Judge Lee W. Tsao, Case Number: 22NWCV00489, Date: 2023-06-20 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV00489, Date: 2023-06-20 Tentative Ruling

Case Number: 22NWCV00489 Hearing Date: December 6, 2023 Dept: C

Tran v. metro home design

CASE NO.: 22NWCV00489

HEARING: 12/6/23 @ 9:30 AM

Defendants’ Counsel’s Motion to be Relieved as Counsel is taken under submission.

Plumtree & Brunner LLP to give NOTICE.

Defendants’ Counsel, A. Maria Plumtree of Plumtree & Brunner LLP moves to be relived as counsel for Defendants Mansour Moravej and Metro Home and Design (collectively Defendants).

Background

This is a breach of contract action regarding a home improvement contract between Plaintiff Mackara Tran and Defendants.

Discussion

There has not been a showing of good cause through the attached declaration. However, counsel has requested that she may present such evidence at the hearing. Good 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. An attorney may request to withdraw from representation of a corporate client. (Thomas G. Ferruzzo, Inc. v. Superior Court (1980) 104 Cal.App.3d 501, 504.)