Hoeppner-Cruz v. Robert W Brower
- Thomas Hixson
- 3:24-cv-05170
- U.S. District Court · Northern District of California
- 5
In Jo Ann Hoeppner-Cruz v. Robert W Brower, Magistrate Judge Hixson allowed counsel to withdraw with conditions, stayed trial, and denied a moot continuance motion.
Jo Ann Hoeppner-Cruz must obtain substitute counsel or file a status report by January 15, 2026. Thomas Dwayne Reid may withdraw but must continue serving documents until new counsel appears. Robert W Brower and the court’s scheduled proceedings are affected by the vacated dates and stayed jury trial.
What happened
Jo Ann Hoeppner-Cruz, as trustee of The Anthony J. Freitas and Jacqueline Hoeppner-Freitas 1997 Revocable Trust, sued Robert W Brower over the Trust’s property sale and alleged breach of fiduciary duty. The case was scheduled for a jury trial on January 20, 2026.
Hoeppner-Cruz’s attorney, Thomas Dwayne Reid, asked to withdraw because financial losses and insolvency required him to close his law practice. Hoeppner-Cruz agreed to the withdrawal, and Brower did not oppose it. The court also had pending a show-cause order and Hoeppner-Cruz’s request to continue the trial and pretrial dates.
Magistrate Judge Hixson granted Reid’s withdrawal request, but required Reid to remain counsel of record and serve documents until new counsel appears. The court vacated all pending dates, stayed the jury trial, discharged the show-cause order, and denied Hoeppner-Cruz’s continuance motion as moot. Hoeppner-Cruz must file a new attorney’s notice of appearance or a status report by January 15, 2026; the court warned that failure to obtain counsel could result in dismissal.
The detailed version
- Hoeppner-Cruz v. Robert W Brower · No. 3:24-cv-05170
- Thomas Hixson
- Dec. 17, 2025
Background
Jo Ann Hoeppner-Cruz brought the case as trustee of The Anthony J. Freitas and Jacqueline Hoeppner-Freitas 1997 Revocable Trust. The complaint proceeds under California Probate Code section 17200 and concerns the sale of property under the Trust. The opinion also describes her claim as alleging that Brower breached a fiduciary duty while serving as trustee. A jury trial had been scheduled for January 20, 2026.
Thomas Dwayne Reid, Hoeppner-Cruz’s attorney, moved to withdraw on December 4, 2025. He stated that significant financial losses had made his law practice insolvent and required him to close it. His malpractice insurance had been canceled for nonpayment, which he said created an urgent need to stop practicing on existing matters. Reid notified Hoeppner-Cruz and Brower of his inability to continue representing her. Hoeppner-Cruz consented to the withdrawal, and Brower did not oppose it.
Other Pending Matters
The court had ordered supplemental briefing about whether the probate exception applied to the claims. After Hoeppner-Cruz did not file a response complying with that order, the court issued an order requiring her to explain why she should not face consequences for that failure. She also filed an emergency request to move the January 20, 2026 trial and related pretrial dates so she could obtain replacement counsel.
Court’s Analysis
The court explained that counsel may withdraw only after a court order and after giving written, reasonable advance notice to the client and other parties who have appeared. The court also considered the reason for withdrawal, possible prejudice to the parties, and delay.
The court found good cause for withdrawal because of Reid’s practice closure and financial insolvency, together with Hoeppner-Cruz’s consent. It found that Reid had provided reasonable advance notice and had given Hoeppner-Cruz time to obtain substitute counsel.
The court imposed a condition because the Trust could appear in federal court only through licensed counsel. The opinion states that a non-attorney trustee may not represent a trust in this type of civil case and that the record did not show Hoeppner-Cruz was an attorney. Reid therefore had to remain counsel of record under Civil Local Rule 11-5(b), serve all filed documents on Hoeppner-Cruz until substitute counsel appeared, and electronically file proof of service within three business days after each filing.
Disposition
The court granted Reid’s Motion to Withdraw as Counsel for Hoeppner-Cruz, subject to those conditions. It vacated all pending dates, stayed the jury trial pending further order, discharged the show-cause order, and denied as moot Hoeppner-Cruz’s ex parte motion to continue the trial and pretrial dates. Hoeppner-Cruz was ordered to file either a notice of appearance by new counsel or a status report stating that she had not found counsel by January 15, 2026. The court also ordered Reid to provide her with a copy of the order and file an attestation of service by December 22, 2025. The order did not decide the underlying dispute involving the Trust or Brower.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.