Opinion

Four in One Company, Inc. v. SK Foods, L.P.

Court
District Court, E.D. California
Filed
Nov 6, 2020
Cited by
0 cases
Authority
More cited than 17.5%

The opinion

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8 UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

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11 Four in One Company, et al., No. 2:08-cv-03017-KJM-JDP

12 Plaintiffs, ORDER

13 v.

14 SK Foods, L.P. et al.,

15 Defendants.

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17 Attorney Malcolm Segal moves to withdraw as counsel for defendant Scott Salyer, which

18 | would leave Mr. Salyer without counsel. ECF No. 298. No party filed an opposition or statement

19 | of non-opposition. As explained in this order, the motion is granted.

20 If withdrawal would leave a client in propria persona, Local Rule 182(d) requires the

21 | withdrawing party to seek leave of court, file a formal motion and provide notice of the

22 | withdrawal to the client and all other parties who have appeared. The attorney must also provide

23 | an affidavit stating the current or last known address or addresses of the client and the efforts

24 | made to notify the client of the motion to withdraw. Jd. Withdrawal must also comply with the

25 | Rules of Professional Conduct of the State Bar of California. 7d. Rule 1.16 requires an attorney

26 | to take “reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, such

27 | as giving the client sufficient notice to permit the client to retain other counsel, and complying

28 | with paragraph (e),” which in turn requires counsel to return the client’s materials and property

1 and any expenses or fees paid in advance that the lawyer has not earned or incurred. The Rules

2 also permit withdrawal if, as relevant here, “the client knowingly and freely assents to termination

3 of the representation.” Cal. R. Prof. Conduct 1.16(b)(6).

4 Whether to grant a motion to withdraw is within the court’s discretion. United States v.

5 Carter, 560 F.3d 1107, 1113 (9th Cir. 2009). Courts consider several factors when evaluating a

6 motion to withdraw, including the reasons for withdrawal, possible prejudice to the client and

7 other litigants, harm to the administration of justice, and possible delay. Deal v. Countrywide

8 Home Loans, No. 09-01643, 2010 WL 3702459, at *2 (N.D. Cal. Sept. 15, 2010) (citation

9 omitted).

10 Mr. Segal has complied with the rules described above. He has requested leave to

11 withdraw in a formal motion, has given notice to all parties, and has submitted an affidavit with

12 Mr. Salyer’s current address. See Mot., ECF No. 298; id. Ex. 1, ECF No. 298-1. Mr. Salyer has

13 also submitted a declaration confirming that he requested that Mr. Segal withdraw. See id. Ex. 2,

14 ECF No. 298-2. The relevant factors described above also weigh in favor of the motion. No

15 party opposes the motion, Mr. Salyer has confirmed he would like to proceed without counsel,

16 and the court perceives no likely delays or harms to the administration of justice if the motion is

17 granted.

18 The motion is thus granted. Mr. Segal and his firm, Segal & Associates, are terminated

19 as counsel in this proceeding.

20 IT IS SO ORDERED.

21 DATED: November 5, 2020.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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