Case Number: KC068763 Hearing Date: May 31, 2018 Dept: J

Re: Recardo R. Briseno, etc., et al. v. Richard C. Briseno, et al. (KC068763)

MOTION TO BE RELIEVED AS COUNSEL

Moving Party: Tiffany N. Trevillion, Counsel for Defendants Richard Briseno and Lorena Garcia

Respondent: No timely opposition filed (due 5/17/18)

POS: Moving OK

Plaintiffs seek to partition the real property located at 2118 Pattiglen Avenue in La Verne. The complaint, filed 9/26/16, asserts causes of action against Defendants Richard C. Briseno, Lorena Garcia, All Other Persons Unknown Claiming Any Right, Title or Interest in the Real Property Described in the Complaint Adverse to Plaintiffs’ Ownership or Any Cloud Upon Plaintiffs’ Title Thereto and Does 1-100 for: Partition of Real Property

On 10/3/17, a court trial was held. On 2/7/18, the Interlocutory Judgment for Partition of Real Property was filed. On 2/16/18, plaintiffs filed their “Notice of Entry of Interlocutory Judgment for Partition of Real Property.”

A Trial Setting Conference and Status Conference re: Sale of Property is set for 6/27/18.

Tiffany N. Travillion, Esq. (“Travillion”) of Travillion Law Group, APC, now seeks to be relieved as counsel of record for Defendants Richard Briseno and Lorena Garcia (collectively, “clients”).

“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).” Rules of Court 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.” Rules of Court 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).” Rules of Court 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 or mail. 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: (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 before the filing of the motion to be relieved. 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 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.” Rules of Court 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.” Rules of Court Rule 3.1362(e).

Travillion represents that “1. Clients have failed to respond to requests for information in a timely manner. Clients have also been unresponsive to communication requests for several weeks. 2. Clients have breached the attorney-client agreement by failing to comply with the terms. Due to the confidential nature of the breach, should the court require additional information I request that it be submitted for in camera review only. 3. In light of the Clients failure to communicate and breach of attorney-client agreement, a conflict exists making it impossible to continue with representation.”

Travillion further represents that she has served the clients by mail at their last known address with copies of the motion papers served with this declaration and that she has confirmed, within the past 30 days, that the address is current, via email correspondence.

All requirements of Rules of Court Rule 3.1362 enumerated above have been met. The motion, then, is granted, effective upon the filing of the proof of service showing service of the signed order upon the clients.