Judge: Lee W. Tsao, Case: 22NWCP00465, Date: 2024-05-16 Tentative Ruling
Case Number: 22NWCP00465 Hearing Date: May 16, 2024 Dept: C
LEPE v. LEPE
CASE
NO.: 22NWCP00465
HEARING: 05/16/24
#2
Elan
Darvish and The Darvish Firm, APC’s unopposed motion to withdraw as counsel of
record for Plaintiff ANDRES LEPE is GRANTED.
Moving
Party to give Notice.
No
Opposition filed as of May 13, 2024.
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 declaration indicates that there has been a breakdown of the
attorney-client relationship. 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 Darvish’s continued representation would serve the
interests of justice. The motion to withdraw is GRANTED.
The
Court notes that there is a Mandatory Settlement Conference scheduled for May
29, 2024 at 8:30 a.m. in Dept. SE-F.