Judge Yolanda Orozco, Case 19STCV36105 2022-09-15 Tentative Ruling

Judge: Yolanda Orozco, Case: 19STCV36105, Date: 2022-09-15 Tentative Ruling

Case Number: 19STCV36105 Hearing Date: September 15, 2022 Dept: 31

MOTION TO BE RELIEVED

AS COUNSEL FOR PLAINTIFFS IS CONTINUED

Background

On October 09, 2019, Plaintiffs Vanessa Gail Ivory and Kenneth Louis Ivor as Trustees of the Kenneth Louis and Vanessa Gail Ivory Revocable Living Trust dated November 17, 2018, filed this instant action against Tammie Harris and Does 1 to 25.

On November 27, 2019, Defendant filed an Answer.

On August 10, 2022, Plaintiffs’ counsel, R. David DiJulio filed this Motion seeking to be relieved as counsel for Plaintiffs.

Legal Standard

An attorney can be changed or substituted at any time before or after judgment or final determination upon request by either the client or attorney and after notice from one to the other. (Code Civ. Proc. (CCP) § 284.) “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 Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (CRC 3.1362, subds. (a), (c), (e).)¿¿¿¿¿¿

In addition, CRC rule 3.1362(d) requires that the Notice of Motion and Motion (MC-051), Declaration (MC-052), and Proposed Order (MC-053) be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. (CRC 3.1362(d).)¿¿

If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:¿¿¿¿¿¿¿

(A) The service address is the current residence or business address of the client; or¿¿¿

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved. (CRC 3.1362(d), subd. (1) & (2).)¿¿¿¿

Discussion

R. David DiJulio of the DiJulio Law Group seeks to be relieved as counsel for Plaintiffs Kenneth Ivory and Vanessa Gail Ivory.

DiJulio asserts that the Plaintiffs’ conduct has rendered it difficult for the firm to continue to represent the Plaintiffs effectively. (MC-052.) Plaintiffs’ actions include insisting on presenting claims not warranted under existing law and that cannot be supported by a good faith argument for an extension, modification, or reversal of existing law. (Id.) Plaintiffs have also stopped responding to counsel’s communications. (Id.) DiJulio also represents that he requested that the Plaintiffs sign a Substitution of Attorney form on July 27, 2022, but there was no response. (Id.)

DiJulio has provided Proof of Service that the Plaintiffs were served at their current address. However, although the Proof of Service lists the correct address, it lists a different attorney for Defendant than the one currently on record. Defense counsel of record is Cynthia Velasco of Gomez and Simone, A Professional Law Corp. DiJulio provided notice to a Mark Gomez of Gomez Law APC. Accordingly, R. David DiJulio of the DiJulio Law Group has not fully complied with California Rules of Court rule 3.1362 because he failed to properly serve Defense counsel.

The Motion is CONTINUED so that proper service can be made on counsel of record for Defendant, and proof of same can be filed with the court.

Conclusion

Based on the foregoing, R. David DiJulio of the DiJulio Law Group Motion to be Relieved as Counsel for Plaintiffs is CONTINUED to October 7, 2022.

Counsel DiJulio to give notice.

The parties are strongly encouraged to attend all scheduled hearings virtually or by audio. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Court’s LACourtConnect technology. The parties are strongly encouraged to use LACourtConnect for all their matters. All masking protocols will be observed at the Courthouse and in the courtrooms.