Judge: Cherol J. Nellon, Case: 24STCV33389, Date: 2025-03-13 Tentative Ruling

Case Number: 24STCV33389    Hearing Date: March 13, 2025    Dept: 14

#5

Case Background

This is an action for breach of contract, breach of implied covenant of good faith and fair dealing, breach of fiduciary duty, unfair business practices, violation of the California Predatory Lending Act, fraud, and violation of the Federal Truth in Lending Act. Plaintiff alleges that when he asked Defendant Briggs for help buying a home, Briggs secured a much higher interest rate than Plaintiff was promised and agreed to other terms during the purchase that were not in his best interests. The loan was thereafter transferred to a different servicing company. Plaintiff alleges Defendants conspired to take advantage of him to force him into foreclosure.

On December 17, 2024, Plaintiff Antwan Smalls filed his Complaint against Defendants Fay Servicing LLC, Fay Financial Services, LLC, Prodigious Capital Group, Inc., Mel Briggs, Flexpoint, Inc., and Prestige Default Services, LLC.

On January 31, 2025, Plaintiff’s Counsel filed this motion to be relieved as counsel.

Instant Pleading

Ralph Harrison, Counsel for Plaintiff Antwan Smalls, moves to be relieved as counsel.

Decision

The motion to be relieved as counsel filed by Counsel Ralph Harrison will be granted once Counsel submits a completed form MC-053, effective upon the filing of the proof of service of the signed order upon the client.

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 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 represents that Plaintiff has not paid his fees.

Counsel complied with the requirements of Rule 3.1362, and relief is appropriate under the circumstances of this case. However, form MC-053 is blank. The motion will be granted once Counsel submits a completed form MC-053, effective upon the filing of the proof of service of the signed order upon the client.

Conclusion

The motion to be relieved as counsel filed by Ralph Harrison will be granted once Counsel submits a completed form MC-053, effective upon the filing of the proof of service of the signed order upon the client.