Palmer vs. Ultimo

(Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.) However, such discretion is to be exercised reasonably. (Ibid.)

In this case, Counsel has complied with the requirements of the California Rules of Court, including serving the client with the motion papers by mail at the client’s last known address and confirming that the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days prior to filing the motion.

Counsel also has declared a justifiable reason to be relieved as counsel — that the client has failed to communicate or cooperate with counsel even though Counsel has made repeated efforts to contact the client.

In addition, there are no substantive hearings on calendar and trial has not been set. Thus, Plaintiff Sebastian Hernandez will have sufficient time to find new counsel and will not be unduly prejudiced in his ability to prepare for and try the case.

In any case, no opposition has been filed setting forth prejudice to Plaintiff Sebastian Hernandez or any other party should the court grant the motion to be relieved as counsel. (See Nazir v. United Airlines, Inc. (2009) 178 Cal.App.4th 243, 288 [failure to address or oppose issue in motion constitutes waiver of that issue].)

Therefore, the court will grant the motion to be relieved as counsel.

Counsel shall give notice of this ruling in the manner ordered by the court.

3 Palmer vs. Ultimo Motion to Set Aside Default

Cross-Defendant Anthony Ultimo’s Motion to Set 30-2025-01483804 Aside Default is taken OFF CALENDAR pursuant to the Request for Dismissal of the Cross-Complaint as to Anthony Ultimo and Roes 1-10 filed June 3, 2026 (ROA #93).