Judge: Virginia Keeny, Case: 22VECV01096, Date: 2023-05-11 Tentative Ruling

Case Number: 22VECV01096    Hearing Date: May 11, 2023    Dept: W

TANNETTE GATES v. warner center condominiums, et al.

MOTION TO BE RELIEVED AS COUNSEL

Date of Hearing:          May 11, 2023                                                 Trial Date:       None set  

Department:               W                                                                     Case No:          22VECV01096

Moving Party:             Vernon Nelson, ADLI Law Group PC, counsel of record for Plaintiff Tannette Gates   

Responding Party:       None

Notice:                         Proper

FACTUAL BACKGROUND

On August 3, 2022, Plaintiff Tannette Gates filed a complaint alleging several causes of action arising out of a kitchen pipe exploding in the unit upstairs and water from the upstairs unit damaging Plaintiffs. On January 27, 2023, Plaintiff filed an amended complaint asserting causses of action for: (1) Breach of CCRs; (2) Enforcement of Equitable Servitudes; (3) Breach of Fiduciary Duty; (4) Nuisance; (5) Negligence; (6) Intentional Infliction of Emotional Distress; (7) Breach of Contract and Implied Covenant of Duty of Good Faith and Fair Dealing; (8) Third-Party Beneficiary Breach of Contract; (9) Professional Negligence and (Negligent Misrepresentation (10) Violation of Business and Professional Code § 17200; (11) Declaratory Relief; and (12) Unjust Enrichment against Warner Center Condominiums, Ross Morgan & Company, Inc. Afsaneh Safaei, Arash Safaei, Hippo Analytics, Inc., and Topa Insurance Company.

TENTATIVE RULING: GRANT

Counsel contends the relationship of trust and confidence essential to the attorney-client relationship has ceased to exist and irreconcilable  differences has arisen between client and attorney making it unreasonably difficult to carry out the employment effectively.

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. Counsel confirmed Plaintiff’s last known address by e-mail.  

Trial is not set. The next hearing is May 11, 2023 for a Case Management Conference.

Accordingly, the Motion to be Relieved as Counsel is GRANTED.