Case Number: BC519693 Hearing Date: June 16, 2016 Dept: J

Re: Amedde Garispe, et al. v. Mervyn Feuer, et al. (BC519693)

MOTION TO BE RELIEVED AS COUNSEL

Moving Party: Jance M. Weberman, counsel for Plaintiffs

Respondent: No timely opposition filed

POS: Moving OK

In this personal injury action, Plaintiffs (tenants) allege that Defendants (landlord) failed to follow the recommendation of a professional plumber to repair an old and worn-out water pipe, and that as a result, the pipe burst, destroying most of Plaintiffs’ personal belonging and causing personal injury in the form of emotional distress. Based on these allegations, Plaintiffs commenced this action on 8/27/13, asserting causes of action for:

1. General Negligence
2. Premises Liability

On 5/11/15, the court granted Plaintiffs’ motion for leave to file their Second Amended Complaint (“SAC”). The SAC asserts causes of action for:

1. Property Damage
2. Personal Injury
3. General Negligence
4. Violation of CC § 1940.2
5. Violation of CC §1942.5
6. Violation of CC § 1954(a)(2)
7. Intentional Infliction of Emotional Distress
8. Negligent Infliction of Emotional Distress
9. Breach of Implied Covenant of Quiet Enjoyment
10. Breach of Implied Covenant of Habitability
11. Constructive Eviction under CC § 789.3
12. Violation of Bus & Prof C § 17200 et seq.

On 3/10/14, Defendant Mark Anderson & Associates, Realtors, Inc. filed a Cross-Complaint against Roes 1-50, for:

1. Implied Indemnity
2. Contribution and Indemnity
3. Declaratory Relief
4. Negligence
5. Express Indemnity

On 8/26/14, this case was transferred from the personal injury hub court and reassigned to this court.

On 2/23/16, the parties appeared for jury trial, but were ordered to further meet and confer re trial documents, and return for trial on 2/26/16. On 2/26/16, the parties appeared, and were ordered to return on 3/1/16 for the commencement of trial proceedings.

On 3/1/16, the parties filed a Stipulation for Settlement Discussions. The parties stipulated to have Judge Oldendorf oversee the settlement. On 3/2/16, the settlement discussions resumed, but the case was not resolved. Moreover, counsel represented to the court that Plaintiffs expressed a desire to retain new counsel. Pursuant to direction from Department 1, the trial was ordered vacated and returned to Department 1.

On 3/3/16, the case was transferred back to this department. On 5/5/16, a status conference was held and continued. A status conference is presently set for 7/8/16.

Jance M. Weberman, counsel for Plaintiffs Amedee Garispe, Marcela Garispe, Tristan Garispe and Oliver Garispe (collectively “Plaintiffs”), now moves to be relieved as counsel.

A notice of motion and motion to be relieved as counsel under CCP 284(2) shall be directed to the client and shall be made on the Notice of Motion and Motion to Be Relieved as Counsel– Civil form (MC-051). (CRC 3.1362(a).) The motion to be relieved as counsel shall be accompanied by a declaration on the Declaration in Support of Attorney’s Motion to Be Relieved as Counsel–Civil form (MC-052). The declaration shall state in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under CCP 284(2) is brought instead of filing a consent under CCP 284(1). (CRC 3.1362(c).)

The notice of motion and motion and the declaration shall be served on the client and on all other parties who have appeared in the case. The notice may be by personal service or mail. If the notice is served on the client by mail under code of civil procedure section 1013, it shall be accompanied by a declaration stating facts showing that either (1) the service address is the current residence or business address of the client or (2) 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 prior to the filing of the motion to be relieved. “Current” means that the address was confirmed within 30 days prior to the filing of the motion to be relieved. Merely demonstrating that the notice was sent to the client’s last known address and was not returned will not, by itself, be sufficient to demonstrate that the address is current. If the service is by mail, Code of Civil Procedure section 1011(b) shall apply. (CRC 3.1362(d).)

The proposed order relieving counsel shall be prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel–Civil form (MC-053) and shall be lodged with the court and served on the client with the moving papers. The order shall specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. If no hearing date is presently scheduled, the court may set one and specify the date in the order. After the order is signed, a copy of the signed order shall be served on the client and on all parties that have appeared in the case. The court may delay the effective date of the order relieving counsel until proof of service of a copy of the signed order on the client has been filed with the court. (CRC 3.1362(e).)

The moving counsel has substantially complied with the requirements of CRC 3.1362. Counsel served the clients by mail at the clients’ last known addresses with copies of the motion papers and has confirmed within the past 30 days that the address is current by email and “personal service.” Counsel represents that at the settlement conference, Plaintiffs stated that they were terminating their attorney of record and did not want to participate in a settlement. The motion is unopposed. Thus, the motion is granted.