Case Number: KC069789 Hearing Date: June 25, 2018 Dept: J

Re: Flor Portillo v. U.S Bank National Association , et al. (KC069789)

MOTION TO BE RELIEVED AS COUNSEL

Moving Party: Vartkes Artinian and JT Legal Group, APC, counsel for plaintiff

Respondent: No timely opposition filed (due 6/12/18)

POS: Moving OK

This is an alleged wrongful foreclosure action involving plaintiff’s residential property located at 3028 E. Larkwood Street in West Covina. The complaint, filed 11/13/17, asserts causes of action against Defendants U.S. Bank National Association, Clear Recon Corp. (“CRC”) and Does 1-20 for:

Violation of Cal. Civil Code § 2923.55
Violation of Cal. Civil Code § 2923.7
Violation of Cal. Civil Code § 2923.17
Unfair Competition Law

On 12/20/17, CRC filed a “Declaration of Non-Monetary Status.” The Final Status Conference is set for 2/1/19. A jury trial is set for 2/5/19.

Vartkes Artinian (“Artinian”) of JT Legal Group, APC seeks to be relieved as counsel of record for Plaintiff Flor Portillo (“client”).

“A notice of motion and motion to be relieved as counsel under Code of Civil Procedure section 284(2) must be directed to the client and must be made on the Notice of Motion and Motion to Be Relieved as Counsel–Civil (form MC-051).” California Rules of Court (“CRC”) Rule 3.1362(a). “Notwithstanding any other rule of court, no memorandum is required to be filed or served with a motion to be relieved as counsel.” CRC Rule 3.1362(b). “The motion to be relieved as counsel must 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 must state in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1).” CRC Rule 3.1362(c).

“The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service, electronic service, or mail. (1) If the notice is served on the client by mail under Code of Civil Procedure section 1013, 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. (2) If the notice is served on the client by electronic service under Code of Civil Procedure section 1010.6 and rule 2.251, it must be accompanied by a declaration stating that the electronic service address is the client’s current electronic service address.

As used in this rule, ‘current’ means that the address was confirmed within 30 days before 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 or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current. If the service is by mail, Code of Civil Procedure section 1011(b) applies.” CRC Rule 3.1362(d).

“The proposed order relieving counsel must be prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel–Civil (form MC-053) and must be lodged with the court with the moving papers. The order must 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 must 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 Rule 3.1362(e).

Artinian represents that “[t]he attorney-client relationship has been compromised. Without breaching attorney-client privileged, the client has not been able to maintain her duties under the attorney client retainer agreement. Additionally, client has been completely unresponsive to JT Legal Group, APC’s attempts to communicate with her via email, regular mail and phone call. Due to the reasons previously listed, JT Legal Group, APC cannot effectively represent the client moving forward, which necessitates the need for Counsel to be relieved as Plaintiff’s attorney. A Substitution of Attorney is not being used because the client has been completely unresponsive to JT Legal Group, APC’s attempts to communicate with her.”

Artinian represents that he has served the client by mail at her last known address with copies of the motion papers served with this declaration. He claims that he has been unable to confirm that the address is current or to locate a more current address for the client after mailing the motion papers to her last known address, return receipt requested, calling her last known telephone number(s), and trying to contact her via email and regular mail.

The court determines that the requirements of Rules of Court Rule 3.1362 enumerated above have been sufficiently met.

The motion, then, is granted, effective upon the filing of the proof of service showing service of the signed order upon the client, return receipt requested.