Judge: Virginia Keeny, Case: 19VECV01307, Date: 2022-09-02 Tentative Ruling

Case Number: 19VECV01307    Hearing Date: September 2, 2022    Dept: W

ELIZABETH HARANDI V. LINDA HOUSE, ET AL.  

MOTION TO BE RELIEVED AS COUNSEL

Date of Hearing:         September 2, 2022                             Trial Date:       November 28, 2022 

Department:               W                                                         Case No.:         19VECV01307

Moving Party:             Kurt Zimmerman, Counsel of record for Defendant Galindo & Fox, a partnership

Responding Party:       None

Notice:                         Proper                                                                 

BACKGROUND

This is a professional malpractice action. Plaintiff alleges that she hired Defendants Linda House, Law Offices of Galindo & Fox, A Professional Corporation, Galindo and Fox, a partnership and Marcia Galindo to represent Plaintiff in a Dissolution of Marriage. Plaintiff alleges that over the course of the representation, Defendants committed a multitude of negligent acts including: failing to file a "Keech Declaration " which caused Plaintiff's motion to be ineligible for attorney's fees, failing to respond as to how to report Plaintiff's income to the court which caused the court to make inaccurate and detrimental decision concerning Plaintiff's finances, failing to inform Plaintiff with required promptness of developments in her case, among many other alleged negligent acts.

Defendant Marcia Galindo passed away on August 1, 2021. Plaintiff discovered that Defendant Jessica Thomas was the Trustee of Defendant Marcia Galindo’s Trust.  On March 28, 2022, Jessica Thomas was substituted in as Defendant as Beneficiary of Defendant Galindo’s Trust, as Successor-in-Interest.

Plaintiff filed a complaint on September 12, 2019, alleging:

1)                  Professional Malpractice

2)                  Breach of Fiduciary Duty

3)                  Breach of Contract

On August 5, 2022, Kurt Zimmerman (“Counsel”) filed the instant motion to be relieved as counsel for Defendant Galindo & Fox, a partnership. Defendant does not oppose. 

[TENTATIVE] RULING: GRANT

DISCUSSION

Counsel seeks to be relieved on the grounds Defendant Marcia Galindo died in 2021. Prior to Galindo’s death, Counsel attests that the partnership which she was associated with, Defendant Galindo & Fox, a partnership, had suspended operations. Counsel attests that he does not represent any estate or potential successors-in-interest to any Defendants. In addition, Counsel attest that he suffers from a medical condition making his continued representation impossible.

Counsel has complied with the requirements of CRC Rule 3.1362 by filing forms MC-051 and MC-052 and lodging with the Court a copy of the proposed order on form MC-053 as to Defendant. Counsel served Defendant by mail at Defendant’s last known address. Counsel also served all other parties who have appeared in the case via mail.

Further, it appears no prejudice will be suffered by Defendant.

Accordingly, the Motion to be Relieved as Counsel for Defendant Galindo & Fox, a partnership is GRANTED.