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25
Clifford Fried, Esq., SBN 118288
Jonathan Madison, Esq. SBN 311553
FRIED & WILL IAMS,
1901 Harrison Street, 14"* Floor “FILED
Oakland, CA 94612 7 7 ee
iif Fa,
Telephone: (510) 625-0100 oe Court of Catifornis,
Fax: (510) 550-3621
jmadison@friedwilliams.com 02/08/2019
Clerk of the Court
Attorneys for Plaintiff, Pe eT pega Clerk
Shaker Ahmed
SUPERIOR COURT OF STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Shaker Ahmed, Case No.: CGC-17-562242
Plaintiff, DECLARATION OF JONATHAN
7 MADISON IN RESPONSE ‘TO ORDER TO
SHOW CAUSE
LOCAL RULE 3.0 C; CRC RULE 3.110]
v.
Raymond A. Ramirez;
Robert J. Ramirez; and Date: February 26, 2019
All persons unknown, claiming any legal or Time: 10:30 a.m.
equitable right, title, estate, lien or interest Dept.: 610
in the Property adverse to Plaintiff's title or Action Filed: November 1, 2017
any cloud on Plaintiff's title to the Property; Trial Date: Not set
and;
DOES 1 to 20, inclusive,
DECLARATION OF JONATHAN MADISON
I, Jonathan Madison, declare as follows:
That I am one of the attorneys of record for Plaintiff Shaker Ahmed (“Plaintiff”) in the
above-entitled matter.
1. I make this declaration in response to the Continued Order to Show Cause dated
October 31, 2018. Attached hereto as Exhibit “A” is a true and correct copy of the Continued
Order to Show Cause dated October 31, 2018.
2. Since July of 2018, despite all due diligence, Plaintiff's counsel has been unable
1
DECLARATION OF JONATHAN MADISON IN SUPPORT OF MOTION TO WTHDRAWA & WN +
Cem ND
to reach Plaintiff by phone, email, or certified letters sent by mail. Further, Plaintiff has failed
to pay Fried & Williams LLP any legal fees or expenses incurred for more than eight months.
As such, Plaintiff is filing a motion to be relieved as counsel. The hearing will take place on or
about February 25, 2019, in Dept. 501.
2. Jonathan Madison, Esq. and Fried & Williams LLP were retained to represent
Plaintiff in these proceedings on or about September 19, 2017 at which which time Plaintiff
signed a written fee agreement.
3. At the time Jonathan Madisdon, Esq. and Fried & Williams were retained, it was
agreed and understood that Plaintiff was obligated to pay and maintain an advance fee deposit
and that it was Plaintiff's obligation to promptly reinstate the balance of the fee deposit and pay
all outstanding amounts upon receipt of a statement for fees and costs.
4. We have made written and verbal requests to Plaintiff to reinstate the fee deposit
as agreed. Plaintiff has failed to do so.
5. Without compromising the attorney-client relationship, declarant asserts that the
conduct of Plaintiff now renders it unreasonably difficult for us to carry out our employment
effectively.
6. No one in this action has ever expressed to us any concern about the quality of our
firm's legal services, which have been rendered.
7. Ihave already written to Plaintiff on at [east one occasion that a balance was past
due, that we intended to make a motion to be relieved as counsel and that Plaintiff should take
the opportunity to seek the employment of new counsel. We have taken reasonable steps to
avoid reasonably foreseeable prejudice to the rights of Plaintiff, including giving due notice to
Plaintiff, allowing time for employment of other counsel, complying with Rules of Professional
Conduct, Rule 3-700(D), and complying with applicable laws and rules.
8. A motion is being brought under Code of Civil Procedure §284(2) instead of
filing a consent under Code of Civil Procedure §284(1) because of Plaintiff's inability to be
contacted.
2
DECLARATION OF JONATHAN MADISON IN SUPPORT OF MOTION TO WITHDRAWCo em NY DAA BR WN
S
11
9. IT would suggest that this matter be put back on calendar for case management no
sooner than 90 to 120 days to give Plaintiff an opportunity to move forward either In Pro Per or
with the assistance of other counsel if he so chooses.
