Lorena Cherpan v. City of Fairfield, et al.

Summary

The United States District Court for the Eastern District of California granted Plaintiff Lorena Cherpan’s counsel’s motion to withdraw based on an irreconcilable conflict of interest. The court found that counsel satisfied the applicable local-rule requirements and that withdrawal would cause little prejudice or delay. Plaintiff was left representing herself, and the case was referred to the assigned magistrate judge for all purposes except the pretrial conference and trial.

Holdings

1. The court may grant a motion to withdraw when counsel satisfies Eastern District of California Local Rule 182(d), establishes that withdrawal is proper under the California Rules of Professional Conduct, and demonstrates good cause, including an irreconcilable conflict of interest.
2. Withdrawal is appropriate where the risk of prejudice to the client and other litigants is low and the court identifies no resulting harm to the administration of justice or possible delay.

Questions Presented

1. Whether Plaintiff's counsel should be permitted to withdraw under Eastern District of California Local Rule 182(d) and the California Rules of Professional Conduct.
2. Whether withdrawal would prejudice Plaintiff or the other litigants or otherwise harm the administration of justice.

Disposition

other