Case Number: BC673053 Hearing Date: February 06, 2019 Dept: 4B

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED AS COUNSEL

Frank Revere, attorney of record for Plaintiff, seeks to be relieved as counsel on grounds that an irreconcilable conflict has arisen between counsel and Plaintiff that will not allow for counsel’s continued representation of Plaintiff. Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted. (People v. Prince (1968) 268 Cal.App.2d 398, 406.) An attorney “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.” (Cal. Rules of Prof. Conduct, rule 3-700(A)(2).) A lawyer violates his or her ethical mandate by abandoning a client, or by withdrawing at a critical point and thereby prejudicing the client’s case. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

This motion was filed on January 11, 2019. Plaintiff was personally served with the motion on January 11, 2019, and Defendants were served that day by mail and email/fax. The motion is set to be heard on February 6, 2019, and trial is scheduled for February 21, 2019. No oppositions to the motion have been filed.

At the hearing Plaintiff’s counsel is to be prepared to explain the reasonable steps he has taken to avoid prejudice to the rights of Plaintiff by his withdrawal. He is also to bring a copy of the order granting the motion.

Moving party to give notice.