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relationship such that [Counsel] can no longer represent the client.”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.