Judge: Deirdre Hill, Case: YC071564, Date: 2023-05-11 Tentative Ruling
Case Number: YC071564 Hearing Date: May 11, 2023 Dept: M
Superior
Court of Southwest
District Torrance
Dept. M |
|||
ATESSA
PROPERTIES CA, LLC, |
Plaintiff, |
Case No.: |
YC071564 |
vs. |
|
[Tentative]
RULING |
|
LUCIE
IDLEMAN, |
Defendant. |
|
|
|
|
|
|
Hearing
Date: May 11, 2023
Moving Parties: Attorney Zachary Skidelsky
of McCready Law Group, counsel for cross-defendant Angela Monique Rosas
Responding Party: None
Motion to Be Relieved
as Counsel
The court considered the moving
papers.
RULING
The motion is GRANTED. The court orders that cross-defendant Angela
Monique Rosas’s attorney be relieved as counsel of record, effective upon the
filing of the proof of service of the signed “Order Granting Attorney’s Motion
to Be Relieved as Counsel – Civil” (Judicial Council form MC-053) upon the
client.
BACKGROUND
On September 8, 2016, Attessa
Properties CA, LLC filed a complaint against Lucie Idleman to quiet title.
On September 14, 2016, Luce Idleman
filed a cross-complaint.
On October 11, 2016, Idleman filed
a FACC.
On April
10, 2017, John Christodoro filed a cross-complaint for resulting trust,
constructive trust, money had and received, declaratory relief, breach of
fiduciary duty, common counts, fraud, negligent misrepresentation, NIED, breach
of contract, and aiding and abetting.
LEGAL STANDARD
The court has discretion to allow
an attorney to withdraw, and such a motion should be granted provided that
there is no prejudice to the client and it does not disrupt the orderly process
of justice. (See Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915; People v. Prince (1968) 268 Cal. App. 2d
398.)
CRC Rule 3.1362 (Motion to Be
Relieved as Counsel) requires (1) notice of motion and motion to be directed to
the client (“and must be made” on the Notice of Motion and Motion to be
Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general
terms and without compromising the confidentiality of the attorney-client
relationship why a motion under Code of Civil Procedure section 284(2) is
brought instead of filing a consent under Code of Civil Procedure section
284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved
as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion
and declaration on all other parties who have appeared in the case; and (4) the
proposed order relieving counsel (prepared on the Order Granting Attorney's
Motion to Be Relieved as Counsel—Civil form (MC-053)).
DISCUSSION
Attorney Zachary Skidelsky, who is
an attorney at the law firm of McCready Law Group, which represents cross-defendant
Angela Monique Rosas, seeks to be relieved as counsel.
Counsel represents that McCready was
not retained for trial. The retainer
agreement between cross-defendant and McCready was for pre-trial representation
only, and cross-defendant did not retain McCready for trial.
The court finds that counsel
submitted a declaration establishing that the service requirements of
California Rules of Court, Rule 3.1362, have been satisfied. The court also finds that counsel has shown
sufficient reasons why the motion to be relieved as counsel should be granted.
The motion is GRANTED.
Moving counsel is ordered to give
notice of this ruling.