Chandler v. Midland Credit Management Inc.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 || TIMOTHY CHANDLER, and individual, Case No.: 3:22-cv-00636 W (DEB) I Plaintitt,| ORDER GRANTING PLAINTIFF'S 13 || COUNSELS’ MOTION TO 14 || MIDLAND CREDIT MANAGEMENT, WITHDRAW [DOC. 12] 15 INC., a Kansas corporation, 16 Defendant. 17 18 Attorney Gustavo Ponce and Kazerouni Law Group have filed a motion to 19 || withdraw as attorney of record for Plaintiff Timothy Chandler. The motion is unopposed. 20 The Court decides the matter on the papers submitted. See Civ.L.R. 7.1.d.1. For 21 ||the reasons set forth below, the Court GRANTS the motion [Doc. 12]. 22 23 || I. BACKGROUND 24 On April 4, 2022, Plaintiff Timothy Chandler filed the Complaint naming 25 || Defendant Midland Credit Management, Inc. (“Midland”), a Kansas corporation in the 26 || Superior Court of the State of California for the County of San Diego. (See Notice of 27 || Removal [Doc. 1-2].) On May 6, 2022, Midland filed the Answer and removed the action 28

1 |/to the United States District Court for the Southern District of California. (See Notice of 2 || Removal [Doc. 1].) 3 On December 12, 2022, Attorney Ponce filed the pending motion to withdraw as 4 || counsel representing the attorney-client relationship could not be maintained. In the 5 ||motion, counsel states that Chandler has been unresponsive and communication with him 6 ||has been completely lost. (Mot. at 2.) On January 9, 2023, Midland filed a Statement of 7 || Non-Opposition to Attorney Ponce’s motion. (Statement of Non-Opposition [Doc. 13].) 8 9 DISCUSSION 10 An attorney may not withdraw as counsel except by leave of court. Darby v.City 11 Torrance, 810 F.Supp. 275, 276 (C.D.Cal.1992); Civ.L.R. 83.3.f.3. “The grant or 12 || denial of an attorney’s motion to withdraw in a civil case is a matter addressed to the 13 || discretion of the trial court....” Washington v. Sherwin Real Estate, Inc., 694 F.2d 1081, 14 || 1087 (7th Cir. 1982). Factors considered in evaluating the motion are “1) the reasons 15 || why withdrawal is sought; 2) the prejudice withdrawal may cause to other litigants; 3) the 16 |;harm withdrawal might cause to the administration of justice; and 4) the degree to which 17 || withdrawal will delay the resolution of the case.” CE Resource, Inc. v. Magellan Group, 18 || LLC, 2009 WL 3367489, at *2 (E.D.Cal. 2009) (citing Canandaigua Wine Co., Inc. v. 19 || Moldauer, 2009 WL 89141, at *1 (E.D.Cal. 2009)). 20 Withdrawal of counsel is governed by the standards of professional conduct 21 ||required of members of the State Bar of California. See Nehad v. Mukasey, 535 F.3d 22 970 (9th Cir. 2008) (applying California Rules of Professional Conduct to attorney 23 || withdrawal). California Rule of Professional Conduct 3-700(C) enumerates several 24 || grounds under which counsel may properly seek to withdraw from a representation. Rule 25 ||3-700(B)(d) provides that an attorney may seek withdrawal where the client’s conduct 26 “renders it unreasonably difficult for the member to carry out the employment 27 |\effectively.” Accordingly, “[s]tate and federal courts in California have granted motions 28 ||to withdraw where a client fails to cooperate and communicate with counsel regarding

1 ||the representation.” BLK Enters., LLC v. Unix Packaging, Inc., 2018 WL 5993 842, at *1 2 \|(C.D.Cal. 2018) (citations omitted). 3 Here, Chandler’s failure to respond to Attorney Ponce’s repeated attempts to 4 ||contact him renders it unreasonably difficult for counsel to carry out his representation of 5 ||Chandler in this lawsuit. Additionally, there is nothing in the record suggesting that 6 || Attorney Ponce and Kazerouni Law Group’s withdrawal will prejudice the litigants in 7 |\this matter, will harm the administration of justice, or unduly delay the resolution of this 8 ||case. Further, Attorney Ponce has demonstrated diligence in attempting to notify his 9 || client of his intention and subsequent motion to withdraw. (Ponce Decl. In Support Of 10 || Mot. to Withdraw [Doc. 12-1] 4 4-8.) 11 12 CONCLUSION & ORDER 13 For all the reasons set forth above, the Court GRANTS Attorney Ponce and 14 ||Kazerouni Law Group’s motion to withdraw as attorney of record for Plaintiff Timothy 15 Chandler [Doc. 12] and ORDERS as follows: 16 e Attorney Ponce shall serve a copy of this order on Plaintiff Timothy 17 Chandler at his last known mailing and e-mail address or addresses. 18 e On or before January 24, 2023, Attorney Ponce shall file a notice with this 19 Court listing the mailing and e-mail addresses used to serve Plaintiff 20 Timothy Chandler. 21 e On or before January 31, 2023, Plaintiff Timothy Chandler shall file a 22 notice with this Court verifying his mailing and e-mail addresses. 23 IT IS SO ORDERED. 24 Dated: January 12, 2023 25 26 ? 27 amie aL} Whelan 28 United States District Judge