Executed at Oakland, California on February 8, 2018.
a
J onatfian Madison, Declarant
3
DECLARATION OF JONATHAN MADISON IN SUPPORT OF MOTION TO WTHDRAWSeen rar aeed nner
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. sniteeee aieteecess seSUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
400 MCALLISTER STREET, SAN FRANCISCO, CA 94102-4514
SHAKER AHMED Case Management Department 610
Case Management Order
PLAINTIFF (S)
_ NO. CGG-17-562242
RAYMOND A. RAMIREZ et al
Continued Order to Show Cause
DEFENDANT (8)
TO: PLAINTIFF'S COUNSEL AND/OR SELF-REPRESENTED PLAINTIFF(S)
The Nov-20-2018 ORDER TO SHOW CAUSE is canceled.
YOU ARE HEREBY ORDERED TO APPEAR In Department 610 on Feb-26-2019 at 10:30 am, pursuant
to Lacal Rule 3.0 C to show cause why this action should not be dismissed or why sanctions should not
be imposed for failure to:
file proof of service on defendant(s) and obtain answer(s), or enter default(s).
CRC 3.110(i) requires that responsive papers to an order to show cause must be filed and served at
least 5 calendar days before the hearing.
However, it would facilitate the issuance of a case management order prior to the Order to Show Cause
hearing if the Response to Order to Show Cause Is filed, served and lodged in Department 610 twenty
(20) days before the Order to Show Cause hearing.
PLAINTIFF(S) must serve a copy of this notice on all parties not listed on the attached proof of service
within five (5) days of the date of this order.
You may call (415) 551-4000 after 12:00 noon the day before the hearing to determine whether your
compliance has taken the order to show cause off calendar.
DATED: OCT-31-2018 TERI L. JACKSON
JUDGE OF THE SUPERIOR COURT
Continued Order to Show Gause
Form 000001CERTIFICATE OF SERVICE BY MAIL
|, the undersigned, certify that | am an employee of the Superior Court of California, Counly of San Francisco and not a party to
the above-entitled cause and that on OCT-31-2018 | served the altached Continued Order to Show Cause by placing a copy
thereof in an envelope addressed to all parties to this action as listed below. | then placed the envelope in the outgoing mail at
400 MoAlister Street, San Francisco, CA 94102, on the date indicated above for collection, sealing of the envelope, altachment of
required prepald postage, and mailing on that date, following standard court practice.
Dated : OCT-31-2018 By: JEFFREY LEE
CLIFFORD EDWARD FRIED (118288)
FRIED & WILLIAMS
1901 HARRISON STREET
14TH FL
OAKLAND, CA 94612
CERTIFICATE OF SERVICE BY MAIL
Page 1 of 1 Form 000001CERTIFICATE OF MAILING - CC §827, CCP §1013, §1013a, §2015.5
PROOF OF SERVICE
The undersigned certifies and declares as follows: | am over the age of 18 years. 1am employed
in the County of Alameda, California. My business address is 1901 Harrison Street, 14th Floor,
Oakland, CA 94612. On February 8, 2019, I served the following document(s):
DECLARATION OF JONATHAN MADISON IN RESPONSE TO ORDER TO SHOW
CAUSE
in the manner described below to the interested parties herein:
Raymond A. Ramirez Raymond A. Ramirez
146 Missouri Street 5100 Vista Grande Dr. #213
San Francisco, CA 94107 Antioch, CA 94531
Robert J. Ramirez Robert J. Ramirez
146 Missouri Street 5100 Vista Grande Dr. #213
San Francisco, CA 94107 Antioch, CA 94531
MAIL: I placed a true and correct copy thereof in a sealed envelope and caused such envelope
to be deposited in the mail at my business address, via first class mail, postage prepaid,
addressed to the addressee(s) designated. | am readily familiar with the business’ practice of
collecting and processing correspondence to be deposited with the United States Postal Service
on that same day in the ordinary course of business.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct, and this declaration was executed on February 8, 2019 at Oakland, California.
