Ramos v. Citibank, N.A. ( 2024 )


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  • 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DANIEL RAMOS, Case No.: 22cv2077-LL-VET 12 Plaintiff, ORDER GRANTING MOTION TO 13 v. WITHDRAW AS COUNSEL 14 CITIBANK, N.A., ET AL., [ECF No. 35] 15 Defendants. 16 17 Before the Court is Todd Friedman’s Motion to Withdraw as Counsel for Plaintiff 18 Daniel Ramos. ECF No. 35. Plaintiff’s current counsel, Todd Friedman, attests that he and 19 his client “have had a complete breakdown of the attorney-client relationship due to a lack 20 of communication and disagreements, and neither [him] nor [his] firm, can continue to 21 represent him.” ECF No. 35-2 ¶ 3. Mr. Friedman attests that Plaintiff Mr. Ramos was 22 notified of the firm’s intent to withdraw as his counsel since May 29, 2024, and that 23 Plaintiff has been advised to seek new counsel to represent him in this matter. Id. ¶ 4. This 24 matter is currently in arbitration proceedings under Arbitrator Kirk D. Yake. On June 5, 25 2024, Arbitrator Yake approved Plaintiff’s counsel motion to withdraw in the arbitration 26 proceeding. ECF No. 35-2, Exhibit 1. Arbitrator Yake gave Plaintiff a deadline of 27 28 1 November 19, 2024 to find new counsel or represent himself in this matter. ECF No. 35-2 2 ¶ 8. 3 “An attorney may not withdraw as counsel except by leave of court.” Lopez v. Global 4 Bus. Consultants., No. 20-cv-1281-AJB (LL), 2021 WL 148064, at *1 (S.D. Cal Jan. 15, 5 2021) (citing Darby v. City of Torrance, 810 F. Supp. 275, 276 (C.D. Cal. 1992)). A motion 6 for leave to withdraw as counsel must be supported by a showing of “good cause.” Id. 7 Courts consider the following when determining whether good cause exists: “(1) the 8 reasons why withdrawal is sought; (2) the prejudice withdrawal may cause to other 9 litigants; (3) the harm withdrawal might cause to the administration of justice; and (4) the 10 degree to which withdrawal will delay the resolution of the case.” Id. (citing Beard v. 11 Shuttermart of Cal., Inc., No. 07-cv-594 WQH (NLS), 2008 WL 410694, at *2 (S.D. Cal. 12 Feb. 13, 2008)) (internal quotation marks omitted).1 13 Based on Plaintiff’s attestation that he has had a complete breakdown of the attorney- 14 client relationship due to a lack of communication and disagreements with Mr. Ramos, “it 15 is not reasonable to require counsel to continue in an unwanted fiduciary relationship,” 16 because effective representation requires that “counsel must be able to communicate with 17 the client, have the trust of the client, act in the best interests of the client, and guide and 18 persuade the client to act in manner that is consistent with its legal obligations and that 19 advances its best interests.” Lehman Bros. Holdings, Inc. v. PMC Bancorp, No. 20 LACV1007207JAKPJWX, 2017 WL 4071384, at *2 (C.D. Cal. July 26, 2017). 21 Accordingly, “[w]here there is a complete breakdown in the attorney-client relationship, a 22 request to withdraw is commonly granted.” Id. (citation omitted). 23 24 25 26 1 Civil Local Rule 83.3.f.3 requires that the motion to withdraw as counsel be served on 27 the opposing party and on the moving attorney’s client, and that a declaration regarding such service be filed with the motion. Plaintiff’s Counsel’s motion complied with these 28 1 The Court finds that the breakdown in the attorney-client relationship between Mr. 2 Friedman and Mr. Ramos warrants Mr. Friedman’s and his firm’s withdrawal as counsel. 3 || No prejudice to other litigants is apparent. Good cause appearing, the Court GRANTS the 4 ||Motion. The Law Offices of Todd M. Friedman, P.C. are hereby WITHDRAWN as 5 || counsel for Plaintiff. Mr. Friedman is DIRECTED to serve a copy of this Order on Plaintiff 6 or before December 2, 2024. 7 On or before December 9, 2024, Plaintiff, Mr. Ramos, and Defendant Citibank, 8 ||N.A. (“Citibank”) are ordered to submit a joint status report to update the Court on the 9 || status of the arbitration proceedings as Arbitrator Yake gave Plaintiff a November 19, 2024 10 || deadline to find new counsel or represent himself in the matter. The joint status report shall 11 ||inform the Court regarding whether Plaintiff intends to represent himself in this matter or 12 ||has secured counsel. If Plaintiff has elected to represent himself, he must include in the 13 status report his mailing address and telephone number for inclusion in the Court’s 14 || CM/ECF docketing system. If Plaintiff has secured counsel, his counsel shall file a notice 15 || of appearance in this case on or before December 9, 2024. 16 IT IS SO ORDERED. 17 || Dated: November 20, 2024 18 ~ LO Df | 20 Honorable Linda Lopez 71 United States District Judge 22 23 24 25 26 27 28

Document Info

Docket Number: 3:22-cv-02077

Filed Date: 11/20/2024

Precedential Status: Precedential

Modified Date: 11/21/2024