Shapell Socal Rental Properties v. Chico's FAS

INTRODUCTION

An attorney has both an ethical and statutory obligation to warn opposing counsel, if counsel’s identity is known, of an intent to seek a default and to give counsel a reasonable opportunity to file a responsive pleading. In LaSalle v. Vogel (2019) 36 Cal.App.5th 127, 137 (LaSalle), a panel of this court confirmed that obligation directly, unequivocally, and without qualification. The LaSalle court concluded the ethical obligation is rooted in decades of case authority and, the LaSalle court concluded, is reinforced by a statutory obligation arising under Code of Civil Procedure section 1 583.130. (LaSalle, supra, at pp. 135-137.) The LaSalle court urged a return to the professionalism represented by section 583.130 and expressed the hope that before seeking a default counsel would act with “‘dignity, courtesy, and integrity.’” (LaSalle, at p. 141.) This case demonstrates the unfortunate reality that some members of the legal profession have not demonstrated the yearned-for professionalism and that the hopes expressed in LaSalle remain a dream. In this unlawful detainer action, counsel for plaintiff Shapell Socal Rental Properties, LLC (Shapell) requested and…