Judge: Lee W. Tsao, Case: 22NWCV00181, Date: 2023-03-15 Tentative Ruling
Case Number: 22NWCV00181 Hearing Date: March 15, 2023 Dept: C
SIGNATURE FINANCIAL,
LLC v. KLOSS
CASE
NO.: 22NWCV00181
HEARING: 03/15/23
#1
TENTATIVE ORDER
Joseph
A. Ferrucci and the Ferrucci Law Group, APC’s unopposed motion to withdraw as
counsel of record for Defendants PRECISION FORGING DIES, INC. and DAN KLOSS is GRANTED. (C.R.C. 3.1362.)
Moving
Party to give Notice.
No
Oppositions filed as of March 13, 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 declaration indicates that “the attorney-client relationship has
broken down….” 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 Joseph A. Ferrucci’s continued representation would serve the
interests of justice. The motion to withdraw is GRANTED.
The
parties may seek a continuance of the Case Management Conference (scheduled for
March 23, 2023) in Dept. SE-F, if necessary.