ResponseResponseCal. Super. - 4th Dist.November 16, 2017© 00 N N Oo U l B B WwW N B N N N N N N N N N N FB FPR RB B B RR BB FB 92 pF CO N N O O U l BA W N FP O O OW OO YN Oo U l Bp W N FM, O ELECTRONICALLY FILED Superior Court of Califarnia, County of Orange Sandra M. Lefler (CSB# 302296) 10/02/2018 at 01:58:00 PM THE LEFLER LAW FIRM Clerk of the Superior Court 1530 Sun City Blvd, Ste 119 By Monique Ramirez. Deputy Clerk Georgetown, Texas 78633 Telephone: 512-863-7294 Facsimile: 866-583-7294 Attorney for Michael Ragland SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE MICHAEL RAGLAND, an CASE NO. 30-2017-00956187-CU-BC- individual, CJC Plaintiff, PLAINTIFF'S RESPONSE TO v. ORDER TO SHOW CAUSE FOR FAILURE TO APPEAR and NEWPORT COAST CONSULTING, gyppORTING DECLARATIONS OF company, JUDITH NEAL, an individual, and RAGLAND DOES 1 through 100, inclusive, Defendants. Date: October 4, 2018 Time: 9:00 a.m. Dept: C32 Judge: Richard Y. Lee Action Filed: November 16, 2017 Trial Date: None Set Plaintiff Michael Ragland provides the following Response to this Court's Order to Show Cause for Plaintiff Michael Ragland’s failure to appear, and states as follows: 1. This action was filed November 16, 2017. At that time, Plaintiff was represented by attorney | ohn Mendoza. 2. Service was completed on Defendant Yeota Christie only. Counsel for Plaintiff defended a demurrer by Defendant Christie to Plaintiff's original Complaint, then filed his First Amended Complaint (“FAC”). The FAC was also followed by a demurrer, at which point Plaintiff dismissed Defendant Christie without prejudice on J uly 18, 2018. 3. Also on July 18, 2018, counsel for Plaintiff terminated his representation of Plaintiff via email sent to Plaintiff. The email did not advise Plaintiff of any then-pending hearings or other deadlines in the case. A true and correct copy of the email MICHAEL RAGLAND v. NEWPORT COAST CONSULTING, LLC, etal.; Case No. 30-2017-00956187-CU-BC-C) C PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE FOR FAILURE TO APPEAR and SUPPORTING DECLARATIONS OF SANDRA M. LEFLER AND MICHAEL RAGLAND Page 1 of 3 © 00 N N Oo U l B B WwW N B N N N N N N N N N N FB FPR RB B B RR BB FB 92 pF CO N N O O U l BA W N FP O O OW OO YN Oo U l Bp W N FM, O communication from Mr. Mendoza to Plaintiff is attached as Exhibit “A” and the same is incorporated herein by this reference. 4. Unbeknownst to Plaintiff, the Court scheduled a case management conference herein on August 23, 2018. Plaintiff, whose counsel had not withdrawn from the case (but who had signed and emailed a blank substitution of counsel to Plaintiff) did not advise Plaintiff of the CMC scheduling. 5. No one appeared at the August 23, 2018 CMC on behalf of Plaintiff. 6. The Court scheduled an Order to Show Cause for failure to appear on September 27, 2018. Plaintiff did not receive any notice of that setting and was unaware that the court scheduled the matter for hearing. 7. If a hearing was held, no one appeared atthe September 27, 2018 hearing on behalf of Plaintiff. (It is possible that the September 27, 2018, hearing was rescheduled, a detail unclear on the Court's case summary.) 8. By email dated September 26, 2018, former counsel for Plaintiff notified Plaintiff that this Court scheduled a hearing October 4, 2018 herein, and only advised that the Court wanted to know whether Plaintiff intended to proceed with his claims. A true and correct copy of the email communication from Mr. Mendoza to Plaintiff is attached as Exhibit “B” and the same is incorporated herein by this reference. 9. On October, 2018, Plaintiff retained the undersigned counsel to represent him in this case, and a Substitution of Counsel was filed with the Court. 10. Plaintiff does not know why his original attorney, Mr. Mendoza, did not serve process upon the two remaining defendants (Newport Coast Consulting, LLC or Judith Neal). Plaintiffs new undersigned counsel is proceeding with service on said Defendants. A requestforissuance of a Summons on Defendant Neal for service at her residential address will be submitted to the Court Clerk by October 3, 2018. On October 2, 2018, Plaintiff's counsel drafted a Motion for Ex Parte Order authorizing Plaintiff to serve Defendant NCC by service on the California Secretary of State and is awaiting a hearing date from the Court Clerk in order to file the motion. MICHAEL RAGLAND v. NEWPORT COAST CONSULTING, LLC, etal.; Case No. 30-2017-00956187-CU-BC-CJ C PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE FOR FAILURE TO APPEAR and SUPPORTING DECLARATIONS OF SANDRA M. LEFLER AND MICHAEL RAGLAND Page 2 of 3 © © 00 N N O O Oa ~~ W O N N N N D ND ND ND ND D M D N D I D N D 2 ad ay a y e y a e A a e a © N N O O OO bh W N 2 O O © O N O O Oo A W N a 11. Plaintiff is also filing a Case Management Statement herein contemporaneously with this Response. 