Judge: Lee W. Tsao, Case: 21NWCV00211, Date: 2023-03-02 Tentative Ruling

Case Number: 21NWCV00211    Hearing Date: March 2, 2023    Dept: C

Anaya v. Moreno 21NWCV00211

Defendant/Cross-Complainants LUIS ENRIQUE MORENO and LISA MORENO's ("Moving Parties") Ex Parte Application for Order Substituting as Defendant and Cross-Complainants' Attorney is GRANTED. The purposes of CCP 284 allow the Court to recognize and order a change in counsel under certain conditions without a formal written substitution of attorney. However, the request for an Order requiring Moving Parties' former attorney (Raul B. Garcia) to turnover the Moving Parties' client file is DENIED. The Moving parties provide no statutory basis for this request. While any refusal to furnish the files could result in discipline against Mr. Garcia under Cal. Rules of Prof. Conduct, rule 1.16(e)(1), there is no authority for an Order form this Court to compel Garcia to produce the files. (See Rosenthal v. State Bar (1987) 43 Cal. 6d 612, 622.) Moving Party to give notice.