Judge: Michael Shultz, Case: 21CMCV00049, Date: 2022-09-15 Tentative Ruling

Case Number: 21CMCV00049    Hearing Date: September 15, 2022    Dept: A

21CMCV00049 Lucina Ramirez and Gil Lara v. Juan Lara and Arcadia Lara

[TENTATIVE] ORDER GRANTING TWO MOTIONS TO BE RELIEVED AS COUNSEL FOR DEFENDANTS, JUAN LARA AND ARCADIA LARA

 This is an action for partition by sale of real property held by Plaintiff Lucia Ramirez and Defendant, Juan Lara as joint tenants with tenants-in-possession, Juan Lara and Arcadia Lara. Defendants allegedly refuse to buy out Plaintiffs’ interest. Omar S. Anorga, counsel for both Defendants, seeks an order to be relieved as counsel pursuant to two separate motions filed on August 17, 2022.

An attorney in an action may be changed at any time with consent of both client and attorney or by order of the court, “upon the application of either client or attorney, after notice from one to the other.” Code Civ. Proc., § 284. The court has considered the declaration of Mr. Anorga, who attests that a breakdown of the attorney-client relationship makes withdrawal necessary as counsel for both Defendants.

Defendants’ counsel has served Plaintiffs’ counsel with the motion as well as both Defendants by mail at an address confirmed within the last 30 days.  Counsel has complied with the requirements of California Rules of Court, Rule 3.1362 and has submitted a proposed order. Accordingly, the motions are GRANTED.