Judge: John J. Kralik, Case: 22STCV20071, Date: 2023-02-10 Tentative Ruling
Case Number: 22STCV20071 Hearing Date: February 10, 2023 Dept: NCB
North
Central District
|
michael
l. zinna, Plaintiffs v. douglas olsson, Defendant. |
Case No.: 22STCV20071 Hearing Date: February 10, 2023 [TENTATIVE]
order RE: motion to be relieved as counsel |
Plaintiff’s counsel, Neil M. Sunkin of Law
Office of Neil M. Sunkin, APC (“Counsel”), moves to be relieved as counsel for
Plaintiff Michael L. Zinna (“Plaintiff”).
Counsel filed this instant motion to be
relieved as counsel on January 13, 2023. Counsel has filed the requisite forms pursuant
to CRC Rule 3.1362.
According to the declaration of Counsel,
Counsel seeks to be relieved as counsel because there has been a complete
breakdown in the attorney-client relationship that has rendered Counsel’s
continuing representation unreasonably difficult to carry out in this matter
and Plaintiff has breached the material terms and failed to fulfill his
obligations under the retainer agreement. Counsel also states that he cannot ethically
continue representing Plaintiff and will provide more information to the Court
if necessary. (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 and the client’s
business address within the past 30 days of filing the motion. Defense counsel was also served with the
motion by mail.
The Court sets a Case Management Conference
for July 12, 2023, at 8:30 a.m. Thus,
there is sufficient time for Plaintiff to obtain substitute counsel.
Accordingly, the motion to be relieved as counsel
is granted. The order electronically
lodged by Counsel will be signed at 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.