Judge: Christian R. Gullon, Case: 22PSCV00536, Date: 2024-11-12 Tentative Ruling

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Case Number: 22PSCV00536    Hearing Date: November 12, 2024    Dept: O

Tentative Ruling

Plaintiffs’ Counsel Anthony Francisco’s Motion to Be Relieved as Counsel is DENIED without prejudice OR, in the alternative, continued.

Background

This is a fraud case with respect to real property. Plaintiff ORALIA LUNA GAMBOA (“Oralia”) as conservatrix for both the person and the estate of Urbano Luna (“Urbano”) alleges the following against Defendant Pascual Luna (“Pascual”), individually and as trustee of the Pascual Luna Revocable Living Trust Dated September 16, 2016: In 1991, the subject property was transferred to Pascual Luna, an unmarried man, and Urbano Luna, a single man, as joint tenants; Pascual is Urbano’s uncle. In 2003, there was another grant deed recorded stating that the property is granted to Pascual Luna and that "this is a bonafide gift and the grantors received nothing in return." (Complaint ¶4.) In 2016, there was another transfer by a trust transfer deed to THE PASCUAL LUNA REVOCABLE LIVIN TRUST DATED SEPTEMBER 16, 2016, with defendant PASCUAL LUNA as the trustee of this living trust. (¶5.) In 2020, when Plaintiff Oralia was appointed conservatrix of both Urbano and his estate due to his ongoing disability, Oralia and Urbano discovered that the 2003 transfer was void as Pascual forged Urbano’s signature. (¶6.)

On June 6, 2022, the instant action was filed for:

1.     Constructive Fraud by Forgery

2.     Cancellation of Deeds and Reversal of Transfer to Trust;

3.     Abuse of Disabled Person; and

4.     Money Owed

On July 11, 2022, Defendant filed an answer.

On October 18, 2024, the instant motion was filed.

Discussion

Counsel Anthony Francisco seeks to be relieved as counsel for Oralia Luna Gamoba on the ground that “Continued representation is likely to result in a violation of the Rules of Professional Conduct.” (MC-052 form.)

Here, the court cannot determine whether Plaintiff will be prejudiced by granting the motion because no proof of service has been filed indicating whether Plaintiff and Defendant have been served with notice of the motion. This of notable concern as there is an FSC is set for 12/3/24 and a jury trial is set for 12/10/24.

Conclusion

Based on the foregoing, absent adequate notice to any party, the motion is denied without prejudice or, in the alternative, continued to a date TBD.