Judge: Lynne M. Hobbs, Case: 20STCV32790, Date: 2023-09-26 Tentative Ruling

Case Number: 20STCV32790    Hearing Date: October 12, 2023    Dept: 30

SHANE ANTLEY, et al. vs ROBERT OLIE, et al.

Re: Motion to be Relieved as Counsel (Florence Olie); Motion to be Relieved as Counsel (Rober Olie)


TENTATIVE

Counsel’s Motions to be Relieved as Counsel for Defendants Robert Olie and Florence Olie are DENIED.  Moving party to give notice.

DISCUSSION

Counsel seeks to be relieved as counsel for Defendants Robert Olie and Florence Olie.  The Court has already denied the motions due to Clients being unduly prejudiced. Nothing has changed.

Counsel filed a Notice of Motion and Motion to Be Relieved as Counsel (MC-051), an Order Granting Attorney’s Motion to Be Relieved as Counsel (MC-053), and a Declaration in Support of Attorney’s Motion to Be Relieved as Counsel (MC-052) on the appropriate forms, as outlined within California Rules of Court, rule 3.1362, subdivisions (a), (c), and (e). (Cal. Rules of Court, rule 3.1362, subd. (a), (c), (e).)

Counsel testifies that he served Defendants by mail at their last known address where he declares Defendants have lived for the last twenty years. (Garcia Decl., ¶ 3(b)(1)(d).) The Court is satisfied that Counsel has a compelling reason to withdraw as Defendants have stopped communicating with Counsel, creating a breakdown of the attorney-client relationship which prevents Counsel from continuing to represent Defendants. (Garcia Decl., ¶ 2.)

However, Defendants will be prejudiced if Counsel’s motion is granted. The next hearing in this matter is a final status conference set for October 18, 2023. Trial is set for October 23, 2023. There is not sufficient time for Defendants to engage new counsel before the FSC.