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Kevin R. Nimmons; Meghan K. Woodsome Cory T. Baker SBN: 261577; 272459; 315763
Reicker, Pfau, Pyle & McRoy LLP ELECTRONICALLY FILED
1421 State Street, Suite B Superior Court of California
Santa Barbara, CA 93101 County of Santa Barbara
805-966-2440 805-966-3320 Darrel E. Parker, Executive Officer
Andrew Waters, FCP Private, LLC, and FCP Corporate, Ltd. 10/12/2021 3:52 PM
Superior Court of California, County of Santa Barbara By: Elizabeth Spann, Deputy
1100 Anacapa Street
P.O. Box 21107
Santa Barbara, 93121-1107
Santa Barbara - Anacapa Division
MARK SCHAUB, et al. v. ANDREW WYLES WATERS, et al.
20CV02113
January 7, 2022
4 10:00 a.m.
Donna D. Geck
June 23, 2020
Not yet set
Kevin R. Nimmons, Meghan K. Woodsome, Cory T. Baker/Reicker, Pfau, Pyle & McRoy LLP
Andrew Waters, FCP Private, LLC, and FCP Corporate, Ltd.
Substitution is required due to a material breakdown in the attorney-client relationship. The breakdown in
the attorney-client relationship has rendered it unreasonably difficult for the attorney to carry out the
employment effectively. The facts and circumstances surrounding such breakdown are required to be kept
confidential pursuant to Rule 3-100 of the Rules of Professional Conduct.
X
X
X Email confirmation from client
MC—052
CASE NAME: MARK SCHAUB, et al. v. ANDREW WYLES WATERS, et al. CASE NUMBER:
20CV02113
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. X is set as follows (specify the date, time, and place):
October 29, 2021 at 8:30 a.m. in Dept. 4
c. X concerns (describe the subject matter of the hearing):
Case Management Conference
Continued on Attachment 4.
5. The following additional hearings and other proceedings (including discovery matters) are presently scheduled in this case(foreach,
describe the date, time, place, and subject matter):
Continued on Attachment 5.
6. Trial in this action or proceeding
a. X is not yet set.
b. is set as follows (specify the date, time, and place):
7. Other. Other matters that the court should consider indetermining whether to grant this motion are the following (explain):
ldeclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: October 12, 2021 REICKER, PFAU, PYLE & McROY LLP
Kevin R. Nimmons
(TYPE OR PRINT NAME)
,lya/m/ (SIGNATURE OF DECLARANT)
8. Number of pages attached:
“my
M0052 [ReV-
IN SUPPORT 0F ATTORNEY's Page 2 °'2
1’ 20°71
DECLARATION
MOTION To BE RELIEVED As COUNSEL—CIVIL
1 PROOF OF SERVICE
2 I, the undersigned, say that I am a citizen of the United States, over 18 years of age, and
not a party to the within action. I am employed by the law firm of Reicker, Pfau, Pyle & McRoy
3
LLP, 1421 State Street, Ste. B, Santa Barbara, California 93101.
4
On October 12, 2021, I served the within: DECLARATION IN SUPPORT OF
5 ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL-CIVIL on the interested
parties listed below, as follows:
6
BY MAIL
7 Andrew Waters
FCP Private, LLC
8 FCP Corporation, LTD
5325 County Road 100
9 Carbondale, CO 81623
10 BY ELECTRONIC SERVICE
Matthew Donald Umhofer / Diane H. Bang
11 SPERTUS, LANDES & UMHOFER, LLP
1990 South Bundy Dr., Suite 705
12 Los Angeles, California 90025
Telephone: (310) 826-4700
13 Facsimile: (310) 826-4711
Email: matthew@spertuslaw.com
14 Email: diane@spertuslaw.com
15 (X) (By Mail) I caused such document to be mailed in a sealed envelope, by first-class mail,
postage fully prepaid. I am “readily familiar” with this firm’s practice of collection and
16 processing correspondence for mailing. It is deposited with the U.S. postal service on
that same day in the ordinary course of business. I am aware that on motion of party
17 served, service is presumed invalid if the postal cancellation date or postage meter date is
more than one (1) day after the date of deposit for mailing as stated in this declaration.
18
( ) (By Personal Service) I caused such document to be delivered by hand.
19
(X) ((By E-MAIL [CCP § 1010.6(a)(2)) On the date indicated on this Proof of Service, at
20 the time indicated on in the header of my electronic mail, I transmitted the foregoing
document(s) by electronic mail to one or more of the recipients at each firm indicated on
21 this Proof of Service. I caused the my computer to print or maintain a record of the
electronic mail to the recipients named in this Proof of Service, a true and correct copy of
22 which has been retained by Reicker, Pfau, Pyle & McRoy LLP in either hard copy or
electronic format in the ordinary course of business and is available for inspection if
23 necessary.
24 (X) (State) I declare under penalty of perjury pursuant to the laws of the State of California
that the foregoing is true and correct.
25
Executed October 12, 2021, at Santa Barbara, California.
