Judge: Lee W. Tsao, Case: 22NWCV00356, Date: 2023-03-01 Tentative Ruling

Case Number: 22NWCV00356    Hearing Date: March 1, 2023    Dept: C

LEE v. GUARDIAN MANUFACTURING, INC.

CASE NO.:  22NWCV00356

HEARING:  03/01/23

#7

TENTATIVE ORDER

Robert A. Von Esch IV; David V. Luu; and the Von Esch Law Group, ALC’s unopposed motion to withdraw as counsel of record for Defendants GUARDIAN MANUFACTURING, INC.; WEN I AUGUSTE LEE; and JIN GAO is GRANTED. (C.R.C. 3.1362.)

Moving Party to give Notice.

No Oppositions filed as of February 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 declaration indicates that there are “irreconcilable differences” between the clients 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 the Von Esch Law Group’s continued representation would serve the interests of justice. The motion to withdraw is GRANTED. 

The parties may seek continuances of the upcoming MSC, FSC, and Trial (set for May 6, 2024) in Dept. SE-F, if necessary.