Kelley Roberts vs. Rehana Harborth
Motion to be Relieved as Counsel
Motion type
Parties
Attorneys
Ruling
34-2022-00319058-CU-MC-GDS: Kelley Roberts vs. Rehana Harborth 08/06/2025 Hearing on Motion to be Relieved as Counsel in Department 54
Tentative Ruling
NOTICE: PLEASE TAKE NOTICE that any oral arguments regarding this tentative ruling will be heard in Department 43, located at 720 9th Street, Sacramento, CA, the Hon. Thadd A. Blizzard presiding. Any party who wishes to contest the tentative ruling below must: (1) request a hearing by calling the Law and Motion Oral Argument Request Line at (916) 874- 2615, by 4:00 p.m. the Court day before the noticed hearing date, and leave a voicemail message (a) identifying themselves as the party requesting oral argument; (b) indicating the specific matter/motion for which they are requesting oral argument; and (c) confirming that they have notified the opposing party of their intention to appear; and (2) advise the opposing party of the location and time of hearing pursuant to Local Rule 1.06.
If a hearing is not requested by 4:00 p.m. on the Court day before the noticed hearing date, the tentative ruling will become the final order of the Court. If a hearing is requested, the Court prefers in-person attendance by the parties. However, parties may appear by Zoom unless the Court specifically orders in-person attendance. Parties choosing to appear by Zoom are reminded, however, that a Zoom appearance is still a formal appearance before the Court. Parties appearing via Zoom should do so from a quiet location, free from undue distractions, and wear attire suitable for an in-person court appearance.
The parties may join the Zoom session for hearing on the tentative ruling by audio and/or video through the following link: https://saccourt-ca-gov.zoomgov.com/my/sscdept43 SIP Address: 16090961628@sip.zoomgov.com (833) 568-8864 ID: 16090961628 Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf.
Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf
34-2022-00319058-CU-MC-GDS: Kelley Roberts vs. Rehana Harborth 08/06/2025 Hearing on Motion to be Relieved as Counsel in Department 54
A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list. Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporters Office and an official reporter will be provided.
Tentative Ruling: The notice of motion does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06. Moving counsel is directed to attempt to contact Client and opposing counsel and advise them of Local Rule 1.06 and the Courts tentative ruling procedure and the manner to request a hearing. If moving counsel is unable to contact them prior to hearing, moving counsel is ordered to appear at the hearing in person or remotely. David Foyil, counsel for Defendant Rehana Harborth (Client), filed the instant motion requesting to be relieved as counsel.
Counsel has filed a declaration in support of the motion stating several reasons why Counsel should be relieved, including Clients failure to pay for services, failure to follow Counsels advice, and break down in the attorney-client relationship. (Decl. Foyil, ¶¶ 27-31.) It appears that good cause exists to relieve David Foyil as counsel pursuant to Code of Civil Procedure section 284(2). The motion to be relieved as counsel is GRANTED. The submitted proposed order leaves blank sections 3, and 5-9.
Counsel shall submit a revised proposed order with these sections completed. The Court will sign the revised order, which shall be effective upon the filing of the proof of service of the signed order upon Client.
The Court notes that on August 1, 2025, Counsel requested a continuance to December 29, 2025 to cure deficiencies in the filings. The Court does not see the need to continue the hearing. However, if Counsel wishes to withdraw the instant motion, Counsel shall appear to make such a request.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2022-00319058-CU-MC-GDS: Kelley Roberts vs. Rehana Harborth 08/06/2025 Hearing on Motion to be Relieved as Counsel in Department 54
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