2011-00115262-CU-PA

Meghan Elizabeth Galvin vs. Barbara Valente

Nature of Proceeding:  Motion to Withdraw as Counsel

Filed By: Rodriguez, Robert D.

Counsel’s motion to withdraw as attorney of record for Plaintiff Meghan Galvin is
granted. The determination whether to grant or deny a motion to withdraw as counsel
lies within the sound discretion of the trial court. (People v. Brown (1988) 203 Cal. App.
3d 1335, 1340.)

Moving counsel’s declaration asserts that Plaintiff is not adequately communicating,
not listening to advice, has breached an agreement regarding expenses all of which
has resulted in an irreconcilable breakdown in the attorney-client relationship.  Plaintiff
opposes the motion.  However, her opposition consists of a declaration which
essentially confirms that the attorney-client relationship has broken down and that the
two cannot effectively cooperate.  While Plaintiff argues that she will likely not be able
to obtain another attorney this close to trial, set for December 9, 2014, especially given
that the complaint has yet to be served, the Court finds that Plaintiff has adequate time
to attempt to seek new counsel or make other preparations for trial.  The Court does
not perceive that there is insufficient time; no undue prejudice to the client’s interests
appear from the papers.

The motion is granted.

The notice of motion provides the incorrect department and time for the hearing and
does not provide notice of the Court’s tentative ruling system as required by with
C.R.C., Rule 3.1308 and Local Rule 1.06(D).  This matter has been assigned to
Department 53 for law and motion purposes and the hearing is in Department 53 at 2
p.m.  Counsel is ordered to notify his client immediately of the correct
department and time of the hearing and of the tentative ruling system and to be
available at the hearing, in person or by telephone, in the event any appearance
is made without following the procedures set forth in Local Rule 1.06(B).

The court will sign the order submitted, which shall be “effective upon the filing of the
proof of service of th[e] signed order upon the client.”