(SS) Rojas-Renteria v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 RICHARD LEE ROJAS-RENTERIA, Case No. 1:20-cv-01761-NONE-HBK 11 Plaintiff, ORDER GRANTING MOTION TO 12 WITHDRAW AS ATTORNEY OF v. RECORD 13 14 COMMISSIONER OF SOCIAL SECURITY, (Doc. No. 12) 15 Defendant. CLERK TO UPDATE DOCKET 16 17 Plaintiff Richard Lee Rojas-Renteria, through his counsel of record Jonathan O. Peña, 18 initiated this action on December 14, 2020 by filing a complaint seeking review of the 19 Commissioner of Social Security decision denying plaintiff’s application for Social Security 20 benefits. (Doc. No. 1). Before the Court is Attorney Peña’s motion to withdraw as plaintiff’s 21 counsel of record. (Doc. No. 12). 22 Attorney Peña moves to withdraw from representing plaintiff due to a break-down in the 23 attorney-client relationship. (Id. at 3). Plaintiff has not responded to multiple letters from 24 Attorney Peña sent to plaintiff’s last known address. (Id. at 5). Attorney Peña also attempted to 25 speak with plaintiff by telephone on multiple occasions without success. (Id.). Absent 26 communication with his client, Attorney Peña states “he cannot make substantive decisions about 27 plaintiff’s case.” (Id. at 3). A copy of the motion to withdraw was sent to plaintiff’s last-known 1 address. (Id. at 8). Neither the Commissioner not plaintiff have filed an opposition or otherwise 2 responded to Peña’s motion to withdraw. (See Docket). 3 Under Local Rule 182(d), “an attorney who has appeared may not withdraw leaving the 4 client in propria persona without leave of court.” Any motion seeking to withdraw must describe 5 counsel’s efforts to notify their client of their withdrawal and identify for the court their client’s 6 last known address. (Id.). Withdrawal is further governed by the Rules of Professional Conduct 7 of the State Bar of California.” (Id.) Those rules permit an attorney’s withdrawal where it is 8 “unreasonably difficult for the lawyer to carry out the representation effectively.” Cal. Rule of 9 Professional Conduct 1.16(b)(4). 10 Whether to grant or deny a motion to withdraw as counsel is within the court’s discretion. 11 Campbell v. Obayashi Corp., 424 F. App'x 657, 658 (9th Cir. 2011); LaGrand v. Stewart, 133 12 F.3d 1253, 1269 (9th Cir. 1998). Determining whether to grant a withdrawal of counsel “involves 13 a balancing of the equities,” and the court should consider whether there is good cause for 14 withdrawal, and how withdrawal will impact other litigants and the ultimate resolution of the 15 case. McClain v. Am. Credit Resol., Inc., 2020 WL 8619963, at *2 (E.D. Cal. Apr. 6, 2020). 16 Granting a withdrawal may be “subject to such appropriate conditions as the Court deems fit.” 17 L.R. 182(d) 18 The court finds good cause to grant Attorney Peña’s motion to withdraw. Attorney Peña 19 made numerous attempts to contact his client through multiple mediums, to no avail. An attorney 20 cannot effectively represent a client with whom they cannot communicate and permitting this 21 situation to continue will only further delay the resolution of this case. 22 Accordingly, it is ORDERED: 23 1. Attorney Peña’s motion to withdraw as attorney of record (Doc. No. 12) is 24 GRANTED and Attorney Jonathan O. Peña is relieved as counsel of record for 25 Richard Lee Rojas-Renteria in this action; 26 2. The Clerk shall remove Attorney Jonathan O. Peña as counsel for plaintiff from 27 the docket; 1 3. Plaintiff, within thirty (30) days of this order, shall have new counsel enter an 2 appearance on his behalf or alternatively advise the court whether he wishes to 3 proceed in this matter pro se. 4 4. The Clerk of Court is directed to update the docket to reflect plaintiffs contact 5 information and last known address (See Doc. N. 12 at 5, 96): 6 Richard Lee Rojas-Renteria 2546 East Tyler Avenue 7 Fresno, CA 93701 8 5. The Clerk of Court is directed to mail a copy of this order to plaintiff at the above 9 address. 10 IT IS SO ORDERED. 11 12 | Dated: _ May 3, 2021 Th. Poareh Hack 13 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28