Judge: Sandy N. Leal, Case: 2020-01170519, Date: 2023-06-15 Tentative Ruling

Motion to Be Relieved as Counsel of Record

Moving attorney Gene J. Goldsman of The Law Offices of Gene J. Goldsman’s Motion to Withdraw as Counsel for Plaintiff Bryan Surles (Motion) is GRANTED.

The Motion complies with California Rules of Court, rule 3.1362(a), (c), and (d). The Declaration in Support of Motion states: “Client Bryan Surles Passed away during the litigation process. Relatives are not allowing us to contact them. Plaintiff Counsel hired a private investigator and got relative’s contacts, no communication or cooperation from relatives to deal with the pending litigation. There is an irreparable breakdown in the attorney client communication with relatives warranting permissive withdrawal of the attorney as the attorney cannot represent a dead person or a non cooperative estate.” The death of a client and inability to contact his estate qualify as grounds for withdrawal under Rules of Professional Conduct, subdivision (b)(7).

The Court notes that according to the Stipulation to Continue Trial filed 3-30-23 under ROA No. 120, Plaintiff has passed away. Moving attorney served the instant Motion, Declaration and Proposed Order on The Estate of Bryan Surles (“The Estate”) at its last known address and has demonstrated that he made efforts to verify The Estate’s address by calling its last known telephone number and “conducting a search of living relatives.” (see ROA No. 113.)

Moving attorney will remain as counsel of record for Plaintiff until moving attorney files proof of service of the court’s signed order on the Estate of Bryan Surles.

Moving attorney is to give notice.