Thomas Moritz, Caral Lieblein, Kala Madugula vs Teresa Seiler

Case Number

23CV01791

Case Type

Hearing Date / Time

Wed, 01/03/2024 - 10:00

Nature of Proceedings

Motions to Be Relieved as Counsel (3)

Tentative Ruling

Plaintiff: Randall Fox

Defendant: Douglas Black

 

Ruling

The 3 motions are GRANTED. The next CMC date of 1/24/24 at 8:30 am is confirmed.

Analysis

Randall Fox of Reetz, Fox & Bartlett LLP seeks to be relieved as counsel of record for each of the three Plaintiffs, Thomas Moritz, Carla Lieblein, and Kala Madugula, on grounds that “Client is in breach of [their] payment obligations under the services agreement with Attorney.”

The declaration in support of each motion states that the clients were each served by mail at their last known address, which counsel has confirmed by telephone is current within the past 30 days. The declarations set forth the upcoming (at the time the motion was filed) discovery obligations (12/12 responses to written discovery by Plaintiff Moritz, 3/7 depositions of 2 of the Plaintiffs) and hearing dates (3/6 Seiler MSJ, 5/3 MSC, and 5/22 jury trial). The declarations set forth the contractual obligation to pay fees and to withdraw from representation if client fails to comply, including for non-payment of fees, that a substitution of attorney form was presented to each Plaintiff, which was not signed.

The only problem is the form order which was provided by counsel for each Plaintiff—Paragraph 5 does not have any provision checked. It should have sub-paragraph (a) checked: Attorney is relieved as counsel of record for client (a) effective upon the filing of the proof of service of this signed order upon the client.

The Court will have the Clerk of the Court check that box on orders submitted to the Court’s signature queue.