Judge: Walter P. Schwarm, Case: 30-2020-01166509, Date: 2022-08-30 Tentative Ruling

Motion No. 1:

Moving Counsel’s (Jerome D. Stark and Kenneth A. Bryant) Motion to Be Relieved as Counsel (Motion), filed on 7-28-22 under ROA No. 39, is GRANTED.

The Motion complies with California Rules of Court, rule 3.1362 (a), (c), and (d). The declaration, filed on 7-28-22 under ROA No. 37 states in part, “(a) There has been a complete breakdown in the attorney-client relationship. [¶] (b) The client terminated payment of attorney fees for legal services commencing about January 2021 to the present time. [¶] (c) On April 5, 2021, attorney sent his letter (Exhibit ‘A’ attached hereto) to Plaintiff setting forth the status of the case, advice re possible dismissal of the case, failure to pay past due fees and a Substitution of Attorneys seeking to be relieved as attorney of record for the Plaintiff." This declaration is sufficient to justify withdrawal under Professional Conduct Rule, 1.16, subdivision (b)(4) and (5).

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

Based on the above, the court GRANTS Moving Counsel’s (Jerome D. Stark and Kenneth A. Bryant) Motion to Be Relieved as Counsel filed on 7-28-22 under ROA No. 39.

Moving Counsel is to give notice.

Motion No. 2:

Moving Counsel’s (Jerome D. Stark and Kenneth A. Bryant) Motion to Be Relieved as Counsel (Motion), filed on 7-28-22 under ROA No. 24, is OFF CALENDAR as MOOT because it is duplicative of Motion No. 1.