Judge: Thomas Falls, Case: 23PSCV00519, Date: 2023-05-01 Tentative Ruling

Case Number: 23PSCV00519    Hearing Date: May 1, 2023    Dept: O

Hearing Date:                         Monday, May 1, 2023

RE:                                          MARIA DE GUTIERREZ vs U.S. BANK NATIONAL ASSOCIATION (23PSCV00519)

Plaintiff Counsel Sarah Shapero’s Motion to be Relieved as Counsel

Responding Party: Unopposed

Tentative Ruling

Plaintiff Counsel Sarah Shapero’s Motion to be Relieved as Counsel is GRANTED, effective upon [see below].

Background

This is a foreclosure case.

On February 22, 2023, Plaintiff filed the instant action against US Bank National Association (“Defendant”).

On March 13, 2023, Plaintiff filed a motion for a preliminary injunction.

On April 4, 2023, Plaintiff’s Counsel filed the instant motion.

On April 12, 2023, Plaintiff filed a substitution of attorney, declaring herself as pro per.

On April 19, 2023, Defendant filed its opposition to the preliminary injunction motion.

Discussion

Counsel Shapero moves to be relieved as counsel for Plaintiff due to an “irreconcilable breakdown of the attorney-client relationship such that [Counsel] can no longer represent the client.” (See MC-052 form.)

Though there is an OSC regarding the preliminary injunction set for May 3, 2023, leaving the concerned as the motion requests the court prevent the sale of Plaintiff’s home, there appears to be minimal if any prejudice because Plaintiff herself has consented to the substitution of attorney.[1] Lastly, proper service was provided to Defendant. Therefore, the court finds good cause to grant the motion.

 

 

Conclusion

Based on the foregoing, Plaintiff’s 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.



[1] Counsel’s motion indicates Plaintiff was appropriately served. Moreover, Plaintiff’s substitution of attorney form (MC-050) indicates that both Plaintiff and Counsel Shapero consent to the substitution, based upon their signatures.