Motion-Secondary: RUFUS ALEXANDER VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al

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                                Mc-052

ATTORNEY OR PART Jame. ‘si a
Nancy T. Williams Esq. (State Bar #3t 301003)" ~ FOR COURT SECIS
Brayton <> Purcell LLP
222 Rush Landing Road : . ELECTRONICALLY
Novato, CA 94948-6169 . FILED
*etemnone no-(415) 898-1555 raxwos (415) 898-1247 Superior Court of Californa,
szromvey £08 names Plaintifif(s) County of San Francised
NaMe OF COURT. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO!
sreeet aooness:400 McA llister Street . SEP 15 2009
wnt anpeese, GORDON PARK-LI, Clerk
cvann ap cose San Francisco 94102 BY: EONALEEN JAVIER]
BRANCH NAME:
CASE NAME: CASE NUMBER: =
RUFUS: ALEXANDER v. ASBESTOS DEFENDANTS (B<>P), 274719
ne Or October 30, 2009
DECLARATION IN SUPPORT OF ATTORNEY'S veroncHonPet we 30 am.
MOTION TO BE RELIEVED AS COUNSEL—CIVIL eter Pusch
pare actionruco-July 1, 2008
trac oate: N/A,

1. Attomey and Represented Party. Attorney (name): Nancy T. Williams Esq.
is presently counset of record for (name of party)-Rufus Alexander, et al.
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):
Plaintiff Rufus Alexander has fundamental and irreconcilable differences with their attorney's, Brayton
<> Purcell LLP. Plaintiff Rufus Alexander has been asked to sign a Substitution of Attorney form and has
not done so. Our letter to Rufus Alexander dated September 15, 2009, requesting that Mr. Alexander
authorize Brayton <> Purcell LLP to dismiss this action or substitute other counsel are attached hereto as
Exhibit A.

[7] Continued on Attachment 2.

3, Service
a. Attorney has
(1) [CZ] 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) served the client by mail at the client's last known address with copies of the motion papers served with this declaration.
b. Ifthe client has been served by mail at the client's last known address, atiorney has
(1) EX] confirmed within the past 30 days that the address is current
(a) [<] by mail, return receipt requested.
(b) [58] by telephone.
(ec) L__} by conversation.
(a) [2] by other means (specify):

4

{Continued on reverse) Page 1 of 2

age
Femail Gaunes o Celia DECLARATION IN SUPPORT OF ATTORNEY'S Seater e's rao
OEE Roe lamuary 2000) MOTION TO BE RELIEVED AS COUNSEL—CIVIL ww couitio 28.909

LexisNexis® Automated California Judiciat Councit FarmsMc-052

CASE NAME: CASE NUMBER:
RUFUS ALEXANDER y: ASBESTOS DEFENDANTS (B<>P) 274719
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 etforts: .
(a) mailing the motion papers to the client's last known address, return receipt requested.
(b) calling the client's jas known telephone number or numbers.
(c) contacting persons.famitiar with the client (specify):
(d) conducting a search (deseribe}:
{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 scheduted in this action or proceeding

a. || is not yet set. .
b. [3] is set as follows (specify the date, time, and place): Trial and Setting Conference, 10/15/09, 1:30 p.m.
San Francisco Superior Court, Dept. 206
© |__] 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}:

CJ Continued on Attachment 5.

6. Trial in this action or proceeding
a. L&I is not yet set.

b, is sel 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):

I declare under penalty of perjury under the laws of the State of Califomia that the for true and copéet.

Date: 3 Ve. sToF

Nancy T. Williams

(TYPE OR PRINT NAME}
8, Number of pages attached:

eC

(SIGNATURE OF DECLARANT)

MOOSE Rev. Janvary 1, 2007) DECLARATION IN SUPPORT OF ATTORNEY'S Page 2 of2
MOTION TO BE RELIEVED AS COUNSEL—CIVIL
LexisNexis® Automated California Judicial Council FormsEXHIBIT ARopert M, Levy

Brayton*Purcell

TRIAL LAWYERS

ALAN R, BRAYTON LO Lager acume ‘coms, ueason
Giubere PURCELL 222 Rush Landing Rosd Beetetise, | ARAN

Novato, eo 9 BBE RRE.” gee
Pa Baap ecu ae at Bele GR
THLOYD F: LEROY Facsimile: 3 808-1247 ERE RUE eae

OF COUNSEL, - Davee BRE

JEFFREY 0. EISENBERG* . ime canal wieEes
SiemeNd: Heaty Portland: (503) 295-4931 TERS Base EEE an
Rocwaro R, KUN Los Angeles: (415) 898-1555 HSAINE ISH ag EARCER Si Etat
WILLIAM G. MCDEvirt Salt Lake City: (801) 366-9100 Sern anette ENE eid inns

Email: mail@braytonlaw.com

. PQuax wy
SPREE SAS www. braytonlaw.com

September 15, 2009

VIA Regular and Certified Mail

Rufus Alexander
170 Cashmere Street Apt. D
San Francisco, CA 94124

Re: Asbestos Litigation
Dear Mr. Alexander:

We appreciate your contacting our office regarding our representing you in an action
based on your past exposure to asbestos and any asbestos-related diseases you may have
developed. - As we indicated in our prior letter dated July 31, 2009, we are no longer able to
tepresent you in this action due to our finding no evidence that you suffer from an asbestos-
related disease at this time.

