Judge Lee W. Tsao, Case Number: 22NWCV01511, Date: 2024-03-26 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV01511, Date: 2024-03-26 Tentative Ruling

Case Number: 22NWCV01511 Hearing Date: March 26, 2024 Dept: C

Nyree Brown vs Michelle Wyatt

Case No.: 22NWCV01511

Hearing Date: March 26, 2024 @ 9:30 AM

Tentative Ruling

Plaintiff’s Counsel Morey & Upton, LLC’s motion to be relieved as counsel is GRANTED.

Counsel to give notice.

This action arises out of a motor vehicle accident.

Plaintiff’s Counsel Morey & Upton, LLP moves to be relieved as counsel for Plaintiff Nyree Brown.

As of March 18, 2024 this motion is unopposed.

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 upon an asserted conflict between Plaintiff and Counsel’s firm making it unreasonably difficult to carry out the employment effectively. Counsel served the client by mail at the client's last known address. Counsel has been unable to confirm that the address is current or to locate a more current address for the client after making multiple attempts to call, text and write to Plaintiff.

Accordingly, the motion is GRANTED.