Judge: Thomas Falls, Case: 21PSCV00917, Date: 2022-11-21 Tentative Ruling

Case Number: 21PSCV00917    Hearing Date: November 21, 2022    Dept: R

ROBERT J CABRERA vs JONATHAN ORTEGA, et al.. (21PSCV00917)

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Plaintiff Counsel’s Motion to be Relieved as Counsel

            Responding Party: Unopposed (due 9 court days before hearing)

Tentative Ruling

Plaintiff Counsel’s Motion to be Relieved as Counsel is GRANTED, effective upon filing of the proof of service of this order on all parties who have appeared in the case.

Background

This is a quiet title action. Plaintiff Robert J. Cabrera alleges the following against Defendants JONATHAN ORTEGA and REBECCA Y. ORTEGA: In August 2021, Plaintiff discovered that Defendants trespassed onto his property by pouring a cement slab in the area adjacent to Plaintiff’s garage and which bordered the two properties.

On November 8, 2021, Plaintiff filed suit for:

1.      QUIET TITLE

2.      DECLARATORY RELIEF

3.      TRESPASS

On January 18, 2022, Defendants filed their Answer and a cross-complaint for breach of contract.

On February 22, 2022, Plaintiff filed his answer to the cross-complaint.

On October 11, 2022, Plaintiff’s Counsel filed the instant motion.

Discussion

Plaintiff Counsel’s seeks to be relieved as counsel because she learned that Plaintiff passed away but has not been able to contact any family members about probate proceedings. Having received no information that anyone has been appointed to handle Client's estate, Counsel avers that there has been a breakdown of any attorney-client relationship making withdrawal permissive. (See Estate of Falco (1987) 188 Cal.App.3d 1004, 1014.

Here, as Plaintiff’s counsel has attempted numerous times to contact a family member since July 2022 but has not received a response, the court finds good cause to grant the motion. As for prejudice to Defendants, the court finds none as the case is relatively short-lived with no major substantive motions having been filed or scheduled hearings.

Conclusion

Based on the foregoing, the motion is GRANTED, effective upon filing of the proof of service of this order on all parties who have appeared in the case.