Motion To Be Relieved as Counsel of Record

Motion

Cal. Super. - 4th Dist.November 4, 2016

MC-051 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, slate bar number, and address): Thomas F. Nowland (SBN 236824); Daniel A. Brodnax (SBN 266822) I~ LAW OFFICES OF THOMAS F. NOWLAND 20241 SW Birch Street, Suite 203 Newport Beach, CA 92660 TELEPHONE NO. (949) 22 1 -0005 FAX NO: ATTORNEY FOR (Name). HARBOR PITA, INC. (949) 221-0003 NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: Superior Court of California, Eounyisof Orange 700 Civic Center Drive West 700 Civic Center Drive West Santa Ana, CA 92701 BRANCH NAME: Central Justice Center FOR COURT USE ONLY CASE NAME: BALBOA CAPITAL CORPORATION v. HARBOR PITA, INC. CASE NUMBER: 30-2016-00885048 NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL—CIVIL HEARING DATE: April 26, 2018peer: C3 ve: 9:30 a.m.seroreHon: Corey S. Craminpate ACTION FILED: NOvember 4, 2016TRIAL DATE: April 9,2018 TO (name and address of client: HARBOR PITA, INC. 2250 NE 202nd Street, Miami, FL 33180 1. PLEASE TAKE NOTICE that (name of withdrawing attorney): Law Offices of Thomas F. Nowland 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 be relieved as counsel will be held as follows: a. Date: April 26,2018 Time: 9:30 a.m. Dept: C3 Room: b. The address of the court: same as noted above [1 other (specify) 3. This motion is supported by the accompanying declaration, the papers and recordsfiled in this action or proceeding, and the following additional documents or evidence (specify). (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 attorneyis [7] an individual. a corporation [7] a partnership L [7] an unincorporated association. i. [] aguardian. k. [| other (specify): [] a conservator. [] atrustee ~ e a 0 o p (Continued on reverse) Form Adopled lor Mandatory Use Judicial Council of California MC-051 [Rev January 1, 2007) NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL—CIVIL h a personal representative [] a probatefiduciary [ a guardian ad litem Page 1 of 2 Code of Civil Procedure , § 284; Cal. Rules of Cour, rule 3 1362 www courtinfo ca gov MC-051 CASE NAME: CASE NUMBER — BALBOA CAPITAL CORPORATION v. HARBOR PITA, INC. 30-2016-00885048 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 order striking the pleadings or to the entry of a default judgment. . If this motion is granted and a clientis 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, orfail to appearat 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 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 orresuit in your losing the case. Date: March 23, 2018 Daniel A. Brodnax, Esq. y= (SIGNATURGGF-ALIORNEY)(TYPE OR PRINT NAME) Attorney for (name): HARBOR PITA, INC. MC-051 [Rev January 1, 2007] NOTICE OF MOTION AND MOT ION Page 2 of 2 TO BE RELIEVED AS COUNSEL—CIVIL MC-052 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): F OR COURT USE ONLY Thomas F. Nowland (SBN 236824); Daniel A. Brodnax (SBN 266822) LAW OFFICES OF THOMAS F. NOWLAND 20241 SW Birch Street, Suite 203 Newport Beach, CA 92660 TeceproNe No: (949) 221-0005 Faxno: (949) 221-0003 attorney For (vame: HARBOR PITA, INC. nave oF court: Superior Court of California, County of Orange street aooress: 700 Civic Center Drive West mang aooress: 700 Civic Center Drive West crvannzipcooe: Santa Ana, CA 92701 ranch nave: Central Justice Center case Nave: BALBOA CAPITAL CORPORATION v. HARBOR PITA osHN0-2016-00885048 HEARING DATE: April 26, 2018 c . o B s pert: C3 me: 9:30 a.m. DECLARATION IN SUPPORT OF ATTORNEY" : MOTION TO BE RELIEVED AS COUNSEL—CIVIL EREER ContysSCainyoate action Fiteo: November 4, 2016 riALoATE: April 9, 2018 1. Attorney and Represented Party. Attorney (name). Law Offices of Thomas F. Nowland is presently counsel of record for (name of party). HARBOR PITA, INC. in the above-captioned action or proceeding. 