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  • MONTEREY INSURANCE COMPANY VS. 1725 FULTON STREET,KLC et al SUBROGATION/INSURANCE document preview
  • MONTEREY INSURANCE COMPANY VS. 1725 FULTON STREET,KLC et al SUBROGATION/INSURANCE document preview
  • MONTEREY INSURANCE COMPANY VS. 1725 FULTON STREET,KLC et al SUBROGATION/INSURANCE document preview
  • MONTEREY INSURANCE COMPANY VS. 1725 FULTON STREET,KLC et al SUBROGATION/INSURANCE document preview
  • MONTEREY INSURANCE COMPANY VS. 1725 FULTON STREET,KLC et al SUBROGATION/INSURANCE document preview
  • MONTEREY INSURANCE COMPANY VS. 1725 FULTON STREET,KLC et al SUBROGATION/INSURANCE document preview
  • MONTEREY INSURANCE COMPANY VS. 1725 FULTON STREET,KLC et al SUBROGATION/INSURANCE document preview
  • MONTEREY INSURANCE COMPANY VS. 1725 FULTON STREET,KLC et al SUBROGATION/INSURANCE document preview
						
                                

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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-17-2018 10:39 am Case Number: CGC-14-539780 Filing Date: Oct-17-2018 10:36 Filed by: CAROL BALISTRERI Image: 06537751 EX PARTE APPLICATION FOR ORDER MONTEREY INSURANCE COMPANY VS. 1725 FULTON STREET,KLC et al 001006537751 Instructions: Please place this sheet on top of the document to be scanned.© D9 I DH ON F&F WN Dv NM NY NNN DYN DK FP BP PP HP BP Be RB oe Oo 3A Oo & WN FP oO © OY A HW ® WN FP OS © oS JAMES K. O'GALLAGHER SB #97088 FF I Attorney at Law E D Sen 225 W. Winton Fremaieco Suite 120), a County Seperor Goug Hayward, CA (510) 264-0500 T17 20% Attorney for DEFENDANT ey THE COURT NORMAN SABEL ‘ A California Resident Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO MONTEREY INSURANCE COMPANY A California Corporation Plaintiff Case No. CGC-14-539780 EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO PERMIT MOTION TO WITHDRAW AS ATTORNEY OF RECORD cRC 3.1201 vs. 1725 Fulton St., LLC, NORMAN SABEL, ARTHUR STEPHEN BROWN aka STEVEN BROWN, individually and dba BETTER PROPERTY MANAGEMENT, NIKKO BRAVO MARINA KONAKOVA and Does 1 through 100, inclusive October 17, 2018 Time: 11:00 A.M. Defendants. DEPT; 206 Mee SSS SS SS Se eS See eee I, JAMES K. O’GALLAGHER, declare: That at present, I am the attorney of record for Mr. Norman Sabel, and also 1725 Fulton Street, in the above captioned matter; I am unable to discharge my obligations to Mr. Norman Sable, and his business entity, because he refuses to communicate, or even meet in my office or other locations even when imminent discovery deadlines are looming. This is more particularly described in the declaration supporting the motion,o© Oo st DH OV fF WN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 © ° The reason that the order shortening time is requested is that Mr. Sabel has indicated to me that he is seeking “suitable counsel” but by procrastinating until he obtains counsel that he is comfortable with, he is prejudicing his own interests and a reasonable chance at defending this case. It is my belief that without shortening time, irreparable harm will result. The opposing counsel, Mr. Bonino, has already granted two extensions on the discovery deadlines, and also has rescheduled the depositions of Mr. Sabel, and that of the PMQ of the LLC, also Mr. Sabel, and despite this flexibility and reasonable posture, I still, as of this writing, have not had an actual meeting with Mr. Sable since 2016, and have not had adequate communication with him appropriate for the preparation required to protect his interests. His lack of cooperation is seriously compromising his own interests. He will face sanctions, for example, if the discovery is not responded to by the 23 of this month. More pressing is the deposition, which is currently set for October 30, 2018. He refuses to either meet with the undersigned or sign a substitution. As the clock ticks, the situation gets worse. If a brief shortening of the time required under C.C.P. 1005 is granted to permit this motion to be heard prior to the deposition date, it will significantly mitigate the possible damage, and might move Mr. Sabel to either find other counsel more quickly or agree to cooperate to a sufficient degree to ameliorate the prejudice he will suffer if he continues in his present posture. Notice of this application, pursuant to CRC 3.1204, was given by email to Mr. Sabel, Mr. Bonino, counsel for MONTEREY,© Oa A HW ® WwW nN 10) 11 12 13 14 15) 16) 17 18 19 20 21 22 23 24 25 26 27 28 Cc °o and Mr. Peter Catalanotti, counsel for Mr. Brown, on October 16, 2018 at approximately 9:55 to 10:00 A.M. by the undersigned, stating the nature of the relief requested, the time, and the place. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct and within my own knowledge, and that if called upon to testify, I could competently attest thereto. This declaration is executed 9 < O’ GALLAGHER on October 16, 2018 in San Francisco, JAMES K.TO (namo end address of client}, 1725 Fulton Street, San Francisco, CA 4. PLEASE TAKE NOTICE that (name of withdrawing attomey): JAMES K, O'GALLAGHER moves under Califomia Cotie of Civil Procedure section 284(2) end Callfomia Rutes of Court, rule 3.1362, for an order permitting the atlomey to be relieved as attomay of record in this action or proceeding. 2. Aleartng on this motion to be reflaved as counsel will be held as follows: a Date: Time: Dept: Room: b. The address of the cour: [7] sameasnoted ahove [__] other (epecty): 3, This motion is supported by the accompanying declaration, the papers and records fled in this action or proceeding, and (This motion does not need to be accompenied by a memorandum of points and authorities. Cal. Rutes of Court, ute 3.1362.) 4, ‘The client presently represented by the attomey is a an individual. 9 a trustee, b a. comporation. he @ personal representative. o I @ partnership. 4 ‘a probate fiduciary. a an unincorporated association. b @ guardien ad fitem, e ‘|. guardian. kK other (spacily): f. [=] aconservator. Limited Liability Corporation (Continued on reverse) ve NOTICE OF MOTION AND MOTION SaaSaiees satNOTICE TO CLIENT : 1 this motion to be relleved as counsel is granted, your present attorney will no longer be representing you. You i | | | may not In most cases represent yourself if you are one of the parties on the following list: | *Aguardian A personal representative + Aguardian ad lem | ° A conservator *A probate fiduciary + An unincorporated association | A trustee + A corporation 1 | { ff you ere one of these parties, YCU SHOULD IMMEDIATELY SEEK LEGAL ADVICE REGARDING LEGAL REPRESENTATION, Failure to retain an attomey may lead to an order striking the pleadings or to the entry ofa default Judgment. 5. Ifthis motion Is granted and a cient Is representing himself or herself, the client will be solely responsible for tha case. NOTICE TO CLIENT WHO WILL BE UNREPRESENTED Permitted to do go, you will be | tutes and applicable tawe. i you fall to do eo, or to appear at hearings, action may be taken against you. You may your case. 6, If this motion is granted, the client must keap the court informed of the client's current address. tf this motion to be relleved as counsel fs granted, the court needs to know how to contact you. If you do not keep the court and other parties Informed of your current address and telephone number, they will not be able to send you notions of setions thet may effect you, hackuding actions Cut cay advorsbty aitect your iaraste or reout in your tosing the case. rs ‘HOS day 9 20) NOTICE OF MOTION AND MOTION Reet COUNSEL—CIVILlL © ° JAMES K. O'GALLAGHER SB #97088 Attorney at Law 225 W. Winton Suite 120 Hayward, CA 94544 (510) 264-0500 Attorney for DEFENDANT NORMAN SABEL A California Resident SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO MONTEREY INSURANCE COMPANY A California Corporation Plaintiff Case No. CGC-14-539780 DECLARATION OF COUNSEL IN SUPPORT OF MOTION TO WITH- DRAW PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE 284 AND CALIFORNIA RULE OF COURT 3.1362 vs. 1725 Fulton St., LLC, NORMAN SABEL, ARTHUR STEPHEN BROWN aka STEVEN BROWN, individually and dba BETTER PROPERTY MANAGEMENT, NIKKO BRAVO MARINA KONAKOVA and Does 1 through 100, inclusive October 2018 Time: 9:30 A.M. Defendants. DEPT; 206 Nee ee SS SS SS SS Se ee 1, JAMES K. O’GALLAGHER declare: That it is imperative that I seek an order to be relieved as counsel of record for two of the defendants in the above matter, Mr. Norman Sabel, the owner of the real estate which is at the center of the dispute, and also 1725 Fulton Street, a limited liability corporation in which Mr. Norman Sabel is the person most qualified as spokesperson for the LLC; This request is made with reluctance but it is necessary for ethical as well as for practical reasons. I believe that continuing representation by the undersigned of Mr. Sabel and the business entity which he owns is counterproductive, and could easily lead to serious prejudice to his interests;Oo 7 st An &F WN NNN NAY NH NY NN BP YP BP BB Be Be eB eB O24 aA ® OWN BP oO © Os Ao ® WN EY oO © ° That the problems described below demonstrate that it is impossible for this attorney to adequately discharge my responsibilities, professional, moral and legal, to the clients herein, Norman Sabel and 1725 Fulton Street, LLC: Generally, the problem is lack of adequate communication. There have been no actual meetings between attomey and client during this calendar year in which much has happened after the ruling of the appellate court; Client has repeatedly refused to meet with the undersigned. There is no communication other than by email and a few brief phone calls. Client has repeatedly been warned of imminent discovery deadlines and lack of preparation , even after two extensions were granted by the adversary. Aside from all of this, client repeatedly avoids the subject of payment of fees, always looking for indemnification or other excuse. Even though the non-payment of fees is not the immediate problem, it is significant and grounds for withdrawal by itself. The client has made no payment since March of 2016. Client “instructs” the attorney to request documents which do not address the crisis of the moment. Client seems to be in denial about the gravity of the situation he is in. In refusing even to have a meeting to discuss how to respond to form interrogatories, or special interrogatories, requests for admission and demands for documents, he places his own interests in peril. He claims that it is entirely the attorney’s responsibility and will communicate only by email. This is not a practical means of proceeding particularly when discovery demands have been served, and sent to the client long ago. There is a fee dispute between the attorney and client, but that is less crucial than the simple refusal to meet and confer to respond to the demands, which also include a scheduled deposition. This refusal to cooperate has made it unreasonably difficult to meet the requirements of employment effectively pursuant to rule 3-700(C)(1) Rules of professional conduct. Client refused to appear at a mediation on October 5, 2018, which possibly could have resultedOo Oo wt DY 2B WN w o 11 12 13) 14 15 16) 17 18 19 20 2q 22 23 24 25 26) 27 28 © ° in settlement. Amore specific description of the problems and evidence, including the record of emails having been -exchanged, could possibly violate California Evidence Code 952 and in that connection the court is invited to hold an “in camera” meeting with Attomey and also the client if he appears at this hearing on the motion to withdraw. Additional specific facts which give rise to this motion are confidential and required to be kept confidential pursuant to Business and Professions Code 6068(e), rule 3-100(A), California Rules of Professional conduct and by the attorney client privilege (Ev. C. 952). _I{n the event this court desires further information to ascertain the good faith basis and ethical dilemma for this motion and for withdrawal, it is respectfully requested that the court hold an INCAMERA hearing outside the presence of the other parties so that the specific facts demonstrating the good cause for this withdrawal may be demonstrated to the court. The client would be encouraged to participate. Manfredi & Levine v. Superior Court (1998) 66 Cal App 4" 1128, 1136-1137, 3-700(B) or C). This court is requested, for the reasons stated, to grant an order relieving the undersigned of all responsibility for the case for both defendants, and placing Mr. Norman Sabel as the attorney of record for both. I declare under penalty of perjury that the foregoing is true and correct and within my own knowledge and that if called to testify, I could competently attest thereto. This declaration is executed on October 16, 2018 in San Francisco. v0. JAMES K OGALLAGHER Norman Sabel