Judge: Lee W. Tsao, Case: 21NWCV00736, Date: 2023-03-29 Tentative Ruling

Case Number: 21NWCV00736    Hearing Date: March 29, 2023    Dept: C

GOMEZ v. BRENTWOOD BUILDERS

CASE NO.:  21NWCV00736

HEARING:  03/29/23

#9

TENTATIVE ORDER

     I.        Omar Gastelum, Esq. and the Law Offices of Omar Gastelum and Associates’  unopposed motion to withdraw as counsel of record for Plaintiff MARTINA GOMEZ is GRANTED. (C.R.C. 3.1362.)

    II.        Omar Gastelum, Esq. and the Law Offices of Omar Gastelum and Associates’  unopposed motion to withdraw as counsel of record for Plaintiff JOSE GOMEZ is GRANTED. (C.R.C. 3.1362.)

Moving Party to give Notice.

No Oppositions filed as of March 27, 2023.  

The Court finds that Counsel has met the procedural requirements, including proper notice to the client at the last known residence or business address of the client.  C.R.C. 3.1362.

Here, Counsel’s declarations indicate that there has been a “[i]rreconcilable differences have arisen between client and attorney….” Where the issue (or conflict) is between the lawyer and client(s), without implicating other parties, the court can rely on counsel’s sworn declaration absent any reason to doubt the representations.

There is an undisputed breakdown in attorney-client communications. It does not appear that Attorney Gastelum’s continued representation would serve the interests of justice. The motions to withdraw are GRANTED. 

There is a Case Management Conference set for June 7, 2023 at 1:30 p.m. in Dept. SE-F.