Fabienne Lopez” >
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CoD we ND A BR OD DY RN NN De we ee ee ee AB YN F&F SO we NIN DH BY N | 25 Clifford Fried, Esq., SBN 118288 Jonathan Madison, Esq. SBN 311553 FRIED & WILL IAMS, 1901 Harrison Street, 14"* Floor “FILED Oakland, CA 94612 7 7 ee iif Fa, Telephone: (510) 625-0100 oe Court of Catifornis, Fax: (510) 550-3621 jmadison@friedwilliams.com 02/08/2019 Clerk of the Court Attorneys for Plaintiff, Pe eT pega Clerk Shaker Ahmed SUPERIOR COURT OF STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO Shaker Ahmed, Case No.: CGC-17-562242 Plaintiff, DECLARATION OF JONATHAN 7 MADISON IN RESPONSE ‘TO ORDER TO SHOW CAUSE LOCAL RULE 3.0 C; CRC RULE 3.110] v. Raymond A. Ramirez; Robert J. Ramirez; and Date: February 26, 2019 All persons unknown, claiming any legal or Time: 10:30 a.m. equitable right, title, estate, lien or interest Dept.: 610 in the Property adverse to Plaintiff's title or Action Filed: November 1, 2017 any cloud on Plaintiff's title to the Property; Trial Date: Not set and; DOES 1 to 20, inclusive, DECLARATION OF JONATHAN MADISON I, Jonathan Madison, declare as follows: That I am one of the attorneys of record for Plaintiff Shaker Ahmed (“Plaintiff”) in the above-entitled matter. 1. I make this declaration in response to the Continued Order to Show Cause dated October 31, 2018. Attached hereto as Exhibit “A” is a true and correct copy of the Continued Order to Show Cause dated October 31, 2018. 2. Since July of 2018, despite all due diligence, Plaintiff's counsel has been unable 1 DECLARATION OF JONATHAN MADISON IN SUPPORT OF MOTION TO WTHDRAWA & WN + Cem ND to reach Plaintiff by phone, email, or certified letters sent by mail. Further, Plaintiff has failed to pay Fried & Williams LLP any legal fees or expenses incurred for more than eight months. As such, Plaintiff is filing a motion to be relieved as counsel. The hearing will take place on or about February 25, 2019, in Dept. 501. 2. Jonathan Madison, Esq. and Fried & Williams LLP were retained to represent Plaintiff in these proceedings on or about September 19, 2017 at which which time Plaintiff signed a written fee agreement. 3. At the time Jonathan Madisdon, Esq. and Fried & Williams were retained, it was agreed and understood that Plaintiff was obligated to pay and maintain an advance fee deposit and that it was Plaintiff's obligation to promptly reinstate the balance of the fee deposit and pay all outstanding amounts upon receipt of a statement for fees and costs. 4. We have made written and verbal requests to Plaintiff to reinstate the fee deposit as agreed. Plaintiff has failed to do so. 5. Without compromising the attorney-client relationship, declarant asserts that the conduct of Plaintiff now renders it unreasonably difficult for us to carry out our employment effectively. 6. No one in this action has ever expressed to us any concern about the quality of our firm's legal services, which have been rendered. 7. Ihave already written to Plaintiff on at [east one occasion that a balance was past due, that we intended to make a motion to be relieved as counsel and that Plaintiff should take the opportunity to seek the employment of new counsel. We have taken reasonable steps to avoid reasonably foreseeable prejudice to the rights of Plaintiff, including giving due notice to Plaintiff, allowing time for employment of other counsel, complying with Rules of Professional Conduct, Rule 3-700(D), and complying with applicable laws and rules. 8. A motion is being brought under Code of Civil Procedure §284(2) instead of filing a consent under Code of Civil Procedure §284(1) because of Plaintiff's inability to be contacted. 2 DECLARATION OF JONATHAN MADISON IN SUPPORT OF MOTION TO WITHDRAWCo em NY DAA BR WN S 11 9. IT would suggest that this matter be put back on calendar for case management no sooner than 90 to 120 days to give Plaintiff an opportunity to move forward either In Pro Per or with the assistance of other counsel if he so chooses. Executed at Oakland, California on February 8, 2018. a J onatfian Madison, Declarant 3 DECLARATION OF JONATHAN MADISON IN SUPPORT OF MOTION TO WTHDRAWSeen rar aeed nner | =... i. i... i. |. | i. . ee WWF: ......D—pCpCUOOCOW U@U@-=-=D®’lhyhODCDCDCOCDCUOCOCO~—~—O—OCOCOCOCOCOW WUD._DCDpDpCpCpCpTpCDCDCDCDUmUM™CO~—~—O—OOCO—O ot ot —=—eB eae oo fee ee EEEEE canes oo oo oo e8WW-=—-—mCUCOCOCOCO™O™OUOUOUOCOCOCOCOCOCOiOC 8 WUW@F=—CUrUO™O™OO—OCCCOCOD i W@=@—§=—C UrUrmrmrmrmwmwO™w™~™~™O™OUCOCO— i U@=@©=—mCmCpCUO™O™O~O~OCOCOCOCOCOC SESH CESS St ERE Ree ee R Eee Sacre eee Tae ==. i @=—=—h hhmtm™w~O—OCOCOCO—O =—=—=—h— .hmtét~—OCO—OC—O—O 8. @@.