Judge: Thomas Falls, Case: 21PSCV00766, Date: 2022-08-24 Tentative Ruling

Case Number: 21PSCV00766    Hearing Date: August 24, 2022    Dept: R

Defense Counsel Spitz’s MOTION TO BE RELIEVED AS COUNSEL

            Responding Party: Unopposed

Tentative Ruling

Defense Counsel Spitz’s MOTION TO BE RELIEVED AS COUNSEL is MOOT.   

Background

This case arises from an unlawful detainer action.

On or about March 18, 2019 Plaintiff Dalbey Properties LP (“Plaintiff”) and Ella Mae Boykin (“Defendant”) entered into a commercial lease agreement for the term of five (5) years (to expire on March 18, 2024) wherein Defendant would pay Plaintiff $8,404.80 every month. On September 1, 2021, Plaintiff was in the breach of the agreement. On September 13, 2021 Plaintiff provided 3-day notice to pay rent or quit but Defendant failed to comply with the requirements of the notice.

On September 17, 2021, Plaintiff filed an Unlawful Detainer Action against Defendant for unpaid rent in the amount of $40,670.48, reasonable attorney fees, and forfeiture of the agreement.

On October 29, 2021, Defendant filed its Answer asserting nine affirmative defenses, notably the Los Angeles County Eviction Moratorium.

On January 11, 2022, the court denied Plaintiff’s motion for summary judgment.

On July 21, 2022, Defense Counsel filed this instant motion to be relieved as counsel.

On August 12, 2022, Defendant filed a Substitution of Attorney.

Discussion

Though Defense Counsel Spitz explained that Defendant would not respond to previous request(s) to file a Substitution of Attorney, hence his need to file the instant motion, the court docket reflects that after filing of the instant motion, Defendant did indeed consent to a substitution of attorney.[1] Therefore, Defense Counsel Spitz is no longer counsel on this action.