Motion: To Be Relieved as Counsel

Motion

Cal. Super. - 6th Dist.March 9, 2018

MC-051 ATTORNEY OR PARTY WITHOUTATTORNEY (Name, slate bar number, end address): FOR COURTUSE ONLY Richard Alexander/Nina Shapirshteyn (48432/251122) — Alexander Law Group LLP 99 Almaden Blvd., Suite 575 San Jose, CA 95113 ecerrone no. 408.289.1776 raxno: 408.287.1776 ATTORNEY FOR vamey: 10dd Payton name or court: Santa Clara Superior Court seeTaopress: 191 N. First Street mauaooress: 191 N. First Street cvanozecope: San Jose, CA 95113 BRANCH NAME: CASE NAME: CASE NUMBER: Payton v. Pham 18CV324749 nearnve pate: March 7, 2019 NOTICE OF MOTION AND MOTION oer: 9 we 9 AM. TO BE RELIEVED AS serore on: Mary E. Arand COUNSEL—CIVIL oate acTion rien: March 9, 2018 TRIALDATE: One set TO (name and address ofclient): Todd Payton, 433 S. 7th Street, Apt. No. 3, San Jose, CA 95112 1. PLEASE TAKE NOTICEthat (name of withdrawing attomey): Nina Shapirshteyn moves under California Code of Civil Procedure section 284(2) and California Rules of Court,rule 3.1362, fo r an order permitting the attorneyto be relieved as attorney ofrecord in this action or proceeding. 2. A hearing on this motion to be relieved as counsel will be held as follows: a. Date: March 7, 2019 Time: 9 A.M. Dept.: 9 Room: b. The address of the court: same as noted above [| other (specify): 3. This motion is supported by the accompanying declaration, the papers and records filed in this action or proce eding, and the following additional documents or evidence (specify): (This motion does not need to be accompanied by a memorandum ofpoints and authorities. Cal. Rules of Court, rule 3. 1362.) 4. The client presently represented by the attorney is a. an individual. g. [_] atrustee. b. [_] a corporation. h. [__] a personal representative. c. [_] a partnership. i. [_] a probate fiduciary. d. [_] an unincorporated association. j. [_] a guardian ad litem. e. [_] aguardian. k. [_] other (specify): f. [_] a conservator. (Continued on reverse) Page of 2 FormAdoptedforMandatorya= NOTICE OF MOTION AND MOTION Pepte bbkod MC-051 [Rev. January 1, 2007) TO BE RELIEVED AS COUNSEL—CIVIL www.courtinfo.ca.gov MC-051 CASE NAME: CASE NUMBER: — Payton v. Pham 18CV324749 NOTICE TO CLIENT If this motion to be relieved as counsel is granted, your present attorney will no longer be representing you. You may not in most cases represent yourself if you are one of the parties on the following list: * A guardian * A personal representative * A guardian ad litem * A conservator * A probate fiduciary * An unincorporated association + A trustee + A corporation If you are one of these parties, YOU SHOULD IMMEDIATELY SEEK LEGAL ADVICE REGARDING LEGAL REPRESENTATION. Failure to retain an attorney may lead to an orderstriking the pleadings or to the entry of a default judgment. . If this motion is granted and a client is representing himself or herself, the client will be solely responsible for the case. NOTICE TO CLIENT WHO WILL BE UNREPRESENTED If this motion to be relieved as counselis granted, you will not have an attorney representing you. You may wish to seek legal assistance.If you do not have a new attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be representing yourself. It will be your responsibility to comply with all court rules and applicable laws. If you fail to do so, orfail to appear at hearings, action may be taken against you. You may lose your case. 6. If this motion is granted, the client must keep the court informed ofthe client's current address. NOTICE TO CLIENT WHO WILL BE UNREPRESENTED If this motion to be relieved as counselis granted, the court needs to know how to contact you. If you do not keep the court and otherparties informed of your current address and telephone number, they will not be able to send you notices of actions that may affect you, including actions that may adversely affect your interests or result in your losing the case. Date: November 28, 2018 Nina Shapirshteyn b (TYPE OR PRINT NAME) PsOF ATTORNEY) Attorney for (name): odd Payton MC-051 [Rev. January 1, 2007) NOTICE OF MOTION AND MOTION PR TO BE RELIEVED AS COUNSEL—CIVIL 99 Almaden Boulevard, Suite 575, San Jose, California 95113. Tam a citizen of the United States of America, overthe age of 18 and not a party to the within action. On this date,I served the attached on the following parties in the manner shown. X PROOF OF SERVICE I am employed in the County of Santa Clara, State of California; my business address is Plaintiff at plaintiff's current residence address: Todd Payton 433 S. 7" Street, Apt. No. 3 San Jose, CA 95112 Jerome P. Bellotti Hartsuyker, Stratman & Williams-Abrego P.O. Box 258829 Oklahoma City, OK 73125-8829 (BY MAIL) I am readily familiar with the firm’s practice for the processing of mail; on this date, the above-referenced documents were placed for collection and delivery by the U.S. Postal Service following ordinary business practices. (BY OVERNIGHT DELIVERY) I am readily familiar with the firm’s practice for the processing of documents for delivery services; on this date, the above-referenced documents were placed for collection and delivery following ordinary business practices. (BY ELECTRONIC FILING) On this date I provided the documents(s) listed above electronically through the Court's electronic filing service provider pursuant to the instructions on that website. (BY E-MAIL) On this date, the above-referenced documents were converted to electronic files and e-mailed to the addresses shown. (BY MESSENGER SERVICE) I caused the above documents to be delivered by a professional messengerservice. I declare the truth of the foregoing under penalty of perjury pursuant to the laws of the State of California. VrMantoura Dated: November 28. 2018 PROOF OF SERVICE OF ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL-CIVIL