Daimler AG v. A-Z Wheels LLC et al

Filing 75

ORDER Granting 74 Motion to Withdraw. Signed by Judge Janis L. Sammartino on 3/27/2018. (mpl)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DAIMLER AG, a German corporation,

Case No.: 16-CV-875-JLS (MDD)

Plaintiff,

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ORDER GRANTING MOTION TO
WITHDRAW

v.
A-Z WHEELS LLC d/b/a USARim.COM,
et al.,

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(ECF No. 74)

Defendants.

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Presently before the Court is a Motion by attorney Steven Lobbin seeking to

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withdraw as counsel of record for Defendants Ryan Moalemi and Josh Moalemi, (ECF No.

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74). According to counsel, he “has not received any responsive communications from

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Defendant Ryan Moalemi or Defendant Josh Moalemi for nearly a year.” (Id. at 2.) He

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states he “no longer has the ability to represent them or speak or act on their behalf.” (Id.)

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Mr. Lobbin also represents Defendant Russ Moalemi in this matter, who is the father of

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Ryan and Josh Moalemi. The father and sons are estranged. Mr. Lobbin has no physical

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addresses for Ryan or Josh and only has email addresses to them. He sent his Motion to

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Withdraw to both email addresses. (Id.)

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An attorney may not withdraw as counsel except by leave of court, Darby v. City of

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Torrance, 810 F. Supp. 275, 276 (C.D. Cal. 1992), and “[t]he decision to grant or deny
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16-CV-875-JLS (MDD)

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counsel’s motion to withdraw is committed to the discretion of the trial court.” LaGrand

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v. Stewart, 133 F.3d 1253, 1269 (9th Cir. 1998); see also Civ. L. R. 83.3(g)(3). In ruling

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on a motion to withdraw as counsel, courts consider: (1) the reasons why withdrawal is

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sought; (2) the prejudice withdrawal may cause to other litigants; (3) the harm withdrawal

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might cause to the administration of justice; and (4) the degree to which withdrawal will

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delay the resolution of the case. Irwin v. Mascott, No. C 97-4737 JL, 2004 U.S. Dist.

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LEXIS 28264, at *4 (N.D. Cal. Dec. 1, 2004). Pursuant to Southern District of California

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Local Rule 83.4(b), each attorney “permitted to practice in this court shall be familiar with

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and comply with the standards of professional conduct required by the members of the

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State Bar of California.” Civ. L. R. 83.4(b). Counsel in this Court may withdraw as the

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attorney of record if the client’s “conduct renders it unreasonably difficult for the member

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to carry out the employment effectively.” Cal. R. Prof’l Conduct 3-700(C)(1)(d).

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After considering the above factors, the Court GRANTS the Motion to Withdraw.

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Mr. Lobbin shall provide Ryan and Josh Moalemi with a copy of this Order at any and all

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addresses and e-mail addresses he has for them.

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The Court advises Ryan and Josh Moalemi that until they retain new counsel, they

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are proceeding in this matter pro se, and therefore they must provide the Court with their

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current contact information, including telephone number, mailing address, and email

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address, so that the docket of this case may be amended accordingly.

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IT IS SO ORDERED.
Dated: March 27, 2018

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16-CV-875-JLS (MDD)