Davis v. Kaiser Foundation Hospitals

Background

Jasmine Mines, Gloria Davis’s attorney, moved to withdraw as counsel. Mines had appeared as counsel of record on August 28, 2020, but stated that Davis hired her under a limited-scope agreement to represent Davis at the September 8, 2020, initial case-management conference. Mines also agreed to review the case record. After doing so, Mines told Davis that she could not continue representing her unless she conducted a more complete investigation and filed an amended complaint. Because of the costs involved, Mines and Davis agreed that Mines should withdraw. Davis signed the motion.

Court’s analysis

The court applied Northern District of California Local Rule 11-5 and California professional-conduct rules. It found that the parties had received reasonable advance notice because Mines had told the parties at the September 8 hearing that she intended to withdraw. The court also found that Davis knowingly consented to the withdrawal and that allowing it was just. In deciding whether withdrawal was appropriate, the court considered the reasons for withdrawal and the possibility of prejudice, delay, or harm to the administration of justice.

Ruling and conditions

The court GRANTED the motion to withdraw as counsel, subject to conditions intended to reduce delay and possible prejudice. Davis received four weeks to obtain new counsel, and all deadlines were stayed during that period. Mines was required to accept service of court papers for forwarding to Davis. If Davis could not obtain counsel by October 20, 2020, she was to proceed without a lawyer, file a short statement confirming that she had been unable to retain counsel, and confirm her contact information with the court. The court also set a telephone case-management conference for October 27, 2020, at 2:00 p.m. The order did not decide the underlying dispute between Davis and Kaiser Foundation Hospitals.