12. Plaintiff asks the Court to retain this case, permit its new counsel to serve the defendants, and proceed with the merits of this case. 13. The Declarations of Sandra M. Lefler and Michael Ragland in support of this Response are submitted herewith and are attached as Exhibits “C” and “D” and incorporated in their entirety herein by reference. Dated October 2, 2018. Sho M. LEELER THE LEFLER LAW FIRM ATTORNEY FOR PLAINTIFF MICHAEL RAGLAND v. NEWPORT COAST CONSULTING, LLC, et al.; Case No. 30-2017-00956187-CU-BC-CJC PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE FOR FAILURE TO APPEAR and SUPPORTING DECLARATIONS OF SANDRA M. LEFLER AND MICHAEL RAGLAND Page 3 of 3 EXHIBIT 'A' Sandra Lefler From: j7@reagan.com Sent: Wednesday, July 18, 2018 10:49 AM To: mikerteamheat@aol.com Cc: Sandra Lefler Subject: RAGLAND: Dismissal and Termination Michael, I will dismiss Yeota Christie today, without prejudice, and will make sure the demurrer hearing is cancelled. The deposition of Yeota Christie is moot because she is no longer a party. After much consideration, I have decided to terminate our attorney-client relationship. I'll send you my final accounting tomorrow. Sincerely, John J. Mendoza, Esq. Law Offices of John J. Mendoza 17011 Beach Blvd., Suite 900 Huntington Beach, CA 92647 T: 714-274-3297 Email: j7@reagan.com This message is intended solely for the addressee, and it may contain privileged and confidential information, and/or attorney work product. If you are not the intended recipient, please delete all copies of the message and its attachments and notify the sender immediately, as dissemination of this communication is strictly prohibited. EXHIBIT "B" Sandra Lefler EEETEER] Ee EF (re pT re Le La Gy BT eee TV oye ar Fo Pogo? OO From: mikerteamheat@aol.com Sent: Wednesday, September 26, 2018 9:31 AM To: Sandra Lefler Subject: Fwd: Good Morning Sandy please see below Regards Sent from my iPhone Begin forwarded message: From: j7(@reagan.com Date: September 26, 2018 at 5:11:39 AM PDT To: "Michael Ragland" Michael, | have not heard from you since | elected to terminate our attorney/client relationship. | have also not heard from you regarding the Court's scheduling an Order to Show Cause hearing regarding the prosecution of this case--basically the court wants to know if you are going to serve the other defendants or provide your reasons for some other strategy. Nor have | heard from you regarding my request to be substituted out of the case. You were accepting the advice of Sandra Lefler at the time, so | thought it would be a quick substitution. The Order to Show Cause hearing is set for October 4, 2018 at 9:00 am in Dept. C32 of the Orange County Superior Court. Let me know if you intend to substitute another attorney, as | plan to file a motion to be relieved as counsel if | do not hear from you soon. Sincerely, John J. Mendoza, Esq. Law Offices of John J. Mendoza 17011 Beach Blvd., Suite 900 Huntington Beach, CA 92647 T: 714-274-3297 Email: j7@reagan.com This message is intended solely for the addressee, and it may contain privileged and confidential information, and/or attorney work product. If you are not the intended recipient, please delete all copies of the message and its attachments and notify the sender immediately, as dissemination of this communication is strictly prohibited. © 00 N N Oo U l B A WwW N B N N N N N N N N N N FB FPR RB B B RR BB FB 92 pF CO N N O O U l BA W N FP O O OW OO YN Oo U l Bp W N FM, O EXHIBIT "C" Sandra M. Lefler (CSB# 302296) THE LEFLER LAW FIRM 1530 Sun City Blvd, Ste 119 Georgetown, Texas 78633 Telephone: 512-863-7294 Facsimile: 866-583-7294 Attorney for Michael Ragland SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE MICHAEL RAGLAND, an individual, CASE NO. 30-2017-00956187-CU-BC- CJC Plaintiff, v. DECLARATION OF SANDRA M. LEFLER NEWPORT COAST CONSULTING, LLC, a Nevada limited liability IN SUPPORT OF company, JUDITH NEAL, an individual, and ; DOES 1 through 100, inclusive, PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE FOR — FAILURE TO APPEAR Date: October 4, 2018 Time: 9:00 a.m. Dept: C32 Judge: Richard Y. Lee Action filed: November 16, 2017 Trial Date: None Set The undersigned SANDRA M. LEFLER, of lawful age, declares and states as follows: 1. | have personal knowledge of the matters and things herein setforth. I am overthe age of 18 years and | am competent to provide the information contained herein. 