Judge: Lee W. Tsao, Case: 22NWCV00796, Date: 2023-03-22 Tentative Ruling
Case Number: 22NWCV00796 Hearing Date: March 22, 2023 Dept: SEC
BANK OF THE WEST v. PRECISION
FORGING DIES, INC., et al.
CASE NO.: 22NWCV00796
HEARING: 3/22/23
@ 1:30 PM
#8
TENTATIVE RULING
Defense counsel, Joseph Ferruciās motion to be relieved as counsel for Precision
Forging Dies, Inc. 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.
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.
The
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.
Accordingly,
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.