Ravi Barton Gangadean, Sr. v. Victoria Ferguson, et al.

(1) MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT VICTORIA FERGUSON

(2) MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT ANDRE MCCLELLAND

(3) MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT VICTORIA FERGUSON AS TRUSTEE OF THE VICTORIA FERGUSON LIVING TRUST

 

MOVING PARTY: Anthony Willoughby and Willoughby & Associates

RESPONDING PARTY(S): None

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff Ravi Barton Gangadean, Sr. alleges he entered into a joint venture with Defendants to renovate Plaintiff’s home and turn it into a homeless shelter. Plaintiff further alleges that Defendants never formed the shelter, and instead, simply took possession of his home.  

Anthony Willoughby and Willoughby & Associates, counsel for Defendants, now moves to be relieved as counsel. The motions are unopposed.

TENTATIVE RULING:

Counsel’s Motion to be Relieved as Counsel for Defendant Andre McClelland is GRANTED.

Counsel’s Motion to be Relieved as Counsel for Defendant Victoria Ferguson, in her individual capacity is GRANTED.

Counsel’s Motion to be Relieved as Counsel for Defendant Victoria Ferguson as Trustee of the Victoria Ferguson Living Trust is GRANTED on the condition that Counsel submit a new Order (MC-053) which indicates that the next hearing will be an OSC re; Striking of Answer on 12/4/24 at 8:30 a.m.  IF DEFENDANT TRUST DOES NOT HAVE A NEW ATTORNEY OF RECORD BY THAT DATE, ITS ANSWER MAY BE STRICKEN.

Moving counsel is ordered to give notice of this ruling, in addition to the Order (MC-053), on all interested parties.

DISCUSSION:

Motions to be Relieved as Counsel

A. Legal Standard

For a motion to be relieved as counsel under CCP section 284, subdivision¿(2), California Rules of Court rule 3.1362 requires (1) a notice of motion and motion directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel – Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under CCP section 284(2) is brought instead of filing a consent under CCP section¿284(1) (made on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel – Civil form (MC-052)); (3) service of the notice of motion and motion, declaration, and proposed order on the client and on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to be Relieved as Counsel – Civil form (MC-053)).¿ (Cal. Rules of Court, rule 3.1362.)¿

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice.  (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

B. Analysis

Counsel filed Civil forms MC-051, MC-052, and MC-053 for each Defendant.  Counsel served the moving papers on the clients by mail on September 17, 2024. (See 09/17/24 Proof of Service.)  Counsel confirmed Defendant Ferguson’s address “by running a background Skip-Trace search which yielded the same address as the one in [counsel’s] client contact list.” (Forms MC-052, ¶ 3(b).) Counsel confirmed Defendant McClelland’s address “by entering his name and California Department of Corrections and Rehabilitation ("CDCR") number into the CDCR website's inmate locator.” (Id.)

Counsel attests that it has not been in contact with Defendants since April 4, 2024, despite various attempts to reach them. (See Forms MC-052, ¶ 2.)  Counsel attests that Defendants’ total failure to communicate with counsel has made “continued representation impossible.” (Id.)

There are no oppositions to the motions. “Good cause” has been adequately demonstrated by Counsel.  In addition, there is no obvious prejudice to Defendants if counsel is relieved at this time.

Accordingly, Counsel’s Motion to be Relieved as Counsel for Defendant Andre McClelland is GRANTED.

Counsel’s Motion to be Relieved as Counsel for Defendant Victoria Ferguson is GRANTED.

Counsel’s Motion to be Relieved as Counsel for Defendant Victoria Ferguson as Trustee of the Victoria Ferguson Living Trust is GRANTED on the condition that Counsel submit a new Order (MC-053) which indicates that the next hearing will be an OSC re; Striking of Answer on 12/4/24 at 8:30 a.m.  IF DEFENDANT TRUST DOES NOT HAVE A NEW ATTORNEY OF RECORD BY THAT DATE, ITS ANSWER MAY BE STRICKEN.

IT IS SO ORDERED.

Dated:   October 31, 2024 ___________________________________