Judge: Walter P. Schwarm, Case: 30-2019-01120523, Date: 2022-09-20 Tentative Ruling

Moving Counsel’s (Arta K. Wildeboer) Motion to Be Relieved as Counsel (Motion), filed 9-9-22 under ROA No. 101, is GRANTED.

On 9-6-22, Moving Counsel’s Motion previously came on for hearing. The Motion was denied without prejudice because “The court’s file does not reflect that Moving Counsel’s client (Carlos Martinez) received notice that the Motion was set on 9-6-22 by way of the court’s 8-24-22 Minute Order.” (9-6-22 Minute Order.)

On 9-12-22, the court granted Moving Counsel’s Ex Parte to Advance Hearing on her Motion to be Relieved as Counsel under ROA No. 116, and set the hearing on 9-20-22. On 9-13-22, Moving Counsel gave notice of the new hearing date the client Carlos Martinez by overnight mail. (See ROA No. 120 filed on 9-13-22.)

The court finds that the Motion complies with California Rules of Court, rule 3.1362(a), (c), and (d). The declaration, filed on 8-19-22 under ROA 106 states, “There has been an irreconcilable breakdown in the attorney-client relationship, making continued representation impossible." This declaration is sufficient to justify withdrawal under Professional Conduct Rule 1.16, subdivision (b)(4).

Further, the court finds that Moving Counsel has now given sufficient notice of the hearing date on the instant Motion through the Notice of Ruling, filed and served on 9-13-22 under ROA No. 120.

Moving Counsel will remain as counsel of record until Moving Counsel files proof of service of the court’s signed order on Carlos Martinez.

Based on the above, the court GRANTS Moving Counsel’s (Arta K. Wildeboer) Motion to Be Relieved as Counsel, filed on 9-9-22 under ROA No. 101.

Moving Counsel is to give notice.