Bonner v. Medical Board of California

Filing 81

ORDER signed by Chief District Judge Kimberly J. Mueller on 11/30/2020 GRANTING motion to terminate Attorney Allen C. Hassan as counsel. The case is STAYED for 30 days to allow plaintiff to find alternate counsel if he so desires. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Ernest Lincoln Bonner, Jr., M.D.
Plaintiffs,

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No. 2:17-cv-00445-KJM-JDP
ORDER

v.
Medical Board of California, et al.,
Defendants.

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Attorney Allen Hassan moves to withdraw as counsel for plaintiff Ernest Bonner, which

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would leave Mr. Bonner without counsel. ECF No. 76. No party filed an opposition or statement

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of non-opposition. As explained in this order, the motion is granted. Additionally, this case and

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pending deadlines are stayed for thirty days to enable plaintiff to find counsel if he so desires.

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

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

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

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

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made to notify the client of the motion to withdraw. Id. Withdrawal must also comply with the

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Rules of Professional Conduct of the State Bar of California. Id. Rule 1.16 requires an attorney

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

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as giving the client sufficient notice to permit the client to retain other counsel, and complying
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with paragraph (e),” which in turn requires counsel to return the client’s materials and property

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

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

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

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

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

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

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

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

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omitted).
Mr. Hassan has not complied the rules described above. While he has requested leave to

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withdraw in a formal motion and submitted an affidavit with Mr. Bonner’s current address, he has

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not noticed the motion. See ECF No. 76. However, Mr. Hassan seeks to withdraw as he has been

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suspended from the practice of law in California for one year. Ex. 1 at 5, ECF No. 76. Therefore,

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as the relevant factors weigh in favor of this motion, this court will grant the motion despite its

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procedural defects. No party opposes the motion, Mr. Bonner has confirmed he would like to

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proceed without counsel, and the court perceives no likely delays or harms to the administration

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of justice if the motion is granted. However, the court stays this case for 30 days to allow

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plaintiff to find alternate counsel if he so desires.

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The motion is thus granted. Mr. Allen Hassan is terminated as counsel in this
proceeding. The case is stayed for thirty days.
IT IS SO ORDERED.
DATED: November 30, 2020.

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