Floyd Mutrux vs. Richard E. Wirick

Motion to Be Relieved as Counsel of Record

Cal. Super. - 4th Dist.August 18, 2016

MC-051 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, slate bar number, and address): FOR COURT USE ONLY JEFFREY S. BENICE, ESQ., State Bar Number 81583 LAW OFFICES OF JEFFREY S. BENICE, APLC 3080 Bristol Street, Sixth Floor, Suite 630 Costa Mesa, California 92626 reterrone no. (714) 641-3600 raxno: (714) 641-3604 attorney For ame) Plaintiff, Floyd Mutrux and Northern Lights, Inc. name oF court Orange County Superior Court street aooress 700 W. Civic Center Drive wang aporess. 700 W. Civic Center Drive crv anpzpcope Santa Ana, CA 92701 sranch nave: Central Justice Center CASE NAME: CASE NUMBER: Mutrux, et al. v. Wirick, et al. 30-2016-00870443 nearing oate: April 28, 2017 NOTICE OF MOTION AND MOTION peer: C22 _ mee 10:00 a.m. TO BE RELIEVED AS BEFOREHON: SErvino COUNSEL—CIVIL pate acTionFiLen: August 18,2016 triaLoate: September 11, 2017 Floyd Mutrux 476 S. Beverly Glen Blvd., Los Angeles, CA 90024 Northern Lights, Inc. 756 S. Beverly Glenn Blvd., Los Angeles, CA 90024 PLEASE TAKE NOTICEthat (name of withdrawing attorney): JEFFREY S. BENICE, ESQ., moves under California Code of Civil Procedure section 284(2) and California Rules of Court, rule 3.1362, for an order permitting the attorneyto be relieved as attorney of record in this action or proceeding. [Reservation 72555317 TO (name and address of client). . A hearing on this motion to be relieved as counsel will be held as follows: a. Date: April 28,2017 Time: 10:00 a.m. Dept. C22 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 proceedin g, and the following additional documents or evidence (specify): 1. Declaration of Jeffrey S. Benice (This motion does not need to be accompanied by a memorandum of points 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. ¢. [| a partnership. i. [_] a probate fiduciary. d. [] an unincorporated association. i. [_] aguardian ad litem. e. [__] aguardian. k. [1 other (specify): f. [1] aconservator. (Continued on reverse) page of 2 FoFeeiUe NOTICE OF MOTION AND MOTION Geeta2% MC-051 {Rev. January 1, 2007] TO BE RELIEVED AS COUNSEL-—CIVIL www. courtinfo.ca.gov MC-051 CASE NAME: CASE NUMBER: — Mutrux, et al. v. Wirick, et al. 30-2016-00870443 NOTICE TO CLIENT If this motion to be relieved as counselis 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 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 lose your case. rules and applicable laws.If you fail to do so, or fail to appear at hearings, action may be taken against you. You may 6. 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 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. If this motion to be relieved as counsel is granted, the court needs to know how to cont act you. If you do not keep the Date: March 20, 2017 JEFFREY S. BENICE, ESQ. » (TYPE OR PRINT NAME) “7 {SIGNATURE OF ATTORNEY) Attorney for (name): Floyd Mutrux & Northern Lights MC-051 [Rev. January 1, 2007] NOTICE OF MOTION AND MOTIO N Page 20f 2 TO BE RELIEVED AS COUNSEL~—CIVIL ~ ~ ~ ~ O N W n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE [ am employed in the City of Costa Mesa, County of Orange, State of California. I am over the age of 18 years and not a party to the within action. My business address is 3080 Bristol Street, Sixth Floor, Suite 630, Costa Mesa, California 92626. On March 20, 2017, I served the documents named below on the parties in this action as follows: DOCUMENT(S) SERVED: NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL-CIVIL; DECLARATION OF JEFFREY S. BENICE; ORDER GRANTING ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL SERVED UPON: See Attached Service List [/] [] [v] [] (BY MAIL) I caused each such envelope, with postage thereon fully prepaid, to be placed in the United States mail at Costa Mesa, California. Iam readily familiar with the practice of the law firm for collection and processing of correspondence for mailing, said practice being that in the ordinary course of business, mail is deposited in the United States Postal Service the same day as it is placed for collection. (BY PERSONAL SERVICE) I delivered to an authorized courier or driver authorized to receive documents to be delivered on the same date. A proofof service signed by the authorized courier will be filed forthwith. (BY OVERNIGHT EXPRESS) Iam readily familiar with the practice of the law firm for collection and processing of correspondence for overnight delivery and know that the document(s) described herein will be deposited in a box or other facility regularly maintained by Overnight Express for overnight delivery. (BY FACSIMILE/ELECTRONIC SERVICE) I caused to be transmitted the document(s) described herein at approximately N/A via the electronic address(es) listed on the attached service list. (STATE) I declare under penalty of perjury under the laws ofthe State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the office of a member ofthe bar of this court, at whose direction this service was made. Executed on March 20, 2017, at Costa Mesa, California. > Ne) Escoto |1 PROOF OF SERVICE-1- f a ~ ~ O N W n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Randall J. Dean CHAPMAN GLUCKSMAN DEAN ROEB & BARGER 11900 W. Olympic Blvd., Suite 800 Los Angeles, CA 90064-0704 E-mail: Counsel for Defendants: Richard E. Wirick; Gilbert Kelly Crowley & Jennett, LLP Floyd Mutrux 476 S. Beverly Glen Blvd Los Angeles, CA 90024 E-mail: fm@floydmutrux.net Northern Lights, Inc. c/o Floyd Mutrux 756 S. Beverly Glen Blvd. Los Angeles, CA 92701 E-mail:fm@tloydmutrux.net PROOF OF SERVICE