Judge: Lee W. Tsao, Case: 22NWCV00446, Date: 2023-03-01 Tentative Ruling

Case Number: 22NWCV00446    Hearing Date: March 1, 2023    Dept: C

3D5 AXIS ENGINEERING, INC. v. PRECISION FORGING DIES, INC.

CASE NO.:  22NWCV00446

HEARING:  03/01/23

#9

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 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 “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 Trial Setting Conference (scheduled for April 25, 2023) in Dept. SE-F, if necessary.