Judge: Stephen P. Pfahler, Case: 20CHCV00743, Date: 2023-05-10 Tentative Ruling
Case Number: 20CHCV00743 Hearing Date: October 24, 2023 Dept: F49
Dept. F-49
Date: 10-24-23 a/f 1-16-24 (8-29-23 ex parte order)
Case # 20CHCV00743
Trial Date: 12-4-23 c/f 10-23-23 c/f 7-25-22 c/f 1-10-22
RELIEVED AS COUNSEL
MOVING
ATTORNEY: Kirk Pearson
CLIENT:
Plaintiff, Anthony Ogden
RELIEF REQUESTED
Motion to Be Relieved as Counsel
of Record
SUMMARY OF ACTION
Plaintiff Anthony Ogden owns certain real property in a
planned community identified as Bella Vista in Porter Ranch. Plaintiff alleges
that adjoining homeowners/possessors of land/neighbors continually allow their
dogs to micturate and defecate on his premises, even after multiple requests to
cease this activity, which has led to confrontations.
On November 24 and 25, 2020, Plaintiff, pro se, filed a verified
complaint and verified first amended complaint for Trespass to Land and
Nuisance. Defendants Stephen Isenberg, Shauna Israel, Jennifer Price, Ryan
Makhani and Sara Delpasand answered on December 28, 2020, then filed a verified
answer on February 4, 2021. On February 26, 2021, Plaintiff dismissed Gary
Tarpinian.
On May 19, 2021, the court granted the motion to strike
punitive damages without prejudice. No amended pleading was filed.
On July
1, 2021, Plaintiff filed a notice of settlement with Jennifer Press. A request
for dismissal of Press was filed on July 16, 2021. On September 1, 2021, the
court granted Plaintiff’s motion for relief from waiver of discovery
objections. On January 11, 2022, the court granted Plaintiff leave to amend to
file a second amended complaint for Trespass to Land, Nuisance, and Breach
of Covenants Codes And Restrictions (CC&Rs). A verified second amended
complaint was filed on January 21, 2022.
On April 12,
2022, the court overruled the demurrer to the second amended complaint, granted
the motion to strike punitive damages with prejudice, and denied the motion to
strike the claim for injunctive relief. Defendants answered the complaint on
April 22, 2022.
RULING: Granted.
Counsel for plaintiff Anthony Ogden moves to be relieved as
counsel of record, due to a breakdown of the attorney client relationship.
The unopposed motion is granted.
Order not effective until
service on the client.
Trial remains set for December 4,
2023.
Moving
counsel to provide notice.