Morrow v. Mid Peninsula Hotels, LLC
- Thomas Hixson
- 3:19-cv-03863
- U.S. District Court · Northern District of California
- 4
In Morrow v. Mid Peninsula Hotels, Judge Hixson granted counsel’s withdrawal motion but required continued service until substitute counsel appeared.
Conn Maciel Carey LLP and its attorneys were permitted to withdraw, subject to forwarding-service duties. Mid Peninsula Hotels, LLC had to retain substitute counsel by October 9, 2020; the plaintiffs were affected by the continued service requirement.
What happened
Morrow v. Mid Peninsula Hotels, LLC involved lawyers from Conn Maciel Carey LLP asking to withdraw from representing Mid Peninsula Hotels, LLC in an Americans with Disabilities Act case. The court considered the request without a hearing because no one opposed it.
The lawyers said the hotel had not paid outstanding legal bills despite receiving written notice that nonpayment could lead to withdrawal. The court found that nonpayment provided a valid reason for withdrawal and that the lawyers had given reasonable advance notice. The underlying access claims were not decided in this order.
Judge Thomas S. Hixson granted the motion, but required the lawyers to remain counsel of record for forwarding papers until the hotel filed a substitution of counsel. The hotel was given until October 9, 2020, to retain new counsel, and the court warned that failing to do so could result in default judgment.
The detailed version
- Morrow v. Mid Peninsula Hotels, LLC · No. 3:19-cv-03863
- Thomas Hixson
- Aug. 26, 2020
Background
Louis Thomas Morrow and Sunderland Lyle Morrow brought an action under the Americans with Disabilities Act after visiting the Mid Peninsula Hotel and encountering alleged access barriers. The opinion states that Louis Thomas Morrow cannot stand or walk without assistance because of muscular dystrophy. The case had been stayed under General Order 56 except for facility inspection, discussions about claimed access violations and proposed corrections, and mediation. The parties participated in mediation but did not settle, and the mediation deadline was extended because of the public health emergency.
Andrew J. Sommer and Megan S. Shaked of Conn Maciel Carey LLP had represented Mid Peninsula Hotels, LLC from the beginning of the action. Their legal-services agreement required the hotel to timely pay for services. According to counsel’s declaration, the hotel failed to pay outstanding invoices, causing significant financial hardship to the firm. Counsel sent written notice on July 2, 2020, requesting payment within 30 days and warning that the firm would withdraw if the invoices remained unpaid. Counsel said payment was still not received and filed the withdrawal motion on August 5, 2020. No opposition was filed.
Legal standard
The court’s local rules allow an attorney to withdraw as counsel of record when the attorney gives reasonably advance written notice to the client and other parties and obtains the court’s permission. The court also applied California professional-conduct rules. One permitted ground for withdrawal is the client’s breach of a material obligation to the lawyer after receiving a reasonable warning. The court stated that failure to pay attorney’s fees constitutes good cause for withdrawal.
When a lawyer withdraws without substitute counsel appearing, the court may require papers to continue being served on the withdrawing lawyer for forwarding until the client appears through new counsel or on its own behalf. The court also noted that a corporation must appear in federal court through licensed counsel.
Ruling
The court found that Conn Maciel Carey LLP had provided reasonable advance notice and complied with the applicable local and professional-conduct rules. It therefore granted the motion to withdraw as counsel. Because Mid Peninsula Hotels, LLC had not consented to the withdrawal and had not filed a substitution of counsel, the court imposed conditions.
The firm had to remain counsel of record for forwarding purposes until substitute counsel appeared. Court and plaintiff papers had to continue to be served on the firm, and the firm had to electronically file proof of service on the hotel. Mid Peninsula Hotels, LLC had until October 9, 2020, to file a substitution of counsel. The court stated that failure to retain substitute counsel could result in entry of default judgment. The order did not decide the plaintiffs’ disability-access claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.