Piedra Gomez v. Extreme Exteriors, Inc.

Background

James Dore moved for permission to withdraw as counsel for Plaintiff Geronimo Piedra Gomez. Gomez did not respond, and the deadline to do so expired. Dore stated that he and his firm had been unable to communicate with Gomez about the matter despite repeated attempts by phone, text message, and email.

Court’s analysis

The Northern District of California requires a lawyer to obtain a court order before withdrawing and to provide written notice to the client and other parties who have appeared. Under the court’s local rules, when withdrawal is not accompanied by replacement counsel or the client’s agreement to represent himself, the court may require the withdrawing lawyer to continue receiving papers for forwarding until the client obtains new counsel or represents himself.

The court applied California professional-conduct rules, which allow withdrawal when a client makes representation unreasonably difficult, provided the lawyer takes reasonable steps to avoid foreseeable harm to the client. The court found good cause because Dore could not communicate with Gomez despite repeated efforts. It also found that Dore complied with the notice requirement by mailing the motion to Gomez’s last known address. Dore would continue representing Plaintiff Erick Millan Rojas, and the litigation could proceed without Gomez’s cooperation. The court therefore found that withdrawal would not hinder the administration of justice or delay the case.

Ruling

Judge Jacqueline Scott Corley granted the motion to withdraw as counsel for Gomez. Because no replacement counsel had appeared and Gomez had not agreed to represent himself, Dore must continue to be served papers for forwarding until Gomez appears through another lawyer or represents himself. Dore must notify Gomez of the order and this service obligation, then file proof of service within three days. The order disposed of Docket No. 27.