Judge: John J. Kralik, Case: 22BBCV00960, Date: 2023-05-05 Tentative Ruling
Case Number: 22BBCV00960 Hearing Date: May 5, 2023 Dept: NCB
North
Central District
|
andrius
kantas, Plaintiff, v. neutron
holdings, inc., et al., Defendants. |
Case No.: 22BBCV00960 Hearing Date: May 5, 2023 [TENTATIVE]
order RE: motion to be relieved as counsel |
Plaintiff’s Counsel, Eric Bonholtzer
(“Counsel”), moves to be relieved as counsel for Plaintiff Andrius Kantas (“Plaintiff”).
Counsel filed this instant motion to be
relieved as counsel on March 21, 2023. Counsel has filed the requisite forms pursuant
to CRC Rule 3.1362. The Court notes that
Counsel’s Form MC-053 (Proposed Order) was rejected by the Clerk of the Court
as section 6 was incomplete and lacked the litigant’s phone number.
According to the declaration of Counsel,
Counsel seeks to be relieved as counsel because there has arisen an unexpected
and irreconcilable breakdown of communication and the attorney-client
relationship, such that Counsel states it would be impossible and unethical to
represent Plaintiff. (MC-052, §2.) For these reasons, Counsel seeks to withdraw
from representing Plaintiff in this action.
Counsel properly served Plaintiff at his
last known mailing address, which was confirmed by email within the past 30
days of filing the motion. Defense
counsel was also served with the motion.
As for future hearing dates, the Case
Management Conference is set for August 7, 2023. No trial date has been set. Thus, there is sufficient time for Plaintiff
to obtain substitute counsel.
Accordingly, the motion to be relieved as
counsel is granted. Counsel should
electronically lodge a revised proposed order (Form MC-053) for the Court’s
signing prior to the hearing. The order
will become effective upon the filing of a proof of service of a signed copy of
the order on Plaintiff.
Notice to be provided by Counsel.