Judge: Bryant Y. Yang, Case: 22PSCV00579, Date: 2024-03-04 Tentative Ruling

Case Number: 22PSCV00579    Hearing Date: March 4, 2024    Dept: L

The hearing on Counsel for Plaintiff Terri Williams’ (i.e., Rosenberg Mendlin & Rosen, LLP) Motion to be Relieved as Counsel is CONTINUED to April 11, 2024 at 9:30 a.m. [see below].

Background[1]  

Plaintiff Terri Williams (“Terri”) alleges as follows:

Terri and Christy Sue Porter (“Christy”) are sisters; their mother, Annetha Porter (“Annetha”), died on February 9, 2012 and their father, Donald Porter (“Donald”), died on July 2, 2018. Terri is a beneficiary of The Donald K. Porter Living Trust dated June 11, 2012 (“Trust”). After Donald died, Christy became the trustee of the Trust. Despite several demands from Terri, Christy did not provide an accounting of the trust assets. Christy also failed to distribute the Trust assets as per the terms of the Trust. Christy also failed to distribute funds from Annetha’s estate to Terri, including funds from an SCE FCU Credit Union account, and instead transferred the funds to the Trust. Christy died on June 11, 2021.

On March 1, 2023, Terri filed a Second Amended Complaint, asserting a cause of action against Defendants Christy’s Estate and Larry Madole, as successor trustee of the Donald Porter Living Trust dated June 11, 2012 for:

1.                  Fraud

A Case Management Conference is set for March 4, 2024.

Discussion

Rosenberg Mendlin & Rosen, LLP (“Firm”) eeks to be relieved as counsel of record for Terri (“Client”). The hearing on the motion is continued to April 11, 2024 at 9:30 a.m., based on the notice deficiency outlined in the footnote above. Counsel for Client is to give notice to Client and to opposing counsel.