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.