Robert E. Renzel Trust et al v. Ventura et al

Northern District of California, cand-4:2015-cv-01648

ORDER ADVANCING HEARING ON {{146}} MOTION TO WITHDRAW AS COUNSEL. Motion Hearing set for 12/1/2016 10:00 AM before Hon. Haywood S. Gilliam Jr. Signed by Judge Haywood S. Gilliam, Jr. on 11/29/2016.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 ROBERT E. RENZEL TRUST, et al., 7 Case No. 15-cv-01648-HSG Plaintiffs, 8 ORDER ADVANCING HEARING ON v. MOTION TO WITHDRAW AS 9 COUNSEL ALFREDO TORRES, et al., 10 Re: Dkt. No. 146 Defendants. 11 12 On November 22, 2016, Jonathan C. Do, counsel representing Defendant Gary Tran, filed Northern District of California United States District Court 13 a motion to withdraw as counsel of record and to substitute Mr. Tran, in pro per. Dkt. No. 146. 14 The hearing was set for February 16, 2017. Id. Mr. Do requested an in camera hearing outside 15 the presence of other parties in the event that the Court desired further information regarding the 16 specific facts allegedly justifying withdrawal. See id. (citing Manfredi & Levine v. Superior 17 Court, 66 Cal. App. 4th 1128, 1136-37 (1998)). 18 "The determination whether to grant or deny a motion to withdraw as counsel lies within 19 the sound discretion of the trial court." See Manfredi & Levine, 66 Cal. App. 4th at 1133. 20 Holding an in camera hearing pursuant to counsel's request is an appropriate way to assess the 21 views of counsel and client about facts relevant to the motion to withdraw. See id. at 1136-37. 22 Given the importance of promptly resolving the motion to withdraw on an informed basis, 23 the Court ADVANCES the hearing for this motion to this Thursday, December 1, 2016, at 24 10:00am. This will be an in camera hearing regarding an issue of representation relating only to 25 Mr. Do and Mr. Tran. Accordingly, the Court ORDERS Mr. Do and Mr. Tran to appear, and the 26 // 27 // 28 // 1 other parties in this litigation not to appear. 2 IT IS SO ORDERED. 3 Dated: 11/29/2016 4 ______________________________________ HAYWOOD S. GILLIAM, JR. 5 United States District Judge 6 7 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2