Jordano’s Inc v Toney R Breault et al

Case Number

24CV03095

Case Type

Hearing Date / Time

Wed, 07/09/2025 - 10:00

Nature of Proceedings

Motion to be Relieved as Counsel

Tentative Ruling

Plaintiff: Jeff Daugherty, Campbell Hugh Greenup

Defendants: Kathryn Eppright

Issue

Motion to be Relieved as Counsel

RULING

The motion is GRANTED.

Analysis

This is an unopposed motion of attorneys for Defendants to withdraw as counsel.

Supported by an Amended Declaration in Support of Motion to Withdraw filed by Defendants on 5/8/2025.

This case was filed 6/3/24; an Out of Court Conditional Settlement was filed on 3/17/25; a request for dismissal will be filed no later than 12/30/2030.

This motion was filed by Kathryn M. Eppright the attorney for Toney R. Breault, et al.

Reasons for Motion. “Attorney makes this motion to be relieved as counsel under Code of Civil Procedure section 284(2) instead of filing a consent under section 284(1) for the following reasons: Andre, Morris & Buttery has represented Toney Breault, F, McLintocks Saloon and Dining House, Inc, and other related entities in this action and a variety of other pending lawsuits, as well as provided counseling and other legal services with regard to several untiled collection matters and a pending divorce. The firm allowed Mr. Breault to pay the firm a portion of its fees and did not require him to pay the firm in full on an ongoing basis, as he attempted to resolve the pending litigation and creditor claims. The amount due to the firm, however, has continued to grow and become very substantial, creating a significant financial hardship for the firm. I have informed Mr. Breault and attorney Edwin Rambuski, who is Mr. Breault's attorney assisting with debt relief matters, that we cannot continue to provide legal services under these circumstances, and Mr. Breault and Mr. Rambuski have begun the process of making arrangements for new counsel in the pending actions. If new counsel has not been arranged by the date of this motion, the firm will proceed with this motion. We will serve notice of this motion on Mr. Breault and Mr. Rambuski, but understand that Mr. Breault will not be opposing this motion.”

The next hearing is not yet set. It will be only set if the conditional settlement falls out or if it is timely completed and a dismissal is not promptly filed.

The request is reasonable and should be approved.