Motion to be Relieved as Counsel
34-2022-00320129-PR-LA-FRC: In the matter of Samantha Michelle Surita 06/03/2026 Hearing on Motion - Other Motion to be Relieved as Counsel in Department 126
Tentative Ruling
NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL
Filed: 4/30/2026
Re: In the matter of Samantha Michelle Surita
Moving Party: David L. Brown, (916) 369-9750 Attorney for Petitioner Joseph A. Surita
Responding Party: None
NOTICE: Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the courts website. If the party does not have online access, they may call the dedicated phone number for the Probate Department at (916) 875-2526 between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure § 367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 126 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept126 and the Zoom Meeting ID is 160 5926 9604. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
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.
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34-2022-00320129-PR-LA-FRC: In the matter of Samantha Michelle Surita 06/03/2026 Hearing on Motion - Other Motion to be Relieved as Counsel in Department 126
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 forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING Attorney David L. Browns Motion to be Relieved as Counsel is DENIED as follows.
Mr. Brown is the attorney of record for Petitioner Joseph A. Surita. The petition for probate was granted in 2022, but Letters were not issued and an Order was never provided to the Court. Per this Courts minute order, bond was set at $283,000, but Petitioner has not provided proof of bond. (See Minute Order, 10/12/2022.)
Mr. Brown states he completed service by mail at the clients last known address, which was confirmed within the past 30 days. (Declaration in Support of Attorneys Motion to Be Relieved as Counsel [Declaration], ¶ 3.)
In support of his motion, Mr. Brown submitted a declaration stating only that a breakdown of attorney-client relationship has occurred. (Declaration, ¶ 2.) No other facts or circumstances were provided. The court has discretion to deny a motion where prejudice may occur to third parties. (Linn v. Superior Court of Los Angeles County, 79 Cal. App. 721, 724 [The relation of attorney and client, when once established in a case, is not to be so easily severed, when the right of others depend[s] thereon.].)
Here, Petitioners petition identifies two minors entitled to notice, the sons of the decedent, Samantha Michelle Surita. Because this matter has been open for nearly four years with no update provided since the petition was granted, the Court determines the rights of third parties may be detrimentally affected if Mr. Brown were relieved as counsel. Thus, the Court, in its discretion, denies the motion to be relieved as counsel.
Again, this matter has been open for nearly four years. No status report has been provided to the Court. On the Courts own motion, the Court requires the petitioner and counsel to appear before the court and show the condition of the estate and the reasons why the estate cannot be distributed and closed. (Prob. Code, § 12202(a).)
The motion is DENIED.
The matter is set for a status hearing on July 8, 2026 at 1:30 p.m. in Department 126 at the
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2022-00320129-PR-LA-FRC: In the matter of Samantha Michelle Surita 06/03/2026 Hearing on Motion - Other Motion to be Relieved as Counsel in Department 126
William R. Ridgeway Family Relations Courthouse. Any status report or filing shall be filed and served no later than 14 days before the hearing.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, Rule 3.1312.)