Judge: Olivia Rosales, Case: 21NWCV00742, Date: 2022-08-17 Tentative Ruling

Case Number: 21NWCV00742    Hearing Date: August 17, 2022    Dept: SEC

AVILA v. ARROYO

CASE NO.:  21NWCV00742

HEARING:  08/17/22

JUDGE:  OLIVIA ROSALES

#4

TENTATIVE ORDER

Oaktree Law and Larry Fieselman’s unopposed motion to withdraw as counsel of record for Defendants JULIO ARROYO, and MARIA ARROYO individually and as Trustees of the Julio Arroyo & Maria Arroyo Revocable Living Trust dated 12/18/19 is GRANTED. (C.R.C. 3.1362.)

Moving Party to give Notice.

No Opposition filed as of August 15, 2022.        

The Court finds that Counsel has met the procedural requirements, including proper notice to the client at the last known residence or business address of the client.  C.R.C. 3.1362.

Here, Counsel’s declaration indicates that “[t]he defendants have refused to sign a Substitution of Attorney.” Where the issue (or conflict) is between the lawyer and client, without implicating other parties, the court can rely on counsel’s sworn declaration absent any reason to doubt the representations.

There is an undisputed breakdown in attorney-client communications. It does not appear that Attorney Fieselman’s continued representation would serve the interests of justice. The motion to withdraw is GRANTED.

The following is a list of upcoming hearings:

·        Mandatory Settlement Conference on November 14, 2022 at 8:30 a.m. in Dept. SE-F.

·        OSC Re: Service/Answer/Responsive Pleading by Defendants Julio Arroyo and Maria Arroyo to the Complaint on November 14, 2022 at 8:30 a.m. in Dept. SE-F.

·        Non-Jury Trial on January 31, 2023 at 9:30 a.m. in Dept. SE-F.