Judge: Upinder S. Kalra, Case: 22STCV05665, Date: 2023-05-02 Tentative Ruling

Case Number: 22STCV05665    Hearing Date: May 2, 2023    Dept: 51

Tentative Ruling

Judge Upinder S. Kalra, Department 51

HEARING DATE:   May 2, 2023                                       

CASE NAME:           Raymond Munro v. Victor Marquez

CASE NO.:                22STCV05665

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Counsel for Defendant, Peter Roble

RESPONDING PARTY(S): None as of April 26, 2023.

REQUESTED RELIEF:

1.      An order granting attorney’s Motion to be Relieved as Counsel for Defendant Victor Marquez

TENTATIVE RULING:

1.      Motion to be Relieved as Counsel is GRANTED.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

On February 15, 2023, Plaintiff Raymond Munro (“Plaintiff”) filed a complaint against Defendants Victor Marquez, and All Persons Unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property described in the complaint adverse to Plaintiff’s title, or any cloud on Plaintiff’s title, thereto (“Defendants.”) The complaint alleges four causes of action: (1) Breach of Joint Venture Contract, (2) Breach of Fiduciary Duty, (3) Quiet Title, and (4) Accounting. The complaint alleges that the parties entered into a joint-venture oral agreement to purchase, develop, and sell for profit properties in Los Angeles. Plaintiff alleges that in December 2019, Defendant’s company NRG sold and transferred its 25$ share to Defendant and quit claimed its title to Defendant, which meant Defendant Marquez held 100% title. A year later, Defendant’s wife quit claimed her share of any community property and this restored title to Defendant.

On May 2, 2022, Defendant Victor Marquez filed an Answer.

On February 9, 2023, Defendant’s Counsel, Peter Roble, filed a Motion to be Relieved as Counsel. No opposition has been filed as of April 26, 2023.

LEGAL STANDARD:

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other.   (Code of Civ. Proc., § 284, subd. (b).)  An attorney is permitted to withdraw where conflicts between the attorney and client make it unreasonable to continue the representation.  (See Cal. Rules of Prof. Conduct 3-700(C)(1).)  “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.)   

An application to be relieved as counsel must be made on Judicial Counsel Form MC-051 (Notice of Motion and Motion) (Cal. Rules of Court 3.1362(a)), MC-052 (Declaration) (Cal. Rules of Court 3.1362(c)), and MC-053 (Proposed Order) (Cal. Rules of Court 3.1362(e)).   

Further, the requisite forms must be served on the client and all other parties who have appeared in the case.  (Cal. Rules of Court 3.1362(d).)  The court may delay effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court.  (Cal. Rules of Court 3.1362(e).) 

ANALYSIS:

Defendant’s counsel, Peter Roble, moves to withdraw as counsel of record.

In the Declaration of Support of Attorney’s Motion to be Relieved as Counsel, counsel indicates that there has been a complete breakdown of the attorney-client relationship between counsel and Defendant.

Counsel has provided all the required documents under California Rules of Court Rule 3.1362.

Conclusion:

            For the foregoing reasons, the Court decides the pending motion as follows:

Motion to be Relieved as Counsel is GRANTED effective upon filing proof of service of this order on Defendant.

Moving party is to give notice.

IT IS SO ORDERED.

Dated:             May 2, 2023                __________________________________                                                                                                                Upinder S. Kalra

                                                                                    Judge of the Superior Court