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MOTION TO BE RELIEVED AS COUNSEL |
Defense counsel, Derek L. Tabone (“Counsel”), moves to be relieved as counsel for Defendant Jose Luis Castilla (“Defendant”).
Counsel filed this instant motion to be relieved as counsel on November 5, 2020. Counsel has filed the requisite forms pursuant to CRC Rule 3.1362.
According to the declaration of Counsel, Counsel seeks to be relieved as counsel because he gave verbal and written explanation to Defendant about his options in the case, but has refused to cooperate or give Counsel any authority to negotiate the matter. He states that Defendant is unsatisfied with his options and has unrealistic expectations of the law firm. HE states that there is a mandatory settlement conference on December 9, 2020, but Defendant has not responded to letters or telephone calls. Counsel states that without Defendant’s cooperation, he cannot prepare for the hearing. (MC-052, §2.) For these reasons, Counsel seeks to withdraw from representing Defendant in this action.
Counsel properly served Defendant at his last known mailing address, which was confirmed by telephone, conversation, and correspondence within the past 30 days of filing the motion. Plaintiff’s counsel was also served with the motion by mail.
As for future hearing dates, the Mandatory Settlement Conference, Final Status Conference, and Non-Jury Trial are set for January 28, 2021. Thus, there is time for Defendant to obtain substitute counsel.
Accordingly, the motion to be relieved as counsel is granted. The order electronically lodged by Counsel will be signed at the hearing. The order will become effective upon the filing of a proof of service of a signed copy of the order on Defendant.
Notice to be provided by Counsel.