Judge: Walter P. Schwarm, Case: 30-2019-01053558, Date: 2022-09-27 Tentative Ruling

Moving Counsel’s (Cooksey, Toolen, Gage, Duffy & Wong) Motion to Be Relieved as Counsel (Motion), filed 8-12-22 under ROA No. 488, is GRANTED.

The Motion, Declaration (filed on 8-12-22 under ROA No. 482), and proposed Order (electronically received on 8-12-22 under ROA No. 483) indicate that Moving Counsel served the client (Easy Truck Insurance Services, Inc.) with the Motion, Declaration, and proposed Order by mail and electronic mail on 8-12-22.  Although the Declaration is somewhat unclear as to confirming that Moving Counsel’s address is current within the meaning of California Rules of Court, rule 3.1362(d), the court construes the declaration as indicating that confirmation occurred by way of email.  Therefore, the court finds that service of this Motion complied with California Rules of Court, rule 3.1362(d).

The Declaration states in part, “. . . Mr. Cooksey was the only attorney at CTGDW that took on independent plaintiff cases.  He was semi-retired at the time of his death, and his meager caseload was handled exclusively by him.  As such, there is no one at CTGDW currently in a position to ‘step into’ Mr. Cooksey’s shoes and litigate this case on behalf of Easy Truck.”  (Decl., ¶ 3.)

Professional Conduct Rule 1.0.1(m), states, “ ‘Tribunal’ means: (i) a court, an arbitrator, an administrative law judge, or an administrative body acting in an adjudicative capacity and authorized to make a decision that can be binding on the parties involved; or (ii) a special master or other person to whom a court refers one or more issues and whose decision or recommendation can be binding on the parties if approved by the court.”  Professional Conduct Rule 1.16(b)(10), states, “(b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client if: . . . [¶] (10) the lawyer believes in good faith, in a proceeding pending before a tribunal, that the tribunal will find the existence of other good cause for withdrawal.”

Here, the court finds that the Declaration shows other good cause for withdrawal because of the passing of Mr. Cooksey who was the only attorney handling this case at Moving Counsel’s firm.  This Declaration supports withdrawal under Professional Conduct Rule 1.16(b)(10).

Moving Counsel will remain as counsel of record until Moving Counsel files proof of service of the court’s signed order on Easy Truck Insurance Services, Inc.

Based on the above, the court GRANTS Moving Counsel’s (Cooksey, Toolen, Gage, Duffy & Wong) Motion to Be Relieved as Counsel filed 8-12-22 under ROA No. 488.

Moving Counsel is to give notice.