2. Reasons for Motion. Attorney makes this motion to be relieved as counsel under Code of Civil Procedure section 284(2) instead of filing a consent under section 284(1) for the following reasons (describe): Harbor Pita, Inc. is in breach ofits retainer agreement. HarborPita, Inc. is consistently uncooperative with counsel. [1 continued on Attachment 2. 3. Service a. Attorney has (1)[__] personally served the client with copies of the motion papers filed with this declaration. A copy of the proof of service will be filed with the court at least 5 days before the hearing 2) [Vv] served the client by mail at the client's last known address with copies of the motion papers served with this declaration. b. If the client has been served by mail at the client's last known address, attorney has (1) confirmed within the past 30 days that the address is current (a)[__] by mail, return receipt requested (b)[__] by telephone (c) by conversation. (d)[__] by other means (specify): (Continued on reverse) Page 1 of 2 Fooa” DECLARATION IN SUPPORT OF ATTORNEY'S cesalenpoadegesJudicial Council of California MC-052 [Rev January 1, 2007) MOTION TO BE RELIEVED AS COUNSEL—CIVIL Rebelkad MC-052 CASE NAME: CASE NUMBER: BALBOA CAPITAL CORPORATION v. HARBOR PITA 30-2016-00885048 3. b. (2)[__] been unable to confirm that the address is current or to locate a more current address for the client after making the following efforts: (a) [_] mailing the motion papers to the client's last known address, return receipt requested (b) [] calling the client's last known telephone number or numbers. (c) [| contacting persons familiar with the client (specify): (d) [__] conducting a search (describe): (e) [__] other (specify): c. Even if attorney has been unable to serve the client with the moving papers, the court should grant attorney's motion to be relieved as counsel of record (explain): 4. The next hearing scheduled in this action or proceeding a. [| is not yet set. b. is set as follows (specify the date, time, and place): c. [__] concerns (describe the subject matter of the hearing): [_] Continued on Attachment 4. 5. The following additional hearings and other proceedings (including discovery matters) are presently scheduled in this case (for each, describe the date, time, place, and subject matter): [1 Continued on Attachment 5 6. Trial in this action or proceeding a. [isnot yet set. b is set as follows (specify the date, time, and place) April 9, 2018; 9:00 a.m.; Dept. C3 7. Other. Other matters that the court should consider in determining whetherto grant this motion are the following (explain): | declare under penalty of perjury underthe laws of the State of California that the foregoing is true and correct Date: March 23, 2018 Daniel A. Brodnax, Esq. (TYPE OR PRINT NAME) 8. Numberof pages attached: ~~ 0 (SIGNATURE OF DECLARANT) ME2052|[Revzel anuanys112007) DECLARATION IN SUPPORT OF ATTORNEY'S Page 20f2 MOTION TO BE RELIEVED AS COUNSEL—CIVIL MC-053 ATTORNEY OR PARTY WITHOUT ATTORNEY (Narne, stale bar number, and address): FOR COURT USE ONLY | Thomas F. Nowland (SBN 236824) Daniel A. Brodnax (SBN 266822) LAW OFFICES OF THOMAS F. NOWLAND 20241 SW Birch Street, Suite 203 Newport Beach, CA 92660 TELEPHONE NO: (949) 221-0005 FAX NO (Optional): (949) 221-0003 E-MAIL ADDRESS (optiona: tom(@nowlandlaw.com; dbrodnax@nowlandlaw.com ATTORNEY FOR (Name): HARBOR PITA, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE street aooress: 700 Civic Center Drive West mang aporess: 700 Civic Center Drive West crvanozipcooe: Santa Ana, CA 92701 srancrname: Central Justice Center CASE NAME: CASE NUMBER: BALBOA CAPITAL CORPORATION v. HARBOR PITA, INC. 30-2016-00885048 rearing bate: April 26, 2018 ORDER GRANTING ATTORNEY'S oepr: C3 me: 9:30 a.m. MOTION TO BE RELIEVED AS COUNSEL—CIVIL BEFORE HON.: Corey S. Cramin ote Acion Fite: November 4, 2016 TRIAL DATE: April 9, 2018 1. The motion of (name of attorney): Law Offices of Thomas F. Nowland to be relieved as counsel of record for (name of client): HARBOR PITA, INC. 