Judge: Lee W. Tsao, Case: 22NWCV00092, Date: 2023-02-22 Tentative Ruling
Case Number: 22NWCV00092 Hearing Date: February 22, 2023 Dept: C
STERLING NATIONAL BANK v.
PRECISION FORGING DIES, INC., et al.
CASE NO.: 22NWCV00092
@ 1:30 PM
Defense counsel, Joseph Ferruci’s motion to be relieved as counsel for Precision
Forging Dies, Inc. and Dan Kloss is GRANTED.
The order shall take effect when the proof of service of the signed
order on the client has been filed with the court.
Moving Party to give NOTICE.
Defense counsel, Joseph Ferruci, moves to be
relieved as counsel for Precision Forging Dies, Inc. and Dan Kloss.
cause exists to grant the motion based on any of the grounds under Rules of
Professional Conduct Rule 3-700(C). Rule 3-700(c) provides that an attorney may
withdraw based on any of the following: (1) The client (a) insists upon
presenting a claim or defense that is not warranted under existing law and
cannot be supported by good faith argument for an extension, modification, or
reversal of existing law, or (b) seeks to pursue an illegal course of conduct,
or (c) insists that the member pursue a course of conduct that is illegal or
that is prohibited under these rules or the State Bar Act, or (d) by other
conduct renders it unreasonably difficult for the member to carry out the employment
effectively, or (e) insists, in a matter not pending before a tribunal, that
the member engage in conduct that is contrary to the judgment and advice of the
member but not prohibited under these rules or the State Bar Act, or (f)
breaches an agreement or obligation to the member as to expenses or fees. (2)
The continued employment is likely to result in a violation of these rules or
of the State Bar Act; or (3) the inability to work with co-counsel indicates
that the best interests of the client likely will be served by withdrawal; or
(4) The member's mental or physical condition renders it difficult for the
member to carry out the employment effectively; or (5) The client knowingly and
freely assents to termination of the employment; or (6) The member believes in
good faith, in a proceeding pending before a tribunal, that the tribunal will
find the existence of other good cause for withdrawal.
attorney declaration demonstrates good cause for withdrawal based on a
breakdown in the attorney-client relationship.
The client was served by mail at his last known address, which was
confirmed to be current within the past 30 days.
the motion is GRANTED. The order shall
take effect when the proof of service of the signed order on the client has
been filed with the court.