Klaich v. Thomason Law Center, A Professional Law Corporation

Filing 26

ORDER denying KMTG's 23 motion for withdrawal as counsel signed by Judge Garland E. Burrell, Jr., on 6/3/15. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELIAS KLAICH, individually
and on behalf of all others
similarly situated,

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Plaintiffs,

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No. 2:14-CV-00007-GEB-AC
ORDER DENYING DEFENDANT’S
COUNSEL’S MOTION TO WITHDRAW AS
COUNSEL

v.
THOMASON LAW CENTER, A
Professional Law Corporation
d/b/a Client Services Advo,

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Defendant.

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Kronick Moskovitz Tiedermann & Girard (“KMTG”) moves

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under Local Rule 1821 for “an order permitting KMTG to withdraw

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as

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(“Thomason”),”

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1:23-24, ECF No. 23.)

counsel

of

record
a

for

professional

[D]efendant

Thomason

corporation.

(Notice

Law

Center

of

Motion

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Local Rule 182(d) prescribes: “Withdrawal as attorney

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is governed by the Rules of Professional Conduct of the State Bar

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of California, and the attorney shall conform to the requirements

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of

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700(A)(2) prescribes: “A[n] [attorney] shall not withdraw from

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employment until the [attorney] has taken reasonable steps to

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avoid

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client . . . .”

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those

Rules.”

reasonably

California

foreseeable

Rule

of

prejudice

Professional

to

the

Conduct

rights

of

3-

the

Here, it is unclear whether KMTG has explained

Counsel states it moves “pursuant to Local Rule 183” (Notice of Motion
1:23), however, that rule governs pro se plaintiffs. Local Rule 182 governs
counsel’s motion since it concerns attorney appearances and withdrawal.

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to

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Defendant cannot litigate this case in federal court because a

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corporation must be represented by an attorney. See E.D. Cal.

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L.R. 183(a) (“A corporation or other entity may appear only by an

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attorney.”).

its

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client

that

Further,

Local

withdraw

as

KMTG’s

Rule

withdrawal

182(d)

counsel

motion

prescribes

“shall

provide

is

an
an

granted,

attorney

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seeking

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stating the current or last known address or addresses of the

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client.”

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to

if

affidavit

KMTG has not submitted a separate affidavit stating the

current or last known address of Defendant.

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For the stated reasons, KMTG’s motion for withdrawal as

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counsel is denied.

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Dated:

June 3, 2015

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