MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT ALVARO ESPINOSA
July 14, 2026 Law and Motion Calendar PAGE 20 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________
2:00 PM LINE 7 25-CLJ-06965 TD BANK USA, N.A. VS. ALVARO J ESPINOSA
TD BANK USA, N.A. DONALD SHERRILL ALVARO J ESPINOSA CHRISTINA TOROYAN
MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT ALVARO ESPINOSA
TENTATIVE RULING:
The court rules on the motion of Paul Eum and Deborah Lee to be relieved as counsel for defendant Alvaro Espinosa as follows:
If defense counsel demonstrates service on defendant and plaintiff’s counsel of the proper hearing date, then the motion is GRANTED. The order does not become effective until notice of entry of order on the defendant.
In the notice of motion, plaintiff put the date of May 5, 2026 as the hearing date, but the clerk’s office changed the hearing date to July 14, 2026. The court file shows a proof of service filed April 9, 2026 of the motion showing service of the motion on defendant and plaintiff’s counsel on April 9, 2026. Thus, based upon the change of hearing date by the clerk, plaintiff could not have provided on April 9, 2026 proper notice of the July 14, 2026 hearing. On April 29, 2026, defense counsel filed a proof of service showing proof of service by mail on defendant.
However, it is unclear whether defendant was served with notice of the hearing date of May 5 or July 14, 2026. There is no amended proof of service on plaintiff’s counsel of an amended notice with the court date. Therefore, it is unclear if defendant and plaintiff’s counsel receive proper notice of the hearing date. (Cal. Rules of Court, rule 3.1110(b)(1).) Without proper notice on defendant and plaintiff’s counsel, the court cannot consider the motions. (See Diaz v. Professional Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204–1205 [court lacks jurisdiction to rule on a motion that has not been properly noticed].)
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Accordingly, if defense counsel can show proper service or a waiver of service, counsel shall properly contest the tentative ruling, and by 11:00 a.m. on July 14, 2026, file a declaration showing that both defendant and plaintiff’s counsel received proper notice of the hearing or showing a waiver of notice, and then at the hearing the court will grant the motion. If these conditions are not met, court must deny the motion.
If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, counsel for defendant shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to California Rules of Court, rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.
July 14, 2026 Law and Motion Calendar PAGE 21 Judge: HONORABLE NANCY L. FINEMAN, Department 04 ________________________________________________________________________
If the motion is granted, the mandatory Judicial Council form must be changed to reflect the new case management conference date of January 6, 2027 at 10:00 a.m.