Judge: Christian R. Gullon, Case: TENTATIVERULING, Date: 2023-08-15 Tentative Ruling

Case Number: TENTATIVERULING    Hearing Date: December 14, 2023    Dept: O

Tentative Ruling

 

Counsel’s Motion to Be Relieved as Counsel Re: Christopher Floyd is GRANTED, effective upon [see below].

 

Background

 

This is a real property case.

 

On April 5, 2023, Plaintiff ANDRADE FINANCIAL, a California corporation, filed suit against Defendants CAMILO ALEXANDER ALBERTO; RAYMUNDO D. VILLA; NBS DEFAULT SERVICES, LLC; MILL CITY MORTGAGE LOAN TRUST 2018- 3; LOS ANGELES COUNTY TREASURER AND TAX COLLECTOR for partition by sale of real property.

 

On May 10, 2023, Defendant Camilo Alexander Alberto filed his answer.

 

On May 26, 2023, default was entered against Raymundo D. Villa.

 

On May 30, 2023, Mill City Mortgage Loan Trust 2018-3 filed its answer.

 

On August 10, 2023, a Stipulation Regarding Lien Priority And Non-Participation Of Mill City Mortgage Loan Trust 2018-3, Wilmington Savings Fund Society, Fsb, As Trustee In This Action was filed.

 

On November 15, 2023, Counsel Ronald Norman filed the instant motion.

 

Discussion

 

Counsel seeks to be relieved as counsel for Defendant Camilo Alberto because the “attorney-client relationship has been severed” such that counsel can no longer effectively represent the client.

 

As (i) Counsel has complied with all California Rules of Court Rule 3.1362 (filed MC-051, 052, and 053 forms), (ii) Counsel appropriately served Plaintiff and Defendants, (iii) no substantive motion is calendar that would warrant immediate representation (suggesting no prejudice), (iv) the action is relatively new, and (v) the defendant/client has not filed an opposition explaining any prejudice by granting the motion, the court grants the motion.

 

Conclusion

 

Based on the foregoing, Counsel’s Motion to Be Relieved as Counsel is GRANTED, effective upon serving this court’s order relieving Counsel sent to Plaintiff, Defendant, and all other parties who have appeared in the case.