Citibank, N.A. vs. Jennifer L Arellano

Motion to Be Relieved as Counsel of Record

Cal. Super. - 4th Dist.August 16, 2016

MC-051 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, slale bar number, and address): FOR COURTUSEONLY Curtis Molloy, Esq. (#206866) | 42 Shepherd Center 2401 Northwest Twenty-Third Street Oklahoma City, OK 73107 Teceprone No: (405) 601-7021 raxno: (405) 421-9166 attorney For (vame: JENNIFER LL. ARELLANO name oF court: Superior Court of California, County of Orange svreeraporess: 700 Civic Center Drive West, Rm D-110 main aooress: 700 Civic Center Drive West, Rm D-110 crvannzircope: Santa Ana, CA 92701 BRANCH NAME: Central Justice Center, Civil Division CASE NAME: CASE NUMBER: Citibank, N.A. v. JENNIFER L. ARELLANO 30-2016-00869418-CL-CL-CJC HEARING DATE: NOTICE OF MOTION AND MOTION DEPT.: TIME: TO BE RELIEVED AS BEFORE HON: COUNSEL—CIVIL DATE ACTION FILED: TRIAL DATE: TO (name and addressof client): Jennifer L. Arellano 931 Kirby Drive, La Habra, CA 90631 1. PLEASE TAKE NOTICE that (name of withdrawing attorney): Curtis Molloy moves under California Code of Civil Procedure section 284(2) and California Rules of Court, rule 3.1362, for an order permitting the attorney to be relieved as attorney of record in this action or proceeding. 2. A hearing on this motion to berelieved as counsel will be held as follows: a. Date: July 20,2017 Time: 9:30 am Dept: C03 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 proceeding, 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 bythe attorney is a an individual. g. [| atrustee. b. [_] a corporation. h. [| a personal representative. ¢. [_] a partnership. i. [_] a probate fiduciary. d. [J an unincorporated association. jo [_] aguardian ad litem. e. [_] aguardian. k. [1 other (specify): tf. [] a conservator. (Continued on reverse) Page 1 of 2 Form Adopted for Mandatory Use Code of Civil Procedure , 284;dicialCoungl of Caifornia NOTICE OF MOTION AND MOTION JCal. Rules of Court, rule 3.1362MC-051 [Rev. January 1, 2007) TO BE RELIEVED AS COUNSEL—CIVIL Wi.Courtinfo.ca.gov MC-051 CASE NAME: CASE NUMBER: — Citibank, N.A. v. JENNIFER L. ARELLANO 30-2016-00869418-CL-CL-CJC 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 maylead to an order striking the pleadings orto the entry of a default judgment. 5. 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 counsel is 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, or fail to appear at hearings, action may be taken against you. You may lose your case. . If this motion is granted, the client must keep the court informed of the client's current address. NOTICE TO CLIENT WHO WILL BE UNREPRESENTED If this motion to be relieved as counsel is granted, 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. pate: June 12,2017 7 Curtis Molloy » y, 7 (TYPE OR PRINT NAME) ; 7%" (SIGNATURE OF ATTORNEY) wonder (name): Jennifer L. Arellano MC-051 {Rev. January 1, 2007} NOTICE OF MOTION AND MOTION Page 2 of 2 TO BE RELIEVED AS COUNSEL—CIVIL MC-031 L pLaiNTIFFPETITIONER: CITIBANK, NLA. CASE NUMBER: DEFENDANT/RESPONDENT: JENNIFER L. ARELLANO 30-2016-00869418-CL-CL-CIC DECLARATION (This form must be attached to another form or court paper before it can be filed in court.) Curtis Molloy (herein "Counsel"), counsel for the Defendant, Jennifer L. Arellano, (herein "Defendant"),files this Motion to Withdraw as attorney ofrecord and respectfully shows the Court as follows: 1. On September21, 2016, Plaintiff, Citibank, N.A.filed a complaint against the Defendant and obtained service on November18, 2016. 2. On November 18, 2016 the Defendantentered into an agreement with Counsel to provide Legal Representation in the above referenced matter, 3. On January 4, 2017, Counsel forthe Defendantfiled his Answer to Plaintiff's Complaint with the Superior Court of California. 4. Defendant has advised counsel of herintent to resolve this matter through other means. 5. On April 26, 2017, counsel sent to client a Substitution ofAttorney to be signed, dated and returned to National Litigation Law Group. To date, client has failed to return the signed substitution of attorney or to respond in any matter whatsoever. 6. Multiple attempts have been made to communicate with the Defendant, by Counsel and NLLG legal staff, with the last attempt made on June 12, 2017, but Ms. Arellano hasfailed to respond. WHEREFORE, Curtis Molloy requests that he be permitted to withdraw as legal counsel for the Defendant Jennifer L. Arellano, and that he have no furtherresponsibility in this cause of action. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: June 12, 2017 7 ry SIL / ; 7 (SIGNATURE OF DECLARANT) C1 Wl [J Plaintiff [1 Petitioner [] Defendant [] Respondent [1 Other (Specify): Curtis Molloy (TYPE OR PRINT NAME) dichCounofRaviLeo ATTACHED DECLARATION MC-031 [Rev. July 1, 2005] Page 10f 1