Kastler v. Oh My Green, Inc.

Background

Javier Torres, an attorney for defendant Oh My Green, Inc., moved to withdraw as the company’s counsel. He stated that the attorney-client relationship had deteriorated to the point that it was impossible to take the litigation steps needed to protect Oh My Green’s interests, partly because the company had not provided necessary information. He also stated that Oh My Green had not complied with its written agreement with Stinson LLP.

The motion was unopposed. At the hearing, a representative of Oh My Green indicated that the company did not oppose the motion, and plaintiff Anne Kastler also did not oppose it.

Court’s Analysis

The court explained that counsel may withdraw only after receiving the court’s permission and giving reasonable advance written notice to the client and other parties who have appeared. California professional-conduct rules also permit withdrawal in circumstances including a client’s breach of an agreement concerning fees or expenses, but require counsel to take reasonable steps to avoid foreseeable harm to the client.

The court found that Torres satisfied the applicable local rules. He had informed Oh My Green in writing about relevant case deadlines and had notified both Oh My Green and Kastler of the motion. The court was persuaded that Torres sought withdrawal in good faith and had a belief that good cause existed.

Ruling

The court granted Torres’s motion to withdraw as counsel for Oh My Green, subject to conditions. Because Oh My Green is a business entity, it may appear in federal court only through counsel. The court therefore directed Torres to accept service of court papers for forwarding to Oh My Green unless and until the company appears through other counsel. The court also stayed all deadlines for 30 days.

The order terminated the motion identified as Docket No. 55. The opinion states that it was a corrected order because a previous order had incorrectly said that the motion to withdraw as plaintiff’s counsel was granted.