Judge: Michael Shultz, Case: 22CMCV00137, Date: 2022-09-27 Tentative Ruling

Case Number: 22CMCV00137    Hearing Date: September 27, 2022    Dept: A

22CMCV00137 Crescenciano Velasco, et al v. Patricia Chavez

Tuesday, September 27, 2022 at 8:30 a.m.

[TENTATIVE] ORDER CONTINUING THE HEARING ON TWO MOTIONS TO BE RELIEVED AS COUNSEL FOR PLAINTIFFS

Plaintiffs filed this action alleging that Defendants failed to remedy substandard living conditions at Plaintiffs’ rental dwelling unit owned by Defendants. Plaintiffs allege four related claims arising from the breach of the warranty of habitability.

The court’s docket reflects that four Motions to be Relieved as Counsel for Plaintiffs are set for hearing. However, the complaint reflects that there are only two plaintiffs in this action. Plaintiffs’ counsel initially filed two motions to be relieved as counsel both of which were taken off calendar for failure to appear on August 5, 2021. Plaintiffs' counsel refiled the motions, however, on May 24, 2022, the identical motions were taken off calendar for defective notice to the Plaintiffs. Plaintiffs' counsel again refiled the motions.

At the Trial Setting Conference held on May 27, 2022, the court continued the two pending motions to be relieved as counsel for Plaintiffs to September 27, 2022. Defense counsel was ordered to give notice. See M.O. 5/27/22. Defendants served and filed notice on May 31, 2022, however, the notice does not state that the motions were continued to September 27, 2022.

Given the defective notice to Plaintiffs, the motions are continued to October 28, 2022,   at 8:30 a.m. in Department A.  Counsel is ordered to provide proper notice to Plaintiffs for the next date.