Judge: Deirdre Hill, Case: YC071564, Date: 2023-05-11 Tentative Ruling

Case Number: YC071564    Hearing Date: May 11, 2023    Dept: M

Superior Court of California

County of Los Angeles

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.