Judge: Virginia Keeny, Case: 22VECV01396, Date: 2023-03-22 Tentative Ruling

Case Number: 22VECV01396    Hearing Date: March 22, 2023    Dept: W

MARIANELA AREVALO V. LEANA AREVALO, ET AL.

MOTION TO BE RELIEVED AS COUNSEL

Date of Hearing:          March 22, 2023                                              Trial Date:       None set  

Department:               W                                                                     Case No:          22VECV01396

Moving Party:             Patricia Rodriguez, counsel of record for Marianela Arevalo

Responding Party:       None

Notice:                         Proper

FACTUAL BACKGROUND

This is a quiet title action. Plaintiff Marianela Arevalo alleges she has resided at the subject property since the subject property was purchased in March of 2005. Plaintiff claims the subject property was put under her mother’s name, Defendant Leana Arevalo, but Plaintiff would make all payments on the property and take ownership of the property. Although Plaintiff made all mortgage payments on the subject property, Plaintiff alleges Defendant Leana Arevalo, and her brother, Defendant Ervin Arevalo has conspired to sell and evict Plaintiff from the property despite residing and making all payments on the property for 17 years.

On September 21, 2022, Plaintiff filed a complaint against Defendants Leana Arevalo and Ervin Arevalo for quiet title.

TENTATIVE RULING: CONTINUE

Counsel contends Plaintiff and Counsel have encountered a conflict of interest. Numerous attempts by counsel were made to try and resolve this conflict with Plaintiff. However, despite these attempts, there has been no resolution to the conflict of interest, and counsel must now withdraw as attorney of record for Plaintiff.

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. However, Counsel fails to identify how they confirmed Plaintiff’s address is current within the last 30 days. (See MC-052 section 3b.) Further, Section 3a says Client was personally served. However, the proof of service uploaded says mailed. Since it was mailed, counsel needs to confirm section 3b.

The court notes trial has not been set.

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