Jackson v. City of San Diego

Good Law
United States District Court, Southern District of CaliforniaOctober 21, 20193:19-cv-00767California428 words

Opinion

Trial Court Opinion

Discussion 22 “An attorney may not withdraw as counsel except by leave of court.” Darby v. 23 City of Torrance, 810 F. Supp. 275, 276 (C.D. Cal. 1992). The trial court has discretion 24 whether to grant or deny an attorney’s motion to withdraw in a civil case. See La Grand 25 v. Stewart, 133 F.3d 1253, 1269 (9th Cir. 1998); Stewart v. Boeing Co., No. CV 12-5621 26 RSWL(AGRx), 2013 WL 3168269, at *1 (C.D. Cal. June 19, 2013). Courts should 27 consider the following factors when ruling upon a motion to withdraw as counsel: (1) the 28 |/reasons why withdrawal is sought; (2) the prejudice withdrawal may cause to other 2 || litigants; (3) the harm withdrawal might cause to the administration of justice; and (4) the degree to which withdrawal will delay the resolution of the case. Curtis v. IJumination 4 || Arts, Inc., No. C12-0991JLR, 2014 WL 556010, at *4 (W.D. Wash. Feb. 12, 2014); Deal 5 || v. Countrywide Home Loans, No. C09-01643 SBA, 2010 WL 3702459, at *2 (N.D. Cal. 6 || Sept. 15, 2010). Local Civil Rule 83.3(f)(3) also provides: Withdrawals. (a) A notice of motion to withdraw as attorney of record must be served on the adverse…

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