Plaintiff's Counsel's Motion to be Relieved
payments, minimum payment due that billing period, and any fees and interest incurred for each billing period. (UMF Nos. 8, 22.) Moreover, there is no record of any unresolved disputes on the account. (UMF Nos. 9, 23.) There is no record of any active lawsuits against Wells Fargo Bank, N.A. for unresolved disputes on this credit card account. (UMF Nos. 10, 24.) Defendant's last payment on the Subject Account was on October 4, 2024. (UMF Nos. 11, 25.) Thereafter, no further payments were made by the Defendant, and therefore, pursuant to the terms of the Customer Agreement, Defendant was in default. (UMF Nos. 12, 26.) The balance due on Defendant's Subject Account is $14,167.47. (UMF Nos. 13, 27.) As a result of Defendant's unpaid balance, Plaintiff has been damaged in the sum of $14,167.47. (UMF Nos. 14, 28.) No opposition has been filed.
Authority and Analysis
A plaintiff moving for summary judgment must make a prima facie showing that there are no triable issues of fact to meet its initial burden of production. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.App.4th 826, 861.) "[A] [plaintiff] moving for summary judgment [must] present evidence, and not simply point out that the [plaintiff] does not possess, and cannot reasonably obtain, needed evidence." Aguilar, at 854, fn. omitted. Circumstantial evidence to support a plaintiff's summary judgment motion "can consist of factually devoid discovery responses from which an absence of evidence can be inferred," but the burden should not shift without stringent review of the direct, circumstantial, and inferential evidence." (Scheiding v.
Dinwiddle Construction Co. (1999) 69 Cal.App.4th 64, 83.) Once the plaintiff has met its burden, the burden shifts to the defendant to make a prima facie showing that a triable issue of material fact exists. (Aguilar, supra, 25 Cal.App.4th at 850.) "A prima facie showing is one that is sufficient to support the position of the party in question. [citation] No more is called for." (Id. at 851.) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material facts and that the moving party is entitled to a judgment as a matter of law. (Code Civ.
Proc. 437c(c).)
From a review of the undisputed material facts supplied in Plaintiff's separate statement of undisputed material facts and the evidence that offered in support of these material facts that plaintiff supplied in this response, the Court finds that Plaintiff has met its burden to that no triable issues of fact exist. To establish a claim for breach of contract, Plaintiff must establish: (1) the existence of the contract, (2) Plaintiffs' performance or excuse for nonperformance, (3) defendants' breach, and (4) the resulting damage to Plaintiff." (Oasis West Realty, LLC v.
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Goldman (2011) 51 Cal.4th 811, 821.) "A cause of action for breach of implied contract has the same elements as does a cause of action for breach of contract, except that the promise is not expressed in words but is implied from the promisor's conduct." (Yari v. Producers Guild of America, Inc. (2008) 161 Cal.App.4th 172, 182.) Here, the first elements are met by Nos. 1, 2, and 3. The second elements met by Nos. 4, 6, 7, 8, 9 and 10. The third elements are met by Nos. 11, 12 and 13. The fourth elements are met by Nos. 13 and 14.
The Court notes further that Plaintiff seeks costs of $920 consisting of motion and filing fees as well as service costs, as reflected on the filed memorandum of costs. Therefore, the Court grants the motion and will enter judgment as requested. If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order. Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter if they want a transcript of the proceedings.
Re: Tennat, Susan vs. Brazil, Reese Antony
Case No.: VCU326510 Date: July 13, 2026 Time: 8:30 A.M. Dept. 9-The Honorable Nathan D. Ide Motion: Plaintiff's Counsel's Motion to be Relieved Tentative Ruling: To deny the motion without prejudice.
Facts
On March 17, 2026, Plaintiff's Counsel Valentina Mnatsakanyan filed a motion to be relieved as counsel as to Plaintiff Susan Tennat. Plaintiff's Counsel filed the following with respect to withdrawing: (1) MC-051 - Notice of Motion and Motion to be Relieved as Counsel; (2) MC-052 - Declaration in Support of Attorney's Motion to Be Relieved as Counsel; and (3) MC-053 - Order Granting Attorney's Motion to Be Relieved as Counsel Additionally, Plaintiff's Counsel has filed proofs of service of these documents by mail.
Authority and Analysis
Code of Civil Procedure section 284 provides that "[t]he attorney in an action or special proceeding may be changed at any time before or after judgment of final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes; [or] 2. Upon the order of the court, upon the application of either client or attorney, after notice from one to the other." California Rule of Court 3.1362(a) requires that the "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)." As noted above, counsel has complied with California Rule of Court 3.1362(a) by submitting the notice and motion on MC-051 and by directing the notice and motion to Plaintiff.
California Rule of Court 3.1362 (c) further mandates that: "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).
Specifically, the declaration that Rule 3.1362(c) requires must state that the moving attorney attempted to secure a "Substitution of Attorney" from the client as required under Code of Civil Procedure section 284(1) and that the client refused to so stipulate. Here, the declaration is properly made on form MC-052 and uses general terms without compromising confidentiality, but does not indicate that counsel attempted to obtain a substitution by consent prior to making this motion. Absent this information, the Court cannot grant the motion.
Next, service under Rule 3.1362(d) requires personal service, electronic service, or mail and counsel's declaration must note the service made. Here, service was by mail on March 17, 2026. The declaration of counsel indicates that Plaintiff's address was confirmed as current via conversation with Planitiff. Finally, Rule 3.1362(e) requires the proposed order be lodged with the Court on MC-053 with the moving papers, specifying all hearing dates scheduled, including date of trial. Counsel has complied with this requirement.
The Court denies, without prejudice, Counsel's Motion to Withdraw as to Plaintiff based upon the lack of compliance with California Rule of Court 3.1362(c) with respect to attempting to obtain a "Substitution of Attorney" prior to moving to withdraw and reflecting such efforts in the declaration. If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order. Court reporters are usually not available for law and motion matters in the civil division. The parties and counsel must provide their own reporter