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23FL0467·eldorado·Civil·Withdrawal of Counsel
Hearing about 1 month agoGRANTED

SUSAN J. RONNBACK SMART V. CHARLES A. SMART III

Motion to be Relieved as Counsel

Hearing date
Jul 16, 2026
Department
5
Judge
Prevailing
Moving Party
Appearance
Not required

Motion type

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Parties

PetitionerSUSAN J. RONNBACK SMART
RespondentCHARLES A. SMART III

Ruling

LAW & MOTION TENTATIVE RULINGS DEPARTMENT 5 July 16, 2026 8:30 a.m./1:30 p.m.

7. SUSAN J. RONNBACK SMART V. CHARLES A. SMART III 23FL0467

On April 17, 2026, counsel for Petitioner filed a Notice of Motion and Motion to be Relieved as Counsel. The motion was served on both parties on May 6, 2026.

Counsel states that there has been an irreparable breakdown of the attorney-client relationship due to Petitioner’s failure to comply with the Retainer Agreement. The motion is granted pursuant to Aceves v. Sup. Ct., 51 Cal. App. 4th 584 (1996) which states that the court may rely on Counsel’s representation that there is a conflict, or that the attorneyclient relationship has suffered an unrepairable breakdown, without knowing the underlying facts behind those statements. Withdrawal will be effective as of the date of filing the Proof of Service of the formal, signed order upon the client.

TENTATIVE RULING #7: THE MOTION TO BE RELIEVED AS COUNSEL IS GRANTED. WITHDRAWAL WILL BE EFFECTIVE AS OF THE DATE OF FILING PROOF OF SERVICE OF THE FORMAL, SIGNED ORDER UPON THE CLIENT.

NO HEARING ON THIS MATTER WILL BE HELD UNLESS A REQUEST FOR ORAL ARGUMENT IS TRANSMITTED ELECTRONICALLY THROUGH THE COURT’S WEBSITE OR BY PHONE CALL TO THE COURT AT (530) 621-6725 BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07; SEE ALSO LEWIS V. SUPERIOR COURT, 19 CAL.4TH 1232, 1247 (1999). NOTICE TO ALL PARTIES OF A REQUEST FOR ORAL ARGUMENT AND THE GROUNDS UPON WHICH ARGUMENT IS BEING REQUESTED MUST BE MADE BY PHONE CALL OR IN PERSON BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07.

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