Charles Wherritt vs. Terramar Partners, LLC

Order Granting Attorneys Motion to be Relieved as Counsel

Cal. Super. - 4th Dist.February 18, 2015

ELECTRONICALLY RECEIVED Superior Court of California, County of Orange Chek fm Sr Ot MC-053 ATTORNEY OR PARTY WITHOUT ATTORNEY (Nar By Enrique \eloz, Deputy Clerk FOR COURT USE ONLY | _ Laura M. Knox-Raphael, Esq. SBN: 130334 THE KNOX-RAPHAEL LAW FIRM 9210 Irvine Center Drive Irvine, CA 92618 TeLeproNe NO: (949) 660-1609 FAX NO. (Optional: (949) 660-1647 EMalL ADDRESS (opiona): Lknox@knoxraphael-law.com ATTORNEY FOR (vame): Plaintiffs SUPERIOR COURT OF CALIFORNIA, COUNTY OF Orange street aporess: 700 Civic Center Drive, West MAILING ADDRESS: cry anozipcooe: Santa Ana, CA 92701 srancHname: Central Justice Center CASE NAME: CASE NUMBER: Charles Wherritt, et al. v. Terramar Partners, LLC, et al. 30-2015-00772339-CU-FR-CIC rearng oate: July 21, 2016 ORDER GRANTING ATTORNEY'S oer: C16 me 1:30 P.M. MOTION TO BE RELIEVED AS COUNSEL—CIVIL serore von: James Di Cesare pateactionFiep: February 18, 2015 rriapate: February 21, 2017 1. The motion of (name of attorney): Laura M. Knox-Raphael, and The Knox-Raphael Law Firm to be relieved as counsel of record for (name of client): Charles Wherritt ' a party to this action or proceeding, came on regularly for hearing at the date, time, and place indicated above. 2. The following persons were present at the hearing: Laura M. Knox-Raphael, and The Knox-Raphael Law Firm; and Charles Wherritt FINDINGS 3. Attorney has a [J] personally served the client with papers in support of this motion. b. served client by mail and submitted a declaration establishing that the service requirements of California Rules of Court, rule 3.1362, have been satisfied. 4. Attorney has shown sufficient reasons why the motion to be relieved as counsel should be granted and why the attorney has brought a motion under Code of Civil Procedure section 284(2) instead of filing a consent under section 284(1). ORDER 5. Attorney is relieved as counsel of record for client a. effective upon the filing of the proof of service of this signed order upon the client. b. [_] effective on (specify date): 6. The client's current [J lastknown address and telephone number: 23921 Sofia Street, Mission Viejo, CA 92691; Telephone: (949) 933-7266 If the client's current address is known, service on the client must hereafter be made at that address unless otherwise ordered in item 13. If the current address is not known, service must be made according to Code of Civil Procedure section 1011 (b) and rule 3.252 of the California Rules of Court. ‘ 7. a. The next scheduled hearing in this action or proceeding is set for (date, time, and place): 1/20/17 at 9:00 a.m - Mandatory Settlement Conference; OCSC-CJC Dept. C16 b. The hearing will concem (subject matter): Mandatory Settlement Conference NOTICE TO CLIENT You or your new attorney, if any, must prepare for and attend this hearing. Page 1 of 2 Form Adopted for Mandatory Use ORDER GRANTING ATTORNEY'S Code of Civil Proadure., § 284; CC er] MOTION TO BE RELIEVED AS COUNSEL—CIVIL eos MC-053 CASE NAME: CASE NUMBER: Charles Wherritt, et al. v. Terramar Partners, LLC, et al. 30-2015-00772339-CU-FR-CJC 8. The following additional hearings and other proceedings (including discovery matters) are set in this action (describe the date, time, place, and subject matter of each): 9. The trial in this action or proceeding: a. [J is not yet set. b. is set for (specify date, time, and place): February 21, 2017 9:00 a.m., Orange County Superior Court, Central Justice Center, Dept. C16 10. Client is hereby notified of the following effects this order may have upon parties. NOTICE TO CLIENT 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 + Atrustee + 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 order striking the pleadings or to the entry of a default judgment. 11. Clientis notified that, if the client will be representing himself or herself, the client shall be solely responsible for the case. NOTICE TO CLIENT WHO WILL BE UNREPRESENTED 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, or fail to appear at hearings, action may be taken against you. You may lose your case. 12. Clientis notified that it is the client's duty to keep the court informed at all times of the client's current address. NOTICE TO CLIENT WHO WILL BE UNREPRESENTED The court needs to know how to contact you. If you do not keep the court and other parties 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. 13. The court further orders (specify): Date: JUDGE OR JUDICIAL OFFICER MC-053 (Rev. January 1, 2007] ORDER GRANTING ATTORNEY'S Page 20f2 MOTION TO BE RELIEVED AS COUNSEL—CIVIL wn SN w o ro Oo 0 NN O N PROOF OF SERVICE STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) [ am employed in the County of Orange, State of California. I am over the age of 18 and am not a party to the within action. My business address is 9210 Irvine Center Drive, Irvine, California 92618. On July 22, 2016, I served the forgoing document described as [PROPOSED] ORDER GRANTING ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL on all parties on this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: u BY MAIL: I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on the same day with postage thereon fully prepaid at Irvine, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. Oo BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the offices of the addresses. 0 BY OVERNIGHT COURIER: I caused the envelope, with delivery charges prepaid, to be sent by Overnight Express or Federal Express, to the addressee as follows: o VIA FACSIMILE: I forwarded a true and correct copy of the above-described documents to the parties named in the service list via the facsimile numbers listed herein: o VIA ELECTRONIC EMAIL SERVICE: I forwarded a true and correct copy of the above- described documents to the parties named in the service list via the electronic email listed herein: Oo VIA ELECTRONIC SERVICE: Recipient has registered for E-Service in this Action and was selected for E-Service at the time of filing. (C.R.C. §2.251 (b)(1)(B)) [as indicated] u (STATE) I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct. o (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose discretion the service was made. Executed on July 22, 2016, at Irvine, California Mm Cam~— Mar Carrera PROOF OF SERVICE OCSC CASE NO. 30-2015-00772339 © 0 N N O N nn A W N R O N ND R D N N N N e e e e e t e t e m e s e t e a CO ~~ O N hh hR W N = O VO N N N R W = O SERVICE LIST WHERRITT, et al. v. TERRAMAR PARTNERS, LLC, et al. ORANGE COUNTY SUPERIOR COURT CASE NO: 30-2015-00772339 VIA USPS FIRST CLASS MAIL: Bradley L. Jacobs, Esq. BRADLEY L. JACOBS, ATTORNEY AT LAW, APC 501 West Broadway, Suite 1650 San Diego, CA 92101 Tel: (619) 233-9503 Fax: (619) 233-3730 Email: blj@attorneybradjacobs.com Charles Wherritt 23921 Sofia Street Mission Viejo, CA 92691 Attorneys for Defendants Terramar Partners, LLC, Gregory A. Stuman, Lloyd D. Stuman, and Jeff Lindikoff PROOF OF SERVICE OCSC CASE NO. 30-2015-00772339