Rosamond, CA asked in Civil Litigation and Legal Malpractice for California

Q: My employment attorney was granted a motion to be relieved as counsel can I object or stop my case being dismissed

I have a retaliatory and hour and wage case set for trial and my attorney filed without my consent a motion to be relieved can I fight it and what forms

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: Your question is a bit confusing. The headline says the attorney was granted the motion to be relieved. The question however suggests it is still a pending motion.

Yes you can try to oppose the motion, but there are strict deadlines for doing so. However, the only real basis you would have to successfully oppose the motion is that the timing of the motion will cause you undue hardship. If your only argument is that it will be hard for you to find another attorney, that will likely not fly with the judge. Also, think about it. Do you really want to force an attorney to continue to represent you when it is clear they do not want to do so? You would be far better off spending the time looking for a new attorney to take over the case.

Good luck to you.

1 user found this answer helpful

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