@@=—©—h— hh hm™m™m™mt™t~—OCOCOC—CO—O 8 WBW@FF= ...DmpmpmCmCUrUO W@F=F=DDpmCmCmCUO WF: ..DDmpmpmpmCUOO—OMW 0 €@ OWUWUDUF§FF:.......-—C—CUCUOCOCO—O i U=@D-|=—CfhpCpCOCOCDCDCU™UOCOCO~O~O~O~—OCOCOCOCOCOCOCW . sniteeee aieteecess seSUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO 400 MCALLISTER STREET, SAN FRANCISCO, CA 94102-4514 SHAKER AHMED Case Management Department 610 Case Management Order PLAINTIFF (S) _ NO. CGG-17-562242 RAYMOND A. RAMIREZ et al Continued Order to Show Cause DEFENDANT (8) TO: PLAINTIFF'S COUNSEL AND/OR SELF-REPRESENTED PLAINTIFF(S) The Nov-20-2018 ORDER TO SHOW CAUSE is canceled. YOU ARE HEREBY ORDERED TO APPEAR In Department 610 on Feb-26-2019 at 10:30 am, pursuant to Lacal Rule 3.0 C to show cause why this action should not be dismissed or why sanctions should not be imposed for failure to: file proof of service on defendant(s) and obtain answer(s), or enter default(s). CRC 3.110(i) requires that responsive papers to an order to show cause must be filed and served at least 5 calendar days before the hearing. However, it would facilitate the issuance of a case management order prior to the Order to Show Cause hearing if the Response to Order to Show Cause Is filed, served and lodged in Department 610 twenty (20) days before the Order to Show Cause hearing. PLAINTIFF(S) must serve a copy of this notice on all parties not listed on the attached proof of service within five (5) days of the date of this order. You may call (415) 551-4000 after 12:00 noon the day before the hearing to determine whether your compliance has taken the order to show cause off calendar. DATED: OCT-31-2018 TERI L. JACKSON JUDGE OF THE SUPERIOR COURT Continued Order to Show Gause Form 000001CERTIFICATE OF SERVICE BY MAIL |, the undersigned, certify that | am an employee of the Superior Court of California, Counly of San Francisco and not a party to the above-entitled cause and that on OCT-31-2018 | served the altached Continued Order to Show Cause by placing a copy thereof in an envelope addressed to all parties to this action as listed below. | then placed the envelope in the outgoing mail at 400 MoAlister Street, San Francisco, CA 94102, on the date indicated above for collection, sealing of the envelope, altachment of required prepald postage, and mailing on that date, following standard court practice. Dated : OCT-31-2018 By: JEFFREY LEE CLIFFORD EDWARD FRIED (118288) FRIED & WILLIAMS 1901 HARRISON STREET 14TH FL OAKLAND, CA 94612 CERTIFICATE OF SERVICE BY MAIL Page 1 of 1 Form 000001CERTIFICATE OF MAILING - CC §827, CCP §1013, §1013a, §2015.5 PROOF OF SERVICE The undersigned certifies and declares as follows: | am over the age of 18 years. 1am employed in the County of Alameda, California. My business address is 1901 Harrison Street, 14th Floor, Oakland, CA 94612. On February 8, 2019, I served the following document(s): DECLARATION OF JONATHAN MADISON IN RESPONSE TO ORDER TO SHOW CAUSE in the manner described below to the interested parties herein: Raymond A. Ramirez Raymond A. Ramirez 146 Missouri Street 5100 Vista Grande Dr. #213 San Francisco, CA 94107 Antioch, CA 94531 Robert J. Ramirez Robert J. Ramirez 146 Missouri Street 5100 Vista Grande Dr. #213 San Francisco, CA 94107 Antioch, CA 94531 MAIL: I placed a true and correct copy thereof in a sealed envelope and caused such envelope to be deposited in the mail at my business address, via first class mail, postage prepaid, addressed to the addressee(s) designated. | am readily familiar with the business’ practice of collecting and processing correspondence to be deposited with the United States Postal Service on that same day in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and this declaration was executed on February 8, 2019 at Oakland, California. Fabienne Lopez” >