Judge: Michael Shultz, Case: 21CMCV00150, Date: 2022-07-26 Tentative Ruling

Case Number: 21CMCV00150    Hearing Date: July 26, 2022    Dept: A

21CMCV00150 Villegas, et al v. Ramon Rochel, Talace Corporation

[TENTATIVE] ORDER TAKING OFF CALENDAR THE HEARING ON MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT, TALACE CORPORATION, FOR PROCEDURAL DEFECTS

The First Amended Complaint alleges that Plaintiffs rent residential real property from Defendants pursuant to a written rental agreement. Plaintiffs allege 17 causes of action for habitability-related claims.

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 motion is denied for procedural defects including lack of notice to Talace Corporation and all other parties. While moving party, Thomas Citron, seeks an order permitting withdrawal as counsel for Talace Corporation, the motion was served on co-Defendant, Ramon Rochel. Defendant Rochel is currently represented by Slaughter, Regan & Cole, LLP, pursuant to a substitution of attorney filed on May 2, 2022. Defense counsel did not serve Rochel’s new counsel, Plaintiff’s counsel, or Talace Corporation. The Notice of Motion, Motion, and Supporting Declaration must be served on the client and on all other parties who have appeared in the case. Cal Rules of Court, Rule 3.1362(d). Counsel must also lodge a completed proposed order with the court and serve it on Talace Corporation.  Cal Rules of Court, Rule 3.1362(e).  If counsel can cure these these procedural defects prior to July 26, 2022, the court will reconsider the tentative ruling.  If not, the motion will be taken off calendar.