Vasile, et al., v. Flagship Financial Group, LLC, et al.,

Filing 59

ORDER signed by Judge Kimberly J. Mueller on 11/21/2013 GRANTING 54 Motion to Withdraw as Attorney; TERMINATING Attorney Derek C. Decker as counsel for Defendants Jared Acosta, JKA Enterprises, LLC, Nicholas Johnson and Timothy Kim. (Michel, G)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL VASILE and SALLY ANN
BURT KELSCH,
Plaintiffs,
v.

No. 2:12-CV-02912-KJM-CKD

ORDER
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FLAGSHIP FINANCIAL GROUP, LLC,
et al.,
Defendants.

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The motion to withdraw as counsel brought by Radoslovich Krogh, PC

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(“counsel”) is before the court. Counsel moves to withdraw as counsel of record for defendants

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JKA Enterprises, LLC, Jared Acosta, Timothy Kim and Nicholas Johnson (“defendants”) in the

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above-captioned matter. The motion is unopposed, and the court decides the matter without

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argument. For the reasons below, the court GRANTS counsel’s motion.

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Withdrawal of counsel is governed by Local Rule 182(d). Under the Rule, an

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attorney who seeks to withdraw must (1) give notice to the client and all parties who have

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appeared; (2) comply with the Rules of Professional Conduct of the State Bar of California; and

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(3) obtain leave of court. L.R. 182(d). Professional Conduct Rule 3-700 in turn permits

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withdrawal where a client “breaches an agreement or obligation to the [attorney] as to expenses

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or fees,” provided the attorney “take[s] reasonable steps to avoid reasonably foreseeable

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prejudice to the rights of the client.”
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Here, counsel has met all withdrawal requirements. As required by Local Rule

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182(d), counsel has provided notice to all parties who have appeared, including the represented

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defendants, Mot. to Withdraw 3, ECF No. 54, and filed the instant motion seeking leave.

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Counsel has also complied with the Rules of Professional Conduct. The motion is motivated

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by defendants’ refusal to pay attorneys’ fees and costs, and in light of the court’s previous order

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dismissing the action as against defendants, ECF No. 47, counsel’s provision of notice is

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sufficient to avoid prejudice to defendants.

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Accordingly, the motion to withdraw as counsel of record for defendants JKA
Enterprises, LLC, Jared Acosta, Timothy Kim and Nicholas Johnson is GRANTED.
IT IS SO ORDERED.
DATED: November 21, 2013.

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UNITED STATES DISTRICT JUDGE

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