applies to motions brought by counsel. Specifically, California Rules of
Hearing Date
August 20, 2019
For full print and download access, please subscribe at https://www.trellis.law/.
Plaintiff’s (Jamie Castro) unopposed Motion to Recuse Plaintiff’s Counsel, Howard D. Silver (Motion), filed on 5-23-19, is GRANTED on the condition that Plaintiff files proof of proper service on Mr. Silver and all parties in this action before the hearing on this motion. If Plaintiff does not file a proper proof of service, the court will discuss a continuance date with the parties at the hearing on 8-20-19.
Code of Civil Procedure section 284 states, “The attorney in an action or special proceeding may be changed at any time before or after judgment or final determination, as follows: [¶] 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; [¶] 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” It does not appear that California Rules of Court 3.1362 applies to Plaintiff’s Motion because that rule applies to motions brought by counsel. Specifically, California Rules of