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: FINDINGS 3. Attorney has a [] personally served the client with papers in support of this motion. b. served client by mail and submitted a declaration establishing thatthe 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 ofthis signed order upon the client. b. [| effective on (specify date): 6. Theclients [current [v] lastknown address and telephone number: 2250 NE 202nd Street, Miami, FL. 33180 (786) 543-0262 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) b. The hearing will concern (subject matter): NOTICE TO CLIENT You or your new attorney,if any, must prepare for and attend this hearing a Page 10of2 Form Adopted for Mandatory Use ORDER GRANTING ATTORNEY’S Code of Civil Proedure |, § 284; Judicial Council of California Cal Rules of Court, rule 3 1362 MC-053 [Rev January 1, 2007) MOTION TO BE RELIEVED AS COUNSEL—CIVIL www,courtinfo ca gov MC-053 "CASE NAME: ) CASE NUMBER: _ BALBOA CAPITAL CORPORATION v. HARBOR PITA, INC. 30-2016-00885048 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. [1] isnot yet set. b. is set for (specify date, time, and place): April 9, 2018; 9:00 a.m.; Dept. C3 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. Client is 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, orfail to appear at hearings, action may be taken against you. You may lose your case. 12. Client is notified thatit 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 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 resuit 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 2 of 2 MOTION TO BE RELIEVED AS COUNSEL—CIVIL PROOF OF SERVICE (CCP § 1013a(3)) STATE OF CALIFORNIA, COUNTY OF ORANGE [ am employed in the county of Orange, State of California. I am over the age of 18, and not a party to this action. My business address is printed below. : Onthe date stated below, I served the document described below in the manner described below on the persons stated below. XX BY FACSIMILE or EMAIL XX BY MAIL: I placed true copies of the documents described below in sealed envelopes addressed as stated below. XX deposited the envelope(s) in the mail in the City and State stated below. I left the envelopes in the area designated for outgoing mail. I am readily familiar with my firm's practice ofcollection and processing correspondence for mailing. Underthat practice and in the ordinary course ofbusiness, it wouldbe deposited with the U.S. postal service on the same day with postage thereon fully prepaid at the City and State described below. 1am aware that, on motion of the party served, service is presumed invalid ifthe postal cancellation date or postage meter date is more than one day afterthe date ofdeposit for mailing. BY PERSONAL SERVICE:I delivered the envelope(s) personally to Plaintiff’s counsel at court. Document(s) Served: e NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL e DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL e ORDER GRANTING ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL Person(s) served and address(es): Michelle A. Chiongson, Esq. BALBOA CAPITAL CORPORATION 575 Anton Boulevard, 12" Floor Costa mesa, California 92626 michelleacirbalboacapital.com HarborPita, Inc. Attn: Chantal Amsellem 2250 NE 202nd St. Miami, FL 33180 Chantal(@theharbourgrill.com Attorney for: Defendant Harbor Pita, Inc. Date of Service: March 23, 2018 Date Executed: March 23, 2018 Place of Service: Newport Beach, California Place Executed: Newport Beach, California Name and Address of Person Signing: April Horn Law Offices of Thomas F. Nowland 20241 SW Birch Street, Suite 203 Newport Beach, CA 92660 I declare under penalty of perjury under the lawsofthe State of California and of my own personal knowledge that the above is true and correct. Signature: |! AA [ April'Horn