Collins v. Santa Clara Valley Transportation Authority

Background

AllAccess Law Group and attorneys Irene Karbelashvili and Irakli Karbelashvili moved for permission to withdraw as counsel of record for plaintiff Janie Collins. Santa Clara Valley Transportation Authority did not oppose the motion. The docket showed that Collins had received notice, and the court received no objection from her.

Counsel reported difficulties communicating with Collins beginning May 8, 2020. They described unsuccessful email and telephone contacts, certified letters, and efforts by a paralegal to contact hospitals to determine whether Collins had been admitted. Counsel later received an email in which Collins acknowledged receiving the withdrawal motion but did not object. Counsel told the court that they again lost contact with Collins and did not know whether she would obtain replacement counsel.

Court’s analysis

The court explained that withdrawal requires court approval and that an attorney may seek permission to withdraw when a client’s conduct makes effective representation unreasonably difficult. The court found that counsel’s inability to communicate with Collins regularly or reliably met that standard. It also found that counsel had taken reasonable steps to avoid foreseeable prejudice, including trying to contact Collins and giving her time to obtain other counsel. Any prejudice to the defendant was minimal because certain deadlines had been stayed, and the defendant did not oppose withdrawal.

Ruling

The court conditionally granted counsel’s motion to withdraw. The withdrawing lawyers had to continue accepting service of papers for forwarding until Collins appeared through other counsel, notified the court that she intended to represent herself, or the court ordered otherwise. They also had to serve a copy of the order on Collins by September 4, 2020.

The court stayed all proceedings through October 1, 2020, so Collins could obtain new counsel. By that date, new counsel had to file a substitution notice, or Collins had to show good cause for additional time. If Collins intended to represent herself, she had to file a notice stating that intention and provide current contact information. If she did neither by the deadline, one of the withdrawing attorneys had to file a declaration by October 2, 2020, identifying Collins’s last known address and confirming compliance with the order. The court warned that failure to comply with orders and deadlines could result in dismissal for failure to prosecute. The order did not address the merits of the underlying case.