Judge: Stephen P. Pfahler, Case: 22STCV02688, Date: 2024-05-14 Tentative Ruling

Case Number: 22STCV02688    Hearing Date: May 14, 2024    Dept: 68

Dept. 68

Date: 5-14-24

Case # 22STCV02688

Trial Date: Not Set

RELIEVED AS COUNSEL

MOVING ATTORNEY: Ronald G. Rosenberg

CLIENT: Plaintiff, Kelechi Abanobi

RELIEF REQUESTED

Motion to Be Relieved as Counsel of Record for Plaintiff

SUMMARY OF ACTION

On October 28, 2019, Plaintiff Kelechi Abanobi loaned Defendant Glen Quilter $15,000 pursuant to a written promissory note. The amount was to be repaid no later than December 30, 2020. Defendant purportedly paid $1,500 and defaulted on the remaining balance.

On January 24, 2022, Plaintiff filed a complaint for 1. Breach Of Written Promissory Note; 2. Money Lent; 3. Intentional Misrepresentation; 4. Negligent Misrepresentation; 5. Declaratory Relief. The complaint also includes a second fifth cause of action for judicial foreclosure indicating a secured interest against a non-named defendant. On March 3, 2022, the clerk entered defaults against Glen Quilter; Financial Investor Group LLC; Secure Deals 1 LLC. On march 115, 2022, the clerk entered a default against Jaaron Quilter.

On June 29, 2022, the court granted the order setting aside the defaults against Glen and Jaaron Quilter. On July 14, 2022, and August 31, 2022, Glen and Jaaron Quilter, both in pro per, filed General Denials.

RULING: Granted.

Counsel for Defendant The Ghaoui Group moves to be relieved as counsel of record, due to a lack of communication with the client.

“The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) The court accepts the the lack of communication with the client thereby imipacting the attorney relationship. The will meet counsel in chambers, if requested. (Bus. & Prof. Code, § 6068, subd. (e); Manfredi & Levine v. Superior Court, supra, 66 Cal.App.4th at p. 1133; Aceves v. Superior Court (1996) 51 Cal.App.4th 584, 590- 593.) The motion otherwise complies with all procedural requirements. The motion is therefore granted.

Order not effective until service on the client.

OSC re: Default Judgment set for July 9, 2024.

Moving attorney to provide notice.