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.