Judge: James L. Crandall, Case: 19-1093818, Date: 2022-11-03 Tentative Ruling

Motion to be Relieved of Counsel of Record

Moving Counsel’s (Gene J. Goldsman) Motion to be Relieved as Counsel is GRANTED.

The Motion complies with California Rules of Court, rule 3.1362(a), (c), and (d).

Moving Counsel’s Declaration (Declaration), filed on 6-30-22 under ROA No. 82 states, “There exists an irreparable breakdown of the attorney-client relationship so that Plaintiff’s counsel is unable to continue representation of Plaintiff in the case."

This declaration is sufficient to justify withdrawal under Professional Conduct Rule 1.16, subdivision (b)(4) and (5).

Additionally, California Rules of Court Rule 3.1362, subdivision (d) states:

The notice of motion and motion, the declaration, and the proposed order must be served on the client and on all other parties who have appeared in the case. The notice may be by personal service, electronic service, or mail.

(1) If the notice is served on the client by mail under Code of Civil Procedure section 1013, it must be accompanied by a declaration stating facts showing that either:

(A) The service address is the current residence or business address of the client; or

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

Moving Counsel’s Declaration states at paragraph 3b(2) states that Moving Counsel has “been unable to confirm that the address is current or to locate a more current address for the client after making the following efforts: (a) [x] mailing the motion papers to the client’s last known address, return receipt requested. (b) [x] calling the client’s last known telephone number or numbers.” The Declaration thus fulfills the requirements of California Rules of Court, rule 3.1362(d)(1)(B).

Moving Counsel will remain as counsel of record until Moving Counsel files proof of service of the court’s signed order on Elizabeth Gallup.

Based on the above, the court GRANTS Moving Counsel’s (Gene J. Goldsman) Motion to Be Relieved as Counsel.

Moving Counsel is to give notice.

2.     Case Management Conference

Future hearing dates

No future hearing dates