Judge: Lee W. Tsao, Case: 22NWCV01161, Date: 2023-12-13 Tentative Ruling

Case Number: 22NWCV01161    Hearing Date: January 10, 2024    Dept: C

zaun v. trevino, et al.

CASE NO.:  22NWCV01161

HEARING:  1/10/24 @ 10:30 AM

#5

Defendant’s counsel’s Motion to be Relieved as Counsel is GRANTED.

The Perry Law Firm, APLC to give NOTICE.

Defendant’s counsel, Michael R. Perry of The Perry Law Firm, APLC moves to be relieved as counsel for Defendant, Rick Oliver Trevino (Defendant).

Background

This is a declaratory relief action filed by Plaintiff Nicole Zaun against Defendant for judicial determination regarding the ownership of 30,000 shares of R.S. Oliver, Inc.

Discussion

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 Motion demonstrates good cause for withdrawal based on Perry’s

declaration that there was a breakdown in the attorney-client relationship due to the failure to pay fees and Defendant’s refusal to cooperate with counsel. Defendant was personally served with the Motion.

The motion is GRANTED. The order shall take effect when the proof of service of the signed order on Defendant has been filed with the court.