Judge: Cherol J. Nellon, Case: 24STC19396, Date: 2025-05-01 Tentative Ruling
Case Number: 24STC19396 Hearing Date: May 1, 2025 Dept: 14
#7
Case Background
This is an action for violations of the California
Consumer Credit Reporting Agencies Act, violations of the California Fair Debt
Collection Practices Act, defamation, violation of the Real Estate Settlement
Practices Act, and unfair business practices. Plaintiff alleges that Defendants
failed to process a payment on a debt owed by her late mother, causing
Plaintiff to take on another loan to save her mother’s property from
foreclosure. Thereafter, Defendants advised Plaintiff to file for loan
modification, causing the loan to increase by $50,000.
On August 2, 2024, Plaintiff Samantha Page filed her
Complaint against Defendants Partners Federal Credit Union, Witkin & Neal,
Inc., Richard G. Witkin, and New American Funding, LLC.
On September 23, 2024, Plaintiff filed a First Amended
Complaint (FAC).
On March 28, 2025, Counsel for Plaintiff filed this
motion to be relieved as Counsel.
Instant Pleading
Counsel Robert Brennan moves to be relieved as counsel
for Plaintiff.
Decision
The motion to be relieved as counsel filed by Robert
Brennan is DENIED.
Legal Standard
California Rules of Court Rule
3.1362 requires that counsel fill out forms MC-051, MC-052, and MC-053. These
forms serve two basic functions: (1) ensuring that notice is given to the
client and (2) providing the court with an adequate explanation of why the
matter is being handled via motion rather than mutual consent. See Code of
Civil Procedure, section 84; California Rules of Court Rule 3.1362.
Discussion
Counsel completed the required forms. Those forms
indicate that Counsel served Plaintiff at his last known address which he
confirmed was current via conversation, at least 30 days before the hearing on
this matter. Counsel alleges that his client engaged in conduct making
representation unreasonably difficult.
Counsel failed to indicate on Item 3 of form MC-052 how
he confirmed Plaintiff’s address was current. The Court cannot determine
whether Plaintiff’s address is current without this information. Therefore, the
motion to be relieved as counsel is DENIED.
Conclusion
The motion to be relieved as counsel filed by Robert
Brennan is DENIED.