Judge: Lynne M. Hobbs, Case: 21STCV02257, Date: 2025-01-10 Tentative Ruling

Case Number: 21STCV02257    Hearing Date: January 10, 2025    Dept: 61

ROSA G. MORENO GUTIERREZ, et al. vs LINDER & ASSOCIATION REAL ESTATE SERVICES UNLIMITED, et al.

Tentative Ruling:

Cal. Code of Civ. Proc. (“CCP”) section 284 states that “[t]he attorney in an action or special proceeding may be changed at any time before or after judgment or final determination” upon either consent of both client and attorney, or upon the order of the court under application of either the client of the attorney, after notice from one to the other. Cal. Rule of Court 3.1362 states the requirements for a motion to be relieved as counsel under CCP section 284. No memorandum is required, but the motion must be accompanied by (1) a declaration stating why a motion has been brought instead of filing a consent (without compromising attorney-client confidentiality), (2) proof of service of the motion, and (3) all hearing dates scheduled in the action or proceeding, including the date of trial, if know. Additionally, “[t]he proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (form MC-053) and must be lodged with the court with the moving papers.”

The present motion pertains to Corine Zygelman, Todd G. Lezon, and Diana R. Torres-Brito of the firm Murchison & Cumming, LLC, counsel for Defendant Mary Corey. The motion includes a declaration of Diana Torres stating that there has been a breakdown in the attorney-client relationship. The motion includes a proposed order with scheduled hearing dates listed. Trial in this matter is scheduled for July 22, 2025, and prejudice is unlikely to result from the order sought.

Corine Zygelman, Todd G. Lezon, and Diana R. Torres-Brito and Murchison & Cumming, LLC’s Motion to be Relieved as Counsel for Defendant Mary Corey is GRANTED, effective upon moving counsel filing with the court proof of service of a copy of the signed order on the client, as set forth in Cal. Rules of Court Rule 3.1362(e).

Moving Counsel to give notice.