Mario Fausto’s Motion to be Relieved as Counsel for Defendant
July 27, 2026 LAW AND MOTION CALENDAR PAGE 12 Judge: HONORABLE DAVID A. SILBERMAN, DEPARTMENT 11 ________________________________________________________________________
UD LAW AND MOTION CALENDAR MONDAY, JULY 27, 2026
02:00 PM 24-UDU-00963 KFF CETUS LLC VS. LEANDRO CASSIUS CASTROVIEJO LINE 8
KFF CETUS LLC STEPHANIE MARGOSSIAN LEANDRO CASSIUS CASTROVIEJO MARIO FAUSTO
MARIO FAUSTO’S MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT
TENTATIVE RULING:
The unopposed motion of Mario Fausto to be relieved as counsel for defendant, Leandro Cassius Castroviejo, is GRANTED but is effective until no earlier than August 5, 2026 and after a proof of service on the client of a copy of the signed order (which will be issued on July 27, 2026), has been filed with the court.
Rules of Professional Conduct, rule 1.16(d), provides that an attorney shall not withdraw until he has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, such as giving the client sufficient notice to permit the client to retain other counsel. Here, a Notice of Settlement was filed on April 4, 2025. An OSC re dismissal is set on August 4, 2026. Granting the motion effective prior to August 4, 2026 will leave defendant without counsel for the OSC hearing.
And, pursuant to California Rules of Court, rule 3.1362, subdivision (e), the order also does not become effective until proof of service on the client of a copy of the signed order (which will be issued on July 27, 2026), has been filed with the court.
Any party who contests a tentative ruling must email Dept.11@sanmateocourt.org with a copy to all other parties by 4:00 p.m. stating, without argument, the portion(s) of the tentative ruling that the party contests.
If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for the prevailing party shall prepare for the Court’s signature a written order consistent with the Court’s ruling pursuant to California Rules of Court, rule 3.1312
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