Judge: Cherol J. Nellon, Case: 24STCV19396, Date: 2025-03-27 Tentative Ruling

Case Number: 24STCV19396    Hearing Date: March 27, 2025    Dept: 14

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 February 13 and 18, 2025, Robert Brennan, 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 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 § 284; California Rules of Court Rule 3.1362.

Discussion

Counsel failed to file the required form MC-053. Therefore, the motion to be relieved as counsel is DENIED.

Conclusion

The motion to be relieved as counsel is DENIED.