Free Motion to Withdraw as Attorney - District Court of California - California

Case 3:08-cv-00301-JLS-JMA

Document 28-2

Filed 07/07/2008

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Jason L. Jones SB# 246910 Cynthia M. Jones SB # 226958 AVATAR LEGAL 12626 High Bluff Drive Suite 360 San Diego, CA 92130 Tel: (858) 793-9800 Fax: (858) 793-9801 Attorney for IDevelopment, Inc.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA ) Case No.: 08-CV-0301-H-JMA LAUREL HILL ESCROW SERVICES, INC., a California corporation, ) ) MEMORANDUM OF POINTS AND ) AUTHORITIES IN SUPPORT OF ) Plaintiff, ) MOTION TO WITHDRAW AS COUNSEL ) vs. ) Date: August 7, 2008 IDEVELOPMENT, INC., a California corporation, et al., ) Time: 1:30 p.m. ) Dept: 6 ) Judge: Hon. Sammartino ) Defendants ) ) And all related Cross-Actions ) ) MEMORANDUM OF POITNS AND AUTHORITIES IN SUPPORT OF MOTION TO WITHDRAW

19 20 Under Rule 3-700(C) of the California Professional Rules of 21 Conduct, an attorney may request to withdraw as attorney of 22 record where the client by conduct renders it unreasonably 23 difficult for the member to carry out the employment 24 effectively, breaches an obligation to the member as to expenses 25 or fees, and knowingly and freely assents to termination of the 26 employment. 27 28
Motion to Withdraw MPA in Support - 1 37-2007-00066921-CU-MC-CTL

Case 3:08-cv-00301-JLS-JMA

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Filed 07/07/2008

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Because IDevelopment, Inc. ("IDevelopment") is an insolvent corporation that is no longer in business and because IDevelopment will not receive any of the funds held in escrow regardless of the outcome of the complaint and cross-complaint in this matter, IDevelopment has directed its counsel to take no action in this matter and has informed counsel that it cannot make further payments as required by the attorney-client agreement. See Declaration of Cynthia Jones in Support ("Jones

Decl.") ¶ 2-3. While this may be a sound financial decision by IDevelopment, counsel, has certain duties and obligations both to the client and to the Court. If counsel follows client's

directive to take no further action on the matter, counsel will be risking liability by not fulfilling their duties as officers of this Court. Therefore IDevelopment's directive to counsel

makes it unreasonably difficult for counsel to carry out their employment effectively. Additionally IDevelopment's inability to make payments under the attorney-client agreement is a breach of an obligation to counsel. Finally, counsel has informed IDevelopment that IDevelopment cannot represent itself pro per because it is a corporation and has informed IDevelopment regarding the likely affect on IDevelopment's case should it fail to hire replacement counsel. IDevelopment is willing to take this risk and has Jones Decl. ¶ 4-5.

consented to withdrawal by counsel. ///

Motion to Withdraw MPA in Support

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37-2007-00066921-CU-MC-CTL

Case 3:08-cv-00301-JLS-JMA

Document 28-2

Filed 07/07/2008

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