Alla Kazovsky v. Metrocities Mortgage LLC et al

Filing 83

ORDER Denying Motion to Withdraw as Counsel of Record 82 by Judge Otis D Wright II. For the reasons discussed above, the Court DENIES Prospers Motion. Prosper may renew its Motion once Plaintiff has obtained substitute counsel, or upon a proper showing that all of the issues discussed herein have been thoroughly addressed to the Courts satisfaction. (See Order for Details). (sch)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ALLA KAZOVSKY,
v.

Plaintiff,

METROCITIES MORTGAGE, LLC; et
al.,

Case No. 2:11-cv-06079-ODW (FMOx)
ORDER DENYING MOTION TO
WITHDRAW AS COUNSEL OF
RECORD [82]

Defendants.

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Before the Court is Prosper Law Group, LLP’s Motion to Withdraw as Counsel

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for Plaintiff Alla Kazovsky. (ECF No. 82.) Having carefully considered the papers

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filed in support of and in opposition to the instant Motions, the Court deems the

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matters appropriate for decision without oral argument. Fed. R. Civ. P. 78; C.D. Cal.

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L.R. 7-15. Prosper’s Motion is DENIED.

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Pursuant to Local Rule 83-2.9.2.1, “[a]n attorney may not withdraw as counsel

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except by leave of court. An application for leave to withdraw must be made upon

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written notice given reasonably in advance to the client and to all other parties who

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have appeared in the action.” L.R. 83-2.9.2.1. The decision to grant or deny a motion

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to withdraw as counsel for a party is within the Court’s discretion.

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Huntington Learning Ctrs., Inc. v. Educ. Gateway, Inc., 2009 WL 2337863 at *1

See, e.g.,

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(C.D. Cal., June 28, 2009). In determining whether to grant a motion to withdraw as

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counsel, courts often weigh the following four factors: “(1) the reasons why

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withdrawal is sought; (2) the prejudice withdrawal may result to other litigants; (3) the

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harm withdrawal might cause to the administration of justice, and (4) the degree to

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which withdrawal will delay the resolution of the case.” Id. (quoting Irwin v. Mascott,

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2008 WL 410694 at *4 (N.D. Cal. Dec. 1, 2004); Nedbank Int’l, Ltd, v. Xero Mobile,

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Inc., 2008 WL 4814706 at *1 (C.D. Cal., Oct. 30, 2008)).

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Upon consideration of these factors, the Court finds that withdrawal at this time

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is unwarranted. Prosper’s Motion asserts that “Prosper Law makes this motion on the

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basis that irreconcilable differences exist between the Firm and Plaintiff Alla

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Kazovsky such that there is a break down in the attorney-client relationship. Prosper

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Law believes that this Motion is consistent with California Rules of Professional

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Conduct.” (Mot. 3 (citation omitted).) Prosper does not set forth which particular

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California Rule of Professional Conduct it contends applies to this case. The Court

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presumes that Prosper could only have intended Rule 3-700(C)(6), which provides

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that counsel of record may not request permission to withdraw unless counsel

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“believes in good faith, in a proceeding pending before a tribunal, that the tribunal will

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find the existence of other good cause for withdrawal.” But Prosper’s Motion is

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painfully vague, which obfuscates any good cause that may exist here.

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Prosper further contends that no prejudice will result to Plaintiff by Prosper’s

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withdrawal because “there are no pending Motions on the Courts [sic] calendar, and

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the next scheduled Court appearance is the Scheduling Conference set for July 16,

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2012.” First, Prosper scheduled the hearing on its Motion to Withdraw just two weeks

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before the Scheduling conference—the same date that Plaintiff’s Joint Rule 26(f)

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Report is due. (ECF No. 79, at 2.) Were the Court to grant Prosper’s Motion,

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Plaintiff potentially would be left to fend for herself at the scheduling conference,

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suddenly finding herself without counsel during an important stage of the litigation.

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Second, in response to the Court’s March 2, 2012 Order to Show Cause

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Regarding Dismissal for Lack of Prosecution against Defendant U.S. Bancorp,

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Prosper associate Sasha M. Moreno represented to the Court on March 9, 2012, that

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“Plaintiff and Defendant U.S. Bancorp are currently in the process of exchanging

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information in an effort to resolve U.S. Bancorp’s belief that they have been

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incorrectly named in this action. [¶] If resolved, Plaintiff intends to voluntarily

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dismiss U.S. Bancorp in the near future.” (Moreno Decl., ECF No. 70, ¶¶ 10, 11.) To

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date, no further action has been taken with respect to U.S. Bancorp. The Court

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questions whether this fact was intentionally omitted from Prosper’s Motion to

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Withdraw. Regardless, the Court finds that Prosper has made an inadequate showing

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that its withdraw at this stage would not prejudice Plaintiff in this action or delay

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resolution of this proceeding.

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Finally, Prosper notes that it “has complied with all of the requirements under

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Local Rule 83-2.9.2.1” (id.), “including giving due notice to Ms. Kazovsky, and

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allowing time for employment of other counsel.” (Bergman Decl. ¶ 3.) Yet Prosper

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does not explain when or how it provided Plaintiff this “due notice,” nor what sort of

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time frame it provided her for seeking employment of new counsel. As a result, the

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Court is left wondering what, if anything, Plaintiff actually knows or understands

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regarding Prosper’s Motion.

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For the reasons discussed above, the Court DENIES Prosper’s Motion. Prosper

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may renew its Motion once Plaintiff has obtained substitute counsel, or upon a proper

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showing that all of the issues discussed herein have been thoroughly addressed to the

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Court’s satisfaction.

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IT IS SO ORDERED.

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June 4, 2012

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____________________________________
HON. OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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