Judge: Cherol J. Nellon, Case: 24STCV00294, Date: 2024-11-17 Tentative Ruling

Case Number: 24STCV00294    Hearing Date: November 17, 2024    Dept: 14

#5

Case Background

This is an action for breach of implied warranty of habitability, negligence, intentional infliction of emotional distress, private nuisance, violation of Civil Code, section 1942.4, and violation of Business and Professions Code, section 17200. Plaintiffs are a group of families who resided in the same apartment building in Los Angeles, California. Plaintiffs allege that the building suffered from serious defects which made the building uninhabitable.

On January 4, 2024, a large group of Plaintiffs filed their Complaint against Defendants Melannie L. Munoz, 5914 Hoover St., LLC, and PI Properties No. 86, LLC.

On August 19, 2024, Gustavo Silvestre Boldrini filed these motions to be relieved as counsel for Abraham Isaias Montes Noriega, Bella Lizeth Montes, Cintia Dayan Noriega Chavez, Edgar Ivan Montes Hernandez, and Edgar Ivan Montes (Affected Plaintiffs).

Instant Pleading

Gustavo Silvestre Boldrini moves to be relieved as counsel for Plaintiffs Abraham Isaias Montes Noriega, Bella Lizeth Montes, Cintia Dayan Noriega Chavez, Edgar Ivan Montes Hernandez, and Edgar Ivan Montes.

Decision

Gustavo Silvestre Boldrini’s motions to be relieved as counsel will be granted once Counsel submits updated forms MC-053. The orders granting the motions will be effective upon the filing of the proof of service of the signed orders upon the clients.

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 § 284; California Rules of Court Rule 3.1362.

Discussion

Counsel filed the required forms. Those forms indicate that Counsel served the affected Plaintiffs at their last known addresses which he confirmed were current via conversation, at least 30 days before the hearing on this matter. The Court notes that Counsel failed to include the Affected Plaintiffs’ phone numbers on form MC-053, Item number 6. Counsel must also check box 5a on form MC-053. Counsel must file amended forms MC-053 before this motion may be granted.

Counsel represents there has been an irreparable breakdown in attorney-client communication and in the attorney-client relationship.

Counsel complied with the requirements of Rule 3.1362, and relief is appropriate under the circumstances of this case. The motions will be granted once Counsel submits updated forms MC-053. The order granting the motions will be effective upon the filing of the proof of service of the signed order upon the client.

Conclusion

Gustavo Silvestre Boldrini’s motions to be relieved as counsel will be granted once Counsel submits updated forms MC-053. The orders granting the motions will be effective upon the filing of the proof of service of the signed orders upon the clients.