Judge: Stephen P. Pfahler, Case: 22CHCV01316, Date: 2023-04-26 Tentative Ruling

Case Number: 22CHCV01316    Hearing Date: April 26, 2023    Dept: F49

MOTION TO BE RELIEVED AS COUNSEL

MOVING ATTORNEY: James Alderson

CLIENT: Plaintiff, James Foy

RELIEF REQUESTED:

Motion to Be Relieved as Counsel

SUMMARY OF ACTION

Plaintiff James Foy represents ownership of 15703 Sierra Hwy, Canyon Country. According to Plaintiff, a purported foreclosure and trustee sale occurred without any notice provided to Plaintiff. On December 6, 2022, Plaintiff filed a complaint Declaratory Relief, Quiet Title, Slander to Title, Cancellation of Document, and Unjust Enrichment. On March 7, 2023, Plaintiff filed a first amended complaint for Declaratory Relief, Quiet Title, Slander to Title, Cancellation of Document, and Unjust Enrichment. Notwithstanding the amended complaint, on March 9, 2023, the court sustained the demurrer to the complaint without leave to amen as to the unjust enrichment claim, and with leave to amend as to the remainder. Plaintiff also filed a notice of lis pendens on March 8, 2023, showing the recording of the lis pendens on March 7, 2023.

RULING: Granted.

Counsel for Plaintiff James Foy moves to be relieved as counsel of record for due to a breakdown of communication, and the refusal of Plaintiff to execute a substitution of attorney.

The motion complies with all procedural requirements. The motion is granted.

Order not effective until service on the client.

Demurrer to the First Amended Complaint and Case Management Conference set for June 14 and July 18, 2023, respectively.

Moving Counsel to provide notice.