Case Number: KC065470    Hearing Date: July 24, 2014    Dept: J

Re: Leticia Anguiano v. Gabriel Paredes, etc., et al. (KC065470)

MOTION TO BE RELIEVED AS COUNSEL

Moving Party: Omar S. Anorga, Counsel for Defendants Legacy Financial, Inc., Gabriel Paredes, Corissa Hernandez and CP Hernandez Financial Corporation

Respondent: No timely opposition filed

POS: No proof of service accompanies the motion

The Complaint alleges that on or about 10/22/08, Defendants represented to Plaintiff that, in exchange for her loan of $120,000.00, they would concurrently convey to Plaintiff a 4% interest in Legacy Financial, Inc. (“Legacy”) and that they would repay the sums owing to Plaintiff by 10/22/12; but that Defendants had no intention of conveying any interest in Legacy and had no intention of repaying the amount due. The Complaint, filed on 1/22/13, asserts causes of action for:

1. Breach of Written Promissory Note
2. Money Had and Received
3. Breach of Written Contract
4. Breach of Implied Covenant of Good Faith and Fair Dealing
5. Fraud
6. Civil Conspiracy
7. Intentional Infliction of Emotional Distress
8. Conversion
9. Imposition of Constructive Trust
10. Accounting
On 4/25/13, Defendant Legacy filed a Cross-Complaint against Plaintiff for:

1. Breach of Assignment Agreement
2. Breach of Agent Agreement
3. Intentional Interference with Contractual Relations
4. Trade Libel
5. Trade Secrets Misappropriation

FSC is set for 8/29/14. Trial is set for 9/9/14.

Omar S. Anorga, counsel for Defendants Legacy Financial, Inc., Gabriel Paredes, Corissa Hernandez and CP Hernandez Financial Corporation, moves to be relieved as counsel of record.

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 fails to comply with the requirements of CRC 3.1362. Counsel represents that he has served the clients at their last known address and has confirmed within the past 30 days that the address is current by text message. Counsel also represents that he makes this motion because the clients have refused to sign consent permitting him from substituting out of this matter.

However, Counsel fails to demonstrate that the clients and all other parties who have appeared in this case have been properly served with the moving papers. Counsel also fails to give adequate information to support the relief sought, i.e., Counsel fails to explain why he is unable to continue representing the clients. Thus, the motion is denied.