Hoeppner-Cruz v. Robert W Brower
- Thomas Hixson
- 3:24-cv-05170
- U.S. District Court · Northern District of California
- 2
In Jo Ann Hoeppner-Cruz v. Robert W Brower, Judge Hixson ordered plaintiff’s lawyer to act or withdraw and vacated the pretrial conference.
The order directly affects Jo Ann Hoeppner-Cruz and her attorney, Thomas Dwayne Reid, by setting requirements for Reid’s withdrawal or continued representation. It also affects Robert W Brower and the case schedule by vacating the pretrial conference.
What happened
Jo Ann Hoeppner-Cruz, as trustee of a revocable trust, sued Robert W Brower under California Probate Code section 17200 concerning the sale of trust property. A jury trial was scheduled for January 20, 2026.
Hoeppner-Cruz asked to postpone the trial and pretrial dates so she could find substitute counsel. Her lawyer, Thomas Dwayne Reid, remained attorney of record, but the court said he had not complied with at least three orders concerning a settlement conference, supplemental briefing, and an order to show cause.
Judge Thomas S. Hixson ordered Reid either to file a motion to withdraw or to respond to the earlier orders by December 5, 2025. The court also required Reid to give Hoeppner-Cruz copies of the relevant orders and any withdrawal motion, and vacated the December 4, 2025 pretrial conference.
The detailed version
- Hoeppner-Cruz v. Robert W Brower · No. 3:24-cv-05170
- Thomas Hixson
- Dec. 2, 2025
Background
Jo Ann Hoeppner-Cruz brought the case in her capacity as trustee of The Anthony J. Freitas and Jacqueline Hoeppner-Freitas 1997 Revocable Trust. The complaint asserts a claim under California Probate Code section 17200 against Robert W Brower related to the sale of property under the trust. The case was scheduled for a jury trial on January 20, 2026.
On November 25, 2025, Hoeppner-Cruz filed an ex parte motion—that is, a motion seeking action without the usual schedule for briefing—asking to continue the trial and pretrial dates so she could retain substitute counsel. The opinion notes that Brower opposed the motion and requested that it be denied without prejudice. The opinion does not state a separate disposition of that motion.
Counsel’s obligations
The court stated that Thomas Dwayne Reid remained Hoeppner-Cruz’s attorney of record. It said Reid had failed to comply with at least three court orders: an order setting a settlement conference, an order requiring supplemental briefing, and an order to show cause. The court stated that the parties and the court could not continue while Reid remained counsel of record without either withdrawing or fulfilling his responsibilities.
The court identified two options for Reid. He could file a motion to withdraw as counsel under Civil Local Rule 11-5, or he could fulfill his duty to represent Hoeppner-Cruz diligently and respond to the court’s previous orders.
Order
The court ordered Reid to either file a motion to withdraw or respond to the orders at ECF Nos. 56 and 60 by December 5, 2025. It warned that failing to file either a motion or a written response would be treated as an admission that he did not intend to prosecute the case and that the case would likely be dismissed.
The court also ordered Reid to provide Hoeppner-Cruz with a copy of the order and file an attestation confirming that he had done so by December 5, 2025. If Reid filed a withdrawal motion, he was required to provide her with a copy and file a similar attestation. Considering these circumstances, Judge Thomas S. Hixson vacated the December 4, 2025 pretrial conference.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.