We have requested that you authorize us to dismiss your case that is filed in San
Francisco Superior Court or that you find other counsel willing io take over this case. To date we
have not received your signed authorization or an indication that you have obtained other
counsel.

Your alternatives at this point are as follows:

1) authorize our office to dismiss your case (sign and return the attached -
Authorization); OR

2) If you would like to continue with the lawsuit but with other counsel, I have
enclosed a standard Substitution of Attorney form which will allow you to replace
Brayton “*Purcel] LLP. ‘We will be happy to transfer your file to whomever you
have chosen. Please check the box marked “Attorney” at number 2 and indicate
the name of your new attorney.

K.AInjared\ 08666 .corresp\ir-clt-nin withdraw. vp .

EXHIBIT —September 15, 2009 Page 2

If you do not have other counsel ready to assume responsibility for representing
you in this suit, you may indicate on the form that you wish to represent yourself
in this action until you find suitable counsel. To do so, please check the box
indicating that you would like to represent yourself "in pro per", again, at line
number 2 of the attached form. 4

As these options have already been presented to you in the past, and as we have not
received a response from you, we are going forward with filing a Motion to Withdraw from this
action, The motion is scheduled to be heard on October 30, 2009 and is included in this mailing.

Please understand that if the court allows us to withdraw as counsel, it only means
that Brayton “Purcell LLP is no Jonger part of the case. The case continues as far as the
court and the defendants are concerned and you and/or your new attorney are expected to
continue to work on it. If you don’t have a new attorney at the time the Motion to
Withdraw is granted, the court and the defendants will consider you to be acting as your
own attorney.

_ Please consider the enclosed documents and should you choosé to sign one, please retum
it in the enclosed envelope as soon as possible. If we receive the signed Authorization to
Dismiss or Substitution of Attorney form we will take the Motion to Withdraw off of the court's
calendar.

If you have any questions, please do not hesitate to call or write. | atm available by
telephone at (415) 899-1011, ext. 338 or by email at nwilliams(@braytonlaw.com.

Very truly,

Lid

Nancy T. Williams, Esq.

NTW:eve

RAqioresMs08GE6\ecorresptlrell min withdrww.wupdSeptember 15, 2009
AUTHORIZATION TQ DISMISS ACTION i

~ |, Rufus Alexander, acknowledge that I have read the foregoing letter and understand its
contents. | hereby give my consent for the firm of Brayton**Purcell LLP to dismiss any and all 1
claims filed on my behalf, including, but not lintited to, bankruptcy claims. | realize that | may

Jose valuable rights as a result of this dismissal. . |

Dated:

Rufus Alexander Po

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Log
. tNovato, California 94948-6169
TELEPHONED: (415) 898-1555 FAxn0. topitmna:(415) 898-1247

E-WALL ADDRESS (Optional:
ATTORNEY FOR wares: Plaintift

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO . , :
steer 
Brayton<>Purcell LLP kt
222 Rush Landing Road |
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Rufus Alexander v. ASBESTOS DEFENDANTS Bory ao : ‘

prem eeunmmererrein sted wien en i

. “SUBSTITUTION OF ATTORNEY—CIVIL : SASS NUMBER ~~
: (Without Court Order) | 274719

Jaen erm

THE COURT AND ALL PARTIES ARE NOTIFIED THAT (name): RUFUS ALEXANDER makes the following substitution:
1
1, Former legal representative Party represented self X_} Attorney {name}: - Brayton<>Purcell, Nancy T. Williams
2. New legal sepresentative [| Party is representing self” [ ] Attorney
a. Name: b. State Bar No, {if applicable): : :
«. Address (number, street, city, ZIP, and iaw firm name, if applicable): |

d. Telephone No. (include area code): "
3. The party making this substitution isa XI plaintitt [7] defendant | petitioner [respondent [7

pone -

“NOTICE TO PARTIES APPLYING TO REPRESENT THEMSELVES

+Guardian . + Personal Representative + Guardian ad litem

i i
+Conservator + Probate fiduciary + Unincorporated i
+ Trustee + Corporation : association 4

if you are applying as one of the parties on this list, you may NOT act as your own attorney i in most eases. Use this form

to substitute one attorney for another attorney. SEEK LEGAL ADVICE BEFORE APPLYING TO REPRESENT YOURSELF.

v
NOTICE TO PARTIES WITHOUT ATTORNEYS f

A party representing himsetf or herself may wish to seek legal assistance. Failure to take :

timely and appropriate action in this case may result in serious legal consequences.

4. | consent to this substitution.

Date:
RUFUS ALEXANDER. >

(TYPE. OR PRINT NAME) . SIGNATURE OF PART YS

consent to this Substitution.

Date: . . . . .
Naney T. Williams, Brayton<>Purcell LLP > i

ATVPE OR PRINT NAME) . (SIGNATURE OF FORMER ATTORNEY)
f

6.["—” | consent to this substitution.

Date: . . > : f

. {TYPE_OR PRINT NAME} ° {SIGNATURE OF NEW ATTORNEY) 4
{See reverse for proof of service by mall) Page tof

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Row: 4, . 01 ;

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