2. | am a resident of Williamson County, Texas. 3. | am the attorney of record for Plaintiff Michael Ragland in Case No. 30- 2017-00956187-CU-BC-CJ C, in the Superior Court of Orange County, California (this “Litigation”). 4. From a review of the Court's online summary of action in this case, the following appears to be an accurate representation of the action taken in this case: MICHAEL RAGLAND v. NCC COAST CONSULTING, LLC, etal.; Case No. 30-2017-00956187-CU-BC-CJ C DECLARATION OF SANDRA M. LEFLER IN SUPPORT OF PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE FOR FAILURE TO APPEAR Page 1 of 2 © © 00 N N O O Oo Hh W N a ND ND ND ND ND ND ND NM DN 2 a a a Aa am a dy o a o a o a ® N N O O ga BA W O N 2 O © 0 ~N O O gO Hh W O N A. Plaintiff's Original Complaint was filed herein November 16, 2017. At that time, Plaintiff was represented by attorney John Mendoza. B. Service was completed on Defendant Yeota Christie only. Counsel for Plaintiff defended a demurrer by Defendant Christie to Plaintiff's original Complaint, then filed his First Amended Complaint (“FAC”). The FAC was also followed by a demurrer, at which point Plaintiff dismissed Defendant Christie without prejudice on July 18, 2018. 5. On October 1, 2018, Plaintiff retained the undersigned counsel to represent him in this case, and a Substitution of Counsel was filed with the Court. 6. I do not know why Plaintiff's original attorney, Mr. Mendoza, did not serve process upon the two remaining defendants (Newport Coast Consulting, LLC or Judith Neal). | am proceeding with service on said Defendants. A request for issuance of a Summons on Defendant Neal for service at her residential address will be submitted to the Court Clerk by October 3, 2018. On October 2, 2018, | prepared a Motion for Ex Parte Order authorizing Plaintiff to serve Defendant NCC by service on the California Secretary of State. As of the filing of this Declaration, we are attempting to obtain a telephonic setting of that motion for hearing in order to then enable us to file that ex parte Motion. Fi I am also filing a Case Management Statement herein contemporaneously with this Response. 8. | ask the Court to retain this case, permit me as new counsel to serve the defendants, and proceed with the merits of this case. Dated October 2, 2018. (ahd. SANDRA M. LEFLER THE LEFLER LAW FIRM ATTORNEY FOR PLAINTIFF MICHAEL RAGLAND v. NCC COAST CONSULTING, LLC, et al.; Case No. 30-2017-00956187-CU-BC-CJC DECLARATION OF SANDRA M. LEFLER IN SUPPORT OF PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE FOR FAILURE TO APPEAR Page 2 of 2 — © OW oo ~N oO ug hh O N EXHIBIT "D" Sandra M. Lefler (CSB# 302296) THE LEFLER LAW FIRM 1530 Sun City Blvd, Ste 119 Georgetown, Texas 78633 Telephone: 512-863-7294 Facsimile: 866-583-7294 Attorney for Michael Ragland SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE MICHAEL RAGLAND, an individual, CASE NO. 30-2017-00956187-CU-BC- CJC Plaintiff, Vv. DECLARATION OF MICHAEL RAGLAND NEWPORT COAST CONSULTING, LLC, a Nevada limited liability company, DOES 1 through 100, inclusive, PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE FOR Defendants. FAILURE TO APPEAR IN SUPPORT OF Date: October 4, 2018 Time: 9:00 a.m. Dept: C32 Judge: Richard Y. Lee Action filed: November 16, 2017 Trial Date: None Set The undersigned MICHAEL RAGLAND, of lawful age, declares and states as follows: 1. I have personal knowledge of the matters and things herein set forth. | am over the age of 18 years and | am competent to provide the information contained herein. 2. | am a resident of Huntington Beach, California. 3. | am the Plaintiff in Case No. 30-2017-00956187-CU-BC-CJC, in the Superior Court of Orange County, California (this “Litigation”). 4. On July 18, 2018, my attorney John Mendoza terminated his representation of me via email sent to me. The email did not advise me of any then- pending hearings or other deadlines in the case. Mr. Mendoza did not advise the court MICHAEL RAGLAND v. NCC COAST CONSULTING, LLC, et al.; Case No. 30-2017-00956187-CU-BC-CJC DECLARATION OF MICHAEL RAGLAND IN SUPPORT OF PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE FOR FAILURE TO APPEAR Page 1 of 2 — k oo ~N oO a hh W N 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of any new service address for me. A true and correct copy of the email communication from Mr. Mendoza to me is attached as Exhibit “A” and the same is incorporated herein by this reference. 