Preview
7 MC-052
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, stato bar number, and address): FOR COURT USE ONLY
GINO J. MOLINARI, ESQ. SBN086467
3366 22ND Street ELECTRONICALLY
San Francisco, CA 94110 FILED
Superior Court of Catifornia,
County of San Francisco
TELEPHONE NO: (415)863-3767 —_Faxno: (415)648-3130
. Plaintife, 1) 2019
rronver Fon numer Plaintiff, TIMOTHY A. BONNICI 04/25/2019
name or court: SUPERHOR COURT OF CALIFORNIA, COUNTY BY: VANESSA WU
street appress: OJ? SAN FRANCISCO Pepty oer
wauincaooress: 400 McAllister St.
crv axoze cove: San Francisco, CA 94102
Brame iaes| | a H ESE RV API MS NBO 41905 1%a}/ |
pe
case name: TIMOTHY A. BONNICI V CHARLES MCMACKIN | “=""8i.6, 17 se7ege
“ HEARING DATE: <5 [tT Zary
ppt: $02 Te: 9 Z0AM
BEFORE HON:
onte acon uso: 3/23/2017
TRIAL DATE: D/A
DECLARATION IN SUPPORT OF ATTORNEY'S
MOTION TO BE RELIEVED AS COUNSEL—CIVIL
1. Attorney and Represented Party. Attomey (name): GINO J. MOLINARI
is presently counsel of record for (name of party): Plaintiff, TIMOTHY A. BONNICI
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):
I, GINO J. MOLINARI declares that I am duly licensed to practice law in the State of California and am
a sole practitioner with my office located at 3366 22nd Street, San Francisco, CA 94110.
1. On January 9th I contacted Mr. Bonnici, my client that I was retiring and if he would execute a
Substitution of Attorney, he refused. He refused to come to my office and discuss this matter and again
he refused. Therefore I could not file a consent under CCP 284.1. Accordingly I will serve Mr. Bonnici
by mail, return receipt requested to his address 933 Sunnydale Ave., San Francisco, CA 94134.
2. Ihave been practicing !aw in California for almost 40 years and am in the process of down sizing my
practice by referring my clients to other counsels and those cases that could not be referred J will file a
Motion to be relieved. I strongly feel that I can no longer represent this client for health reasons,
¥ | Continued on Attachment 2.
3. Service
a. Attorney has
(1)(1 personally served the client with copies of the motion papers filed with this declaration. A copy of the proof of service
will be fited with the court at least 5 days before the hearing. i
(2) [4] 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, attomey has
(1) confirmed within the past 30 days that the address is current
(a) 4] by mail, retum receipt requested.
{b)[__] by telephone.
{c) [__] by conversation.
{a)_] by other means (specify):
(Continued on reverse)
Page 1 of 2
Form popes tee pany Use DECLARATION IN SUPPORT OF ATTORNEY'S Gata Gua eric, § 284
Wie 082 ev ary 12007] MOTION TO BE RELIEVED AS COUNSEL—CIVIL ee pvc caerMC-052
CASE NAME: ‘CASE NUMBER:
BONNICI V CHARLES MCMACKIN CGC-17-557688
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 teceipt requested.
(b) [__] calling the client's last known telephone number or numbers.
(c) [__] contacting persons familiar with the client (specify):
(d)(__] condueting a search (describe):
(e) other (specify):
c. Even if attomey 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. [¥] isnot yet set.
b. [__] is set as follows (specify the date, time, and place):
c. [1] concems (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):
No matters are pending.
[J Continued on Attachment 5.
6. Trial in this action or proceeding
a. LY is not yet set,
b. [_] is set as follows (specify the date, time, and place):
7. Other. Other matters that the court should consider in determining whether to grant this motion are the following explain):
| dectare under penalty of perjury under the laws of the State of California that the fore, joing js true and correct. ,
Date: January 28, 2019 YY,
GINO J. MOLINARI »
: “TTYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
8. Number of pages attached: 1
MC-062 [Rew Jonuary 1, 2007) DECLARATION IN SUPPORT OF ATTORNEY'S : Page Zof2
MOTION TO BE RELIEVED AS COUNSEL—CIVIL> ~
SHORT TITLE: ‘CASE NUMBER:
BONNICI V MCMACKIN CGC-17-557688
1 SECOND PAGE OF ATTORNEY DECLARATION IN SUPPORT OF ATTORNEY
2 MOTION TO BE RELIEVED AS COUNSEL
3 ||3. Two months ago my legal assistant, JAMES HURWITH passed away. On January I8th, 2019,, my
4 | other legal assistant, JAMES CARTER, took a serious fall and presently is in the hospital, due to his
5 |lage (68), it is doubtful that he will be able to retum to my office and continue his duties as my legal
6 ll assistant.
7]/4, Lam now working on closing my office once all my present clients have been cither referred out to an
8 || attorney or by relieving myself as their counsel.
911 declare under penalty of perjury under the laws of the State of California, that the foregoing is true and
10} correct.
