This case involves a landlord-tenant dispute and a cause of action for malicious prosecution for bringing an underlying unlawful detainer action. Plaintiffs’ counsel Lawrence Adamsky moves unopposed to be relieved as counsel.
The motion does not satisfy the procedural requirements. The notice of motion and motion, declaration, and proposed order are on the appropriate Judicial Council forms. CRC, rule 3.1362(a), (c), (e). Counsel served the clients by mail and confirmed their address within the past 30 days by mail, return receipt requested.
The Judicial Council form proof of service, however, indicates only plaintiffs were served, but defendants Jones and Alaya each filed an answer, and Jones’ default was set aside prior to the filing of this motion. Alaya’s default stands, so there was no need to serve Alaya, but Jones must be served. CCP § 1010. As filled out, the Judicial Council form proof of service is also ambiguous because while section 4 indicates that the documents a
Hearing Date
September 14, 2016
Type
Other Real Property Rights Case (General Jurisdiction)
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This case involves a landlord-tenant dispute and a cause of action for malicious prosecution for bringing an underlying unlawful detainer action. Plaintiffs’ counsel Lawrence Adamsky moves unopposed to be relieved as counsel.
The motion does not satisfy the procedural requirements. The notice of motion and motion, declaration, and proposed order are on the appropriate Judicial Council forms. CRC, rule 3.1362(a), (c), (e). Counsel served the clients by mail and confirmed their address within the past 30 days by mail, return receipt requested.
The Judicial Council form proof of service, however, indicates only plaintiffs were served, but defendants Jones and Alaya each filed an answer, and Jones’ default was set aside prior to the filing of this motion. Alaya’s default stands, so there was no need to serve Alaya, but Jones must be served. CCP § 1010. As filled out, the Judicial Council form proof of service is also ambiguous because while section 4 indicates that the documents a