5. | retained new counsel on October 1, 2018. 6. Unbeknownst to me, my new attorney Sandra M. Lefler advised me that the Court apparently scheduled a case management conference herein on August 23, 2018. | was never advised of the CMC setting, and Mr. Mendoza did not appear on my behalf. 7 No one appeared at the August 23, 2018 CMC on my behalf. 8. The Court scheduled an Order to Show Cause for failure to appear on September 27, 2018. | did not receive any notice of that setting and was unaware that the court scheduled the matter for hearing. 9. No one appeared at the September 27, 2018 hearing on my behalf. 10. By email dated September 26, 2018, Mr. Mendoza, my former counsel, notified me that this Court scheduled a hearing October 4, 2018 herein, and only advised me that the Court wanted to know whether | intended to proceed with my claims. A true and correct copy of the email communication from Mr. Mendoza to Plaintiff is attached as Exhibit “B” and the same is incorporated herein by this reference. 11. Ms. Lefler has now advised me that the apparent purpose of the October 4, 2018, hearing is actually for failure to appear at prior hearings of which | had no knowledge. 12. Ido not know why my original attorney, Mr. Mendoza, did not serve process upon the two remaining defendants (Newport Coast Consulting, LLC or Judith Neal). Dated October 2, 2018. MICHAEL RAGLAN MICHAEL RAGLAND v. NCC COAST CONSULTING, LLC, et al.; Case No. 30-2017-00956187-CU-BC-CJC DECLARATION OF MICHAEL RAGLAND IN SUPPORT OF PLAINTIFF'S RESPONSE TO ORDER TO SHOW CAUSE FOR FAILURE TO APPEAR Page 2 of 2 EXHIBIT 'A' Sandra Lefler From: j7@reagan.com Sent: Wednesday, July 18, 2018 10:49 AM To: mikerteamheat@aol.com Cc: Sandra Lefler Subject: RAGLAND: Dismissal and Termination Michael, I will dismiss Yeota Christie today, without prejudice, and will make sure the demurrer hearing is cancelled. The deposition of Yeota Christie is moot because she is no longer a party. After much consideration, I have decided to terminate our attorney-client relationship. I'll send you my final accounting tomorrow. Sincerely, John J. Mendoza, Esq. Law Offices of John J. Mendoza 17011 Beach Blvd., Suite 900 Huntington Beach, CA 92647 T: 714-274-3297 Email: j7@reagan.com This message is intended solely for the addressee, and it may contain privileged and confidential information, and/or attorney work product. If you are not the intended recipient, please delete all copies of the message and its attachments and notify the sender immediately, as dissemination of this communication is strictly prohibited. EXHIBIT "B" Sandra Lefler EEETEER] Ee EF (re pT re Le La Gy BT eee TV oye ar Fo Pogo? OO From: mikerteamheat@aol.com Sent: Wednesday, September 26, 2018 9:31 AM To: Sandra Lefler Subject: Fwd: Good Morning Sandy please see below Regards Sent from my iPhone Begin forwarded message: From: j7(@reagan.com Date: September 26, 2018 at 5:11:39 AM PDT To: "Michael Ragland" Michael, | have not heard from you since | elected to terminate our attorney/client relationship. | have also not heard from you regarding the Court's scheduling an Order to Show Cause hearing regarding the prosecution of this case--basically the court wants to know if you are going to serve the other defendants or provide your reasons for some other strategy. Nor have | heard from you regarding my request to be substituted out of the case. You were accepting the advice of Sandra Lefler at the time, so | thought it would be a quick substitution. The Order to Show Cause hearing is set for October 4, 2018 at 9:00 am in Dept. C32 of the Orange County Superior Court. Let me know if you intend to substitute another attorney, as | plan to file a motion to be relieved as counsel if | do not hear from you soon. Sincerely, John J. Mendoza, Esq. Law Offices of John J. Mendoza 17011 Beach Blvd., Suite 900 Huntington Beach, CA 92647 T: 714-274-3297 Email: j7@reagan.com This message is intended solely for the addressee, and it may contain privileged and confidential information, and/or attorney work product. If you are not the intended recipient, please delete all copies of the message and its attachments and notify the sender immediately, as dissemination of this communication is strictly prohibited.
