Sharma et al v. Wachovia

Filing 68

ORDER by Magistrate Judge Howard R. Lloyd granting in part and denying in part 62 plaintiffs' Motion to Amend; denying as moot 65 plaintiffs' Motion to Change Attorney; granting 66 plaintiffs' counsel's Motion to Withdraw as Attorney. 1/31/2012 hearing vacated. Plaintiffs' Third Amended Complaint due by 2/29/2012. Attorney Ali Nehme terminated. (hrllc2, COURT STAFF) (Filed on 1/24/2012)

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*E-FILED: January 24, 2012*

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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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For the Northern District of California

United States District Court

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RAJ KUMARI SHARMA and KARTARI LAL
SHARMA,

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Plaintiffs,
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v.
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WACHOVIA BANK; DOES 1-10, inclusive,

No. C10-04548 HRL
ORDER (1) GRANTING PLAINTIFFS’
COUNSEL’S MOTION TO WITHDRAW;
(2) DENYING AS MOOT PLAINTIFFS’
“MOTION TO CHANGE ATTORNEY”;
AND (3) GRANTING IN PART
PLAINTIFFS’ “MOTION TO AMEND
COMPLAINT AND PERSONALLY
APPEAR IN COURT”

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[Re: Docket Nos. 62, 65, 66]

Defendants.
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Plaintiffs Raj Kumari Sharma and Kartari Lal Sharma sue for damages allegedly arising

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out of the refinancing of their home mortgage and the subsequent non-judicial foreclosure sale

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of the subject property.1 The parties have engaged in several rounds of motions practice over

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the sufficiency of plaintiffs’ pleadings. Most recently, this court granted defendant Wachovia’s

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Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiffs’ Second Amended Complaint and gave

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plaintiffs until January 3, 2012 to file a Third Amended Complaint.
Now before the court is attorney Ali Nehme’s motion for permission to withdraw as

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plaintiffs’ counsel of record. Plaintiffs themselves have appeared on a pro se basis and

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separately filed a “Motion to Change Attorney,” as well as a motion requesting an extension of

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All parties have expressly consented that all proceedings in this matter may be
heard and finally adjudicated by the undersigned. 28 U.S.C. § 636(c); FED. R. CIV. P. 73.
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time to file their amended complaint. The court has received no opposition to any of these

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motions, and the time for submitting any opposition or response has passed. The motions are

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deemed suitable for determination without oral argument. The January 31, 2012 hearing

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therefore is vacated. CIV. L.R. 7-1(b). Having considered the moving papers, the court rules as

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follows:

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“Counsel may not withdraw from an action until relieved by order of Court after written

appeared in the case.” CIV. L.R. 11-5(a). “In the Northern District of California, the conduct of

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counsel is governed by the standards of professional conduct required of members of the State

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Bar of California, including the Rules of Professional Conduct of the State Bar of California.”

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For the Northern District of California

notice has been given reasonably in advance to the client and to all other parties who have

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United States District Court

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Hill Design Group v. Wang, No. C04-521 JF (RS), 2006 WL 3591206 at *4 (N.D. Cal., Dec.

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11, 2006) (citing Elan Transdermal Limited v. Cygnus Therapeutic Systems, 809 F. Supp. 1383,

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1387 (N.D. Cal.1992)). Those standards provide that an attorney may seek permission to

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withdraw if, among other things, the client’s conduct renders it unreasonably difficult for the

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attorney to represent the client effectively. Id. (citing Cal. Rules of Professional Conduct Rule

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3-700(C)(1)(d), (f)). Citing “irreconcilable differences over the management of the litigation,”

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Nehme says that his withdrawal is necessary. Plaintiffs evidently agree. Nehme’s motion is

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granted.

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Nehme’s motion for permission to withdraw having been granted, plaintiffs’ separate

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“Motion to Change Attorney” is denied as moot. In any event, plaintiffs need not obtain the

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court’s preapproval if they wish to discharge Nehme as their counsel of record.

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Plaintiffs also request an extension of time to file their Third Amended Complaint while

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they look for a new lawyer. This matter has been pending for over a year; and, plaintiffs have

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already had several opportunities to amend their pleadings to correct identified deficiencies.

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The court therefore is disinclined to give plaintiffs an open-ended extension of time to file their

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Third Amended Complaint while they attempt to find new counsel. They will be given until

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February 29, 2012 to file their amended complaint. The Sharmas are further advised that the

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court does not believe it would be fair or fruitful to unduly delay these proceedings while they

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attempt to find other representation, which conceivably could take a substantial amount of time.

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Meanwhile, plaintiffs are encouraged to obtain a copy of the Pro Se Handbook and other

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resources that may be available for self-represented parties at

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http://cand.uscourts.gov/proselitigants. They may also wish to contact the Federal Legal

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Assistance Self-Help Center (FLASH), located on the 4th Floor of the Federal Courthouse in

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San Jose. Appointments with FLASH may be made by signing up at the Center or by calling

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408-297-1480.

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Dated: January 24, 2012

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HOWARD R. LLOYD
For the Northern District of California

United States District Court

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SO ORDERED.

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UNITED STATES MAGISTRATE JUDGE

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5:10-cv-04548-HRL Notice has been electronically mailed to:

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Ali Nehme

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Elizabeth Christine Hehir [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail]

[e-mail]

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Frederick James Hickman [e-mail], [e-mail],
[e-mail], [e-mail]

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Counsel are responsible for distributing copies of this document to co-counsel who have not
registered for e-filing under the court’s CM/ECF program.

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5:10-cv-04548-HRL Notice sent by U.S. Mail to:

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Kartari Lal Sharma
240 Pamela Avenue, Apt. 4
San Jose, CA 95116

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For the Northern District of California

United States District Court

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Raj Kumari Sharma
240 Pamela Avenue, Apt. 4
San Jose, CA 95116

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