Case Number: BC576618??? Hearing Date: April 25, 2016??? Dept: 39
Motion to Be Relieved as Counsey by James M. McDermed, counsel for Defendants, Success Coaching, Team Up for Life, Kaya Redford, and Mary Arrighi Lambron: GRANTED
The counsel moving for relief has demonstrated compliance with the requirements of California Rules of Court Rule 3.1362.
Where the procedures are properly followed, withdrawal is permitted in the appropriate circumstances. Here, counsel seeks to withdraw because counsel cannot adequately represent the client due to a breakdown in the attorney client relationship. (California Rules of Professional Conduct Rule 3-700(c)(1)(d).)
Moreover, even where the breakdown is for a legitimate reason, the court should weigh the prejudice to the parties of granting the motion. Here, trial is set for June 13, 2016. Therefore, there will be some prejudice to Defendants by the withdrawal. The court granted counsel?s withdrawal as to Defendant Evrenos on March 10, 2016.
Pursuant to California Rules of Professional Conduct Rule 3-700(A)(2) ?[a] member shall not withdraw from employment until the member has taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, including giving due notice to the client, allowing time for employment of other counsel, complying with rule 3-700(D), and complying with applicable laws and rules.?
The Defendants were first served (albeit with insufficient notice) with the motions to be relieved around February 18, 2016 in connection with the prior March 10, 2016 hearing date. Therefore, Defendants have been on notice for two months of the need to obtain alternate counsel.
The entity defendants cannot appear in the instant action without the representation of counsel and should be advised of this fact. (CLD Const., Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.)
The motion is GRANTED.