Prussin et al v. Bekins Van Lines, LLC et al

Filing 55

ORDER by Magistrate Judge Howard R. Lloyd CONDITIONALLY granting 49 Motion to be Relieved as Counsel for defendant Bekins Van Lines LLC. 4/7/2015 hearing vacated. Motion granted subject to the condition that papers may continue to be served on attorney Gregg Garfinkel for forwarding purposes, unless and until Bekins Van Lines LLC appears through other counsel. (hrllc2, COURT STAFF) (Filed on 4/3/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
Northern District of California

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JEFFREY A. PRUSSIN and JUDY M.
PRUSSIN,
Plaintiffs,
v.
BEKINS VAN LINES, LLC; BEKINS VAN
LINES, INC.; TRIPLE CROWN
MAFFUCCI STORAGE CORPORATION,

Case No. 5:13-cv-02874 HRL
ORDER CONDITIONALLY
GRANTING MOTION TO BE
RELIEVED AS COUNSEL OF RECORD
FOR DEFENDANT BEKINS VAN
LINES LLC
[RE: DKT. 49]

Defendants.

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Now before the court is attorney Gregg S. Garfinkel’s motion for permission to withdraw
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as counsel of record for defendant Bekins Van Lines LLC (Bekins LLC). The papers presented
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indicate that Mr. Garfinkel provided advance written notice to Bekins LLC of his intent to
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withdraw from this matter, and the instant motion was served on counsel for all other parties. The
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court has received no opposition to the motion, and the time for submitting any opposition or
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response has passed. The matter is deemed suitable for determination without oral argument, and
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the April 7, 2015 hearing is vacated. Civ. L.R. 7-1(b). Having considered the moving papers, the
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court conditionally grants the motion as follows:
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“Counsel may not withdraw from an action until relieved by order of Court after written
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notice has been given reasonably in advance to the client and to all other parties who have
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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 Bar

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

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Design Group v. Wang, No. C04-521 JF (RS), 2006 WL 3591206 at *4 (N.D. Cal., Dec. 11, 2006)

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(citing Elan Transdermal Limited v. Cygnus Therapeutic Systems, 809 F. Supp. 1383, 1387 (N.D.

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Cal.1992)). Those standards provide that an attorney may seek permission to withdraw if, among

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other things, the client’s conduct renders it unreasonably difficult for the attorney to represent the

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client effectively or if the client breaches an agreement or obligation with respect to the payment

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of fees. Id. (citing Cal. Rules of Professional Conduct Rule 3-700(C)(1)(d),(f)).
Mr. Garfinkel says that Bekins LLC has dissolved and that there has been a complete

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United States District Court
Northern District of California

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breakdown in the attorney-client relationship. According to Mr. Garfinkel, Bekins LLC has

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ceased all communications with him (making it unreasonably difficult for him to carry out its

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representation effectively) and has failed to fulfill its obligations to pay fees and costs. (Garfinkel

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Decl. ¶¶ 5-6). As discussed, no one has filed an opposition to the requested withdrawal. Finding

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sufficient grounds for withdrawal, the court grants the motion, subject to the condition that papers

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may continue to be served on Mr. Garfinkel for forwarding purposes, unless and until Bekins LLC

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appears by other counsel. Civ. L.R. 11-5(b).

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Bekins LLC is advised that it may not appear pro se or through its corporate officers,

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but must retain new counsel forthwith to represent it in this lawsuit. See Civ. L.R. 3-9(b) (“A

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corporation, unincorporated association, partnership or other such entity may appear only through

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a member of the bar of this Court”); see also Rowland v. California Men’s Colony, 506 U.S. 194,

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201-02 (1993) (“It has been the law for the better part of two centuries . . . that a corporation may

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appear in the federal courts only through licensed counsel”); In Re Highley, 459 F.2d 554, 555

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(9th Cir. 1972) (“A corporation can appear in a court proceeding only through an attorney at

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law”). Bekins LLC is further advised that it retains all of the obligations of a litigant, and its

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failure to appoint an attorney may lead to an order striking its pleadings or to entry of its

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default.
SO ORDERED.
Dated: April 3, 2015
______________________________________
HOWARD R. LLOYD
UNITED STATES MAGISTRATE JUDGE

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United States District Court
Northern District of California

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5:13-cv-02874-HRL Notice has been electronically mailed to:
Allen Gabriel Haroutounian

[e-mail]

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Frank Xavier Dipolito

[e-mail], [e-mail]

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Gavin E Kogan

[e-mail]

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Gregg S. Garfinkel

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Ross Ian Landau

[e-mail]
[e-mail]

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United States District Court
Northern District of California

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