Judge: Peter A. Hernandez, Case: 21PSCV00363, Date: 2024-05-01 Tentative Ruling

Case Number: 21PSCV00363    Hearing Date: May 1, 2024    Dept: K

The hearing on Counsel for Defendants/Cross-Complainants Librado Lizarraga’s, Andrea Paterno’s and Richard Paterno’s (i.e., Baute Crochetiere Hartley & McCoy LLP) Motion to be Relieved as Counsel is CONTINUED to May 8, 2024 at 9:30 a.m. [see below].

Background[1]  

Plaintiff City of El Monte (“Plaintiff”) alleges as follows:

Defendants Librado Lizarraga (“Lizarraga”), Andrea Paterno (“A. Paterno”), Richard Paterno (“R. Paterno”), Joseph Flores (“Flores”) and Scott Adrian Hammond (“Hammond”) (collectively, “Defendants”) own, inhabit and/or operate the property located at 3015 Durfee Avenue, El Monte, California 91732 (“subject property”). On June 17, 2020, members of the El Monte Police Department (“Police”) executed a search warrant at the subject property. While executing the warrant, the Police observed that the subject property had been converted into a marijuana cultivation facility.

The Police seized numerous items which had been used to cultivate, manufacture, store and/or sell marijuana at the subject property in violation of state and municipal law.

On May 7, 2021, Plaintiff filed a complaint, asserting causes of action against Lizarraga, A. Paterno, R. Paterno, Flores and Hammond (collectively “Defendants”) and Does 1-100 for:

1.                  Narcotics Abatement (Health & Safety Code §§ 11570 et seq.)

2.                  Public Nuisance (Civil Code §§ 3479 et seq.)

3.                  Violation of El Monte Municipal Code (EMMC Chapters 5.18 and Ch. 1.19)

4.                  Violation of Unfair Competition Law (Business & Professions Code §§ 17200 et seq.)

5.                  Violation of MAUCRSA (Business & Professions Code §§ 26000 et seq.)

On March 30, 2022, Lizarraga, A. Paterno and R. Paterno filed a First Amended Cross-Complaint (“FACC”), asserting causes of action against Gerardo Aviles (“Aviles”), Flores, Hammond and Roes 1-50 for:

1.                  Declaratory Relief

2.                  Equitable Indemnity

3.                  Contribution

4.                  Breach of Contract

On March 2, 2023, Plaintiff dismissed Flores, without prejudice.

On March 8, 2024, the court ordered Aviles dismissed from the FACC, pursuant to an oral request by counsel for Lizarraga, A. Paterno and R. Paterno.

A Case Management Conference is set for June 11, 2024.

Discussion

Baute Crochetiere Hartley & McCoy LLP (“Firm”) seeks to be relieved as counsel of record for Lizarraga, A. Paterno and R. Paterno (“Clients”).

The hearing is continued to May 8, 2024 at 9:30 a.m., based upon the notice deficiency identified in the footnote above. Moving counsel is to provide notice of the continued hearing date forthwith.