Judge: Cherol J. Nellon, Case: 24STCV4607, Date: 2025-01-30 Tentative Ruling

Case Number: 24STCV4607    Hearing Date: January 30, 2025    Dept: 14

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Case Background

This is an action for breach of contract, fraud, specific performance, quiet title, equitable estoppel, detrimental reliance, declaratory relief, and constructive trust. Plaintiffs allege that Defendant orally agreed to purchase a property located at 308 W. Fernfield Dr., Monterey Park, CA 91754 on their behalf. Plaintiff would pay the down payment and make mortgage payments for 30 years. After paying off the mortgage, Defendant was to transfer title of the subject property to Plaintiffs.

On February 23, 2024, Plaintiffs Vicente and Alejandra Velazquez filed their Complaint against Jose Alberto Velazquez.

On December 18, 2024, Russel James Thomulka, Counsel for Defendant, filed this motion to be relieved as counsel.

Instant Pleading

Counsel for Plaintiffs, Russel J. Thomulka, moves to be relieved as counsel for Defendant Jose Alberto Velazquez

Decision

The motion to be relieved as counsel filed by Counsel Russel J. Thomulka is GRANTED 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 Defendant at his last known address which he confirmed was current via telephone, at least 30 days before the hearing on this matter. Counsel alleges that he has been unable to communicate with Defendant and that Defendant is no longer cooperating with him.

Counsel complied with the requirements of Rule 3.1362, and relief is appropriate under the circumstances of this case. The motion is GRANTED, 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 Counsel Russel J. Thomulka is GRANTED effective upon the filing of the proof of service of the signed order upon the client.