~
W
12||Dated: January 28, 2019 Wf heree-
13 GINO J. MOLINARI
14
15
16
7
18
19
20
21
22
23
24
25
26 || (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line
numbers):
77 | This page may be used with any Judicial Council form or any other paper filed with the court, ‘| page __3
Form Approved by the: ADDITIONAL PAGE
Judicial Counct of California Attach to Judicial Council Form or Other Court Paper ‘CRC 201, 601
‘MC-020 {New January 1, 1987)
Preview
7 MC-052 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, stato bar number, and address): FOR COURT USE ONLY GINO J. MOLINARI, ESQ. SBN086467 3366 22ND Street ELECTRONICALLY San Francisco, CA 94110 FILED Superior Court of Catifornia, County of San Francisco TELEPHONE NO: (415)863-3767 —_Faxno: (415)648-3130 . Plaintife, 1) 2019 rronver Fon numer Plaintiff, TIMOTHY A. BONNICI 04/25/2019 name or court: SUPERHOR COURT OF CALIFORNIA, COUNTY BY: VANESSA WU street appress: OJ? SAN FRANCISCO Pepty oer wauincaooress: 400 McAllister St. crv axoze cove: San Francisco, CA 94102 Brame iaes| | a H ESE RV API MS NBO 41905 1%a}/ | pe case name: TIMOTHY A. BONNICI V CHARLES MCMACKIN | “=""8i.6, 17 se7ege “ HEARING DATE: <5 [tT Zary ppt: $02 Te: 9 Z0AM BEFORE HON: onte acon uso: 3/23/2017 TRIAL DATE: D/A DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL—CIVIL 1. Attorney and Represented Party. Attomey (name): GINO J. MOLINARI is presently counsel of record for (name of party): Plaintiff, TIMOTHY A. BONNICI 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): I, GINO J. MOLINARI declares that I am duly licensed to practice law in the State of California and am a sole practitioner with my office located at 3366 22nd Street, San Francisco, CA 94110. 1. On January 9th I contacted Mr. Bonnici, my client that I was retiring and if he would execute a Substitution of Attorney, he refused. He refused to come to my office and discuss this matter and again he refused. Therefore I could not file a consent under CCP 284.1. Accordingly I will serve Mr. Bonnici by mail, return receipt requested to his address 933 Sunnydale Ave., San Francisco, CA 94134. 2. Ihave been practicing !aw in California for almost 40 years and am in the process of down sizing my practice by referring my clients to other counsels and those cases that could not be referred J will file a Motion to be relieved. I strongly feel that I can no longer represent this client for health reasons, ¥ | Continued on Attachment 2. 3. Service a. Attorney has (1)(1 personally served the client with copies of the motion papers filed with this declaration. A copy of the proof of service will be fited with the court at least 5 days before the hearing. i (2) [4] 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, attomey has (1) confirmed within the past 30 days that the address is current (a) 4] by mail, retum receipt requested. {b)[__] by telephone. {c) [__] by conversation. {a)_] by other means (specify): (Continued on reverse) Page 1 of 2 Form popes tee pany Use DECLARATION IN SUPPORT OF ATTORNEY'S Gata Gua eric, § 284 Wie 082 ev ary 12007] MOTION TO BE RELIEVED AS COUNSEL—CIVIL ee pvc caerMC-052 CASE NAME: ‘CASE NUMBER: BONNICI V CHARLES MCMACKIN CGC-17-557688 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 teceipt requested. (b) [__] calling the client's last known telephone number or numbers. (c) [__] contacting persons familiar with the client (specify): (d)(__] condueting a search (describe): (e) other (specify): c. Even if attomey 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. [¥] isnot yet set. b. [__] is set as follows (specify the date, time, and place): c. [1] concems (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): No matters are pending. [J Continued on Attachment 5. 6. Trial in this action or proceeding a. LY is not yet set, b. [_] is set as follows (specify the date, time, and place): 7. Other. Other matters that the court should consider in determining whether to grant this motion are the following explain): | dectare under penalty of perjury under the laws of the State of California that the fore, joing js true and correct. , Date: January 28, 2019 YY, GINO J. MOLINARI » : “TTYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 8. Number of pages attached: 1 MC-062 [Rew Jonuary 1, 2007) DECLARATION IN SUPPORT OF ATTORNEY'S : Page Zof2 MOTION TO BE RELIEVED AS COUNSEL—CIVIL> ~ SHORT TITLE: ‘CASE NUMBER: BONNICI V MCMACKIN CGC-17-557688 1 SECOND PAGE OF ATTORNEY DECLARATION IN SUPPORT OF ATTORNEY 2 MOTION TO BE RELIEVED AS COUNSEL 3 ||3. Two months ago my legal assistant, JAMES HURWITH passed away. On January I8th, 2019,, my 4 | other legal assistant, JAMES CARTER, took a serious fall and presently is in the hospital, due to his 5 |lage (68), it is doubtful that he will be able to retum to my office and continue his duties as my legal 6 ll assistant. 7]/4, Lam now working on closing my office once all my present clients have been cither referred out to an 8 || attorney or by relieving myself as their counsel. 911 declare under penalty of perjury under the laws of the State of California, that the foregoing is true and 10} correct. ~ W 12||Dated: January 28, 2019 Wf heree- 13 GINO J. MOLINARI 14 15 16 7 18 19 20 21 22 23 24 25 26 || (Required for verified pleading) The items on this page stated on information and belief are (specify item numbers, not line numbers): 77 | This page may be used with any Judicial Council form or any other paper filed with the court, ‘| page __3 Form Approved by the: ADDITIONAL PAGE Judicial Counct of California Attach to Judicial Council Form or Other Court Paper ‘CRC 201, 601 ‘MC-020 {New January 1, 1987)