26
27
____________________________
28 Susie Hernandez
PROOF OF SERVICE
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Kevin R. Nimmons; Meghan K. Woodsome Cory T. Baker SBN: 261577; 272459; 315763 Reicker, Pfau, Pyle & McRoy LLP ELECTRONICALLY FILED 1421 State Street, Suite B Superior Court of California Santa Barbara, CA 93101 County of Santa Barbara 805-966-2440 805-966-3320 Darrel E. Parker, Executive Officer Andrew Waters, FCP Private, LLC, and FCP Corporate, Ltd. 10/12/2021 3:52 PM Superior Court of California, County of Santa Barbara By: Elizabeth Spann, Deputy 1100 Anacapa Street P.O. Box 21107 Santa Barbara, 93121-1107 Santa Barbara - Anacapa Division MARK SCHAUB, et al. v. ANDREW WYLES WATERS, et al. 20CV02113 January 7, 2022 4 10:00 a.m. Donna D. Geck June 23, 2020 Not yet set Kevin R. Nimmons, Meghan K. Woodsome, Cory T. Baker/Reicker, Pfau, Pyle & McRoy LLP Andrew Waters, FCP Private, LLC, and FCP Corporate, Ltd. Substitution is required due to a material breakdown in the attorney-client relationship. The breakdown in the attorney-client relationship has rendered it unreasonably difficult for the attorney to carry out the employment effectively. The facts and circumstances surrounding such breakdown are required to be kept confidential pursuant to Rule 3-100 of the Rules of Professional Conduct. X X X Email confirmation from client MC—052 CASE NAME: MARK SCHAUB, et al. v. ANDREW WYLES WATERS, et al. CASE NUMBER: 20CV02113 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. X is set as follows (specify the date, time, and place): October 29, 2021 at 8:30 a.m. in Dept. 4 c. X concerns (describe the subject matter of the hearing): Case Management Conference Continued on Attachment 4. 5. The following additional hearings and other proceedings (including discovery matters) are presently scheduled in this case(foreach, describe the date, time, place, and subject matter): Continued on Attachment 5. 6. Trial in this action or proceeding a. X is not yet set. b. is set as follows (specify the date, time, and place): 7. Other. Other matters that the court should consider indetermining whether to grant this motion are the following (explain): ldeclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: October 12, 2021 REICKER, PFAU, PYLE & McROY LLP Kevin R. Nimmons (TYPE OR PRINT NAME) ,lya/m/ (SIGNATURE OF DECLARANT) 8. Number of pages attached: “my M0052 [ReV- IN SUPPORT 0F ATTORNEY's Page 2 °'2 1’ 20°71 DECLARATION MOTION To BE RELIEVED As COUNSEL—CIVIL 1 PROOF OF SERVICE 2 I, the undersigned, say that I am a citizen of the United States, over 18 years of age, and not a party to the within action. I am employed by the law firm of Reicker, Pfau, Pyle & McRoy 3 LLP, 1421 State Street, Ste. B, Santa Barbara, California 93101. 4 On October 12, 2021, I served the within: DECLARATION IN SUPPORT OF 5 ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL-CIVIL on the interested parties listed below, as follows: 6 BY MAIL 7 Andrew Waters FCP Private, LLC 8 FCP Corporation, LTD 5325 County Road 100 9 Carbondale, CO 81623 10 BY ELECTRONIC SERVICE Matthew Donald Umhofer / Diane H. Bang 11 SPERTUS, LANDES & UMHOFER, LLP 1990 South Bundy Dr., Suite 705 12 Los Angeles, California 90025 Telephone: (310) 826-4700 13 Facsimile: (310) 826-4711 Email: matthew@spertuslaw.com 14 Email: diane@spertuslaw.com 15 (X) (By Mail) I caused such document to be mailed in a sealed envelope, by first-class mail, postage fully prepaid. I am “readily familiar” with this firm’s practice of collection and 16 processing correspondence for mailing. It is deposited with the U.S. postal service on that same day in the ordinary course of business. I am aware that on motion of party 17 served, service is presumed invalid if the postal cancellation date or postage meter date is more than one (1) day after the date of deposit for mailing as stated in this declaration. 18 ( ) (By Personal Service) I caused such document to be delivered by hand. 19 (X) ((By E-MAIL [CCP § 1010.6(a)(2)) On the date indicated on this Proof of Service, at 20 the time indicated on in the header of my electronic mail, I transmitted the foregoing document(s) by electronic mail to one or more of the recipients at each firm indicated on 21 this Proof of Service. I caused the my computer to print or maintain a record of the electronic mail to the recipients named in this Proof of Service, a true and correct copy of 22 which has been retained by Reicker, Pfau, Pyle & McRoy LLP in either hard copy or electronic format in the ordinary course of business and is available for inspection if 23 necessary. 24 (X) (State) I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. 25 Executed October 12, 2021, at Santa Barbara, California. 26 27 ____________________________ 28 Susie Hernandez PROOF OF SERVICE