Kastler v. Oh My Green, Inc.

Background

Javier Torres, an attorney for Defendant Oh My Green, Inc., moved to withdraw from the case. He stated that the attorney-client relationship had deteriorated to the point that he could not take the necessary litigation steps to protect Oh My Green’s interests, partly because he had not received necessary information from the company. He also stated that Oh My Green had not complied with its written agreement with Stinson LLP. The motion was unopposed by both Oh My Green and Plaintiff Anne Kastler.

Court’s analysis

The court applied the district’s local rules and the California Rules of Professional Conduct. Those rules require court approval for an attorney’s withdrawal and require reasonable steps to avoid foreseeable harm to the client, including advance notice and time to obtain replacement counsel. The court also considered the reasons for withdrawal, possible prejudice to the parties, effects on the administration of justice, and possible delay.

The court found that Torres had informed Oh My Green in writing about relevant deadlines and had given notice of the motion to Oh My Green and Kastler. The court was persuaded that Torres had filed the motion with a good-faith belief that good cause supported withdrawal.

Ruling

The court granted Torres’s motion to withdraw, subject to conditions. Because Oh My Green is a business entity, it may appear in federal court only through counsel. The court directed Torres to accept service of papers for forwarding to Oh My Green until the company appears through other counsel. The court also stayed all deadlines for 30 days and terminated the motion at Docket No. 55.

The conclusion states that the motion was filed by counsel for the plaintiff, but the motion and the preceding discussion identify Torres as counsel for Defendant Oh My Green. The opinion does not explain this discrepancy.