Preview
Pursuant to CRC 2.259 this document has been electronically filed by the
Superior Court of California, County of Santa Barbara, on 10/12/2021 Mic-053
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY
_Kevin R. Nimmons; Meghan K. Woodsome Cory T. BakerSBN:
Relcker, Pfau, Pyle & MCROY LLP
261577; 272459; 315763
F I L E D
SUPERIOR COURT of CALIFORNIA
1421 State Street, Sulte B COUNTY of SANTA BARBARA
Santa Barbara, CA 93101 01/ 07/ 2022
TELEPHONE NOE 805-966—2440 FAxNo.(opEonaE805-966-3320 Darre' E- Parke“ Emma Officer
EMAILADDRESS(optbnao,knimmons@rppmh.com;mwoodsome@rppmh.com;cbaker@rppmh.com BY BakSh- Nalzram
Depmy Clerk
ATTORNEY FOR (Name), AndrewWaters, FCP Private, LLC, and FCP Corporate, Ltd.
SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA BARBARA
STREET ADDRESS:1100 Anacapa Street
MAILING ADDRESS: P,O,Box 21 107
CITY AND HP CODE: Santa Barbara, 93121-1107
BRANcH NAME: Santa Barbara - Anacapa Division
CASE NAME: MARK SCHAUB, et a1. V. ANDREW WYLES WATERS, et a1. CASE NUMBER
20CV021 13
HEARING DATE: January7, 2022
DEPT?“ “ME 10:00 a'm'
ORDER GRANTING ATTORNEY’s
M0TIoN To BE RELIEVED As cOUNSEL—CIVIL BEFORE HON-Donna D- Ge°k
23, 2020
DATE ACTION FILED:JUIle
yet set
TRIAL DATEzNOt
1_ The motion of (name of attorney); Kevin R. Nimmons, Meghan K. Woodsome, Cory T. Baker/Reicker, Pfau, Pyle & McRoy LLP
Andrew Waters, FCP Private, LLC, and FCP Corporate, Ltd.
to be relieved as counsel of record for (name of client):
a party to this action or proceeding, came on regularly for hearing at the date, time, and place indicated above.
2. The following persons were present at the hearing;
KevrrrR—N'i'fmHOTIS' Cory Baker
FINDINGS
3. Attorney has
a. E personally served the client with papers in support of this motion.
b. served client by mail and submitted a declaration establishing that the service requirements of California Rules of Court,
rule 3.1362, have been satisfied.
4. Attorney has shown sufficient reasons why the motion to be relieved as counsel should be granted and why the attorney has brought
a motion under Code of Civil Procedure section 284(2) instead of filing a consent under section 284(1).
ORDER
5. Attorney is relieved as counsel of record for Client
a. effective upon the filing of the proof of service of this signed order upon the client.
b. [ ]effective on (specify date):
6. The client’s current E last known address and telephone number;
5325 County Road 100, Carbondale, CO 81623; andrew.waters@firstcp.com; (805) 220-3955
|fthe client’s current address is known, service on the client must hereafter be made at that address unless
otherwise ordered in item
13. If the current address is not known, service must be made according to Code of Civil Procedure section 1011 (b) and rule 3.252 of
the California Rules of Court.
7. a. The next scheduled hearing in this action or proceeding is set for (date, time, and place):
March 4, 2022 at 8:30 a.m. in Dept 4
b. The hearing will concern (subject matter):Case Management Conference
NOTICE TO CLIENT
You or your new attorney, if any, must prepare for and attend this hearing.
Page1 of2
Form Adopted for Mandatory Use ORDER GRANT' NG ATTORN EY’S Code of Civil Proedure., § 284;
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Mfiflé‘élp‘ié’tflii'nfiflf°£3‘§n MOTION To BE RELIEVED As cOUNSEL—CIVIL R”'“£J£ZZZE2‘J;ZE3§§
Wesklaw Doc Ex Form Builder-
MC-053
CASE NAMES MARK SCHAUB, et al. V. ANDREW WYLES WATERS, et a1. CASE NUMBER:
20CV021 13
8. The following additional hearings and other proceedings (including discovery matters) are set
in thisaction (describe the date,
time, place, and subject matter of each):
9. The trial
in this action or
proceeding:
a. m is not yet set.
b. is set for (specify date, time, and place):
10. Client is hereby notified of the following effects this order may have upon parties.
NOTICE TO CLIENT
Your present attorney will no longer be representing you. You may not inmost cases represent yourself if you are
one of the parties on the following list:
- A guardian - A personal representative - A guardian ad litem
- A conservator - A probate fiduciary - An unincorporated association
- A trustee - A corporation
If you are one of these parties, YOU SHOULD IMMEDIATELY SEEK LEGAL ADVICE REGARDING LEGAL
REPRESENTATION. Failure to retain an attorney may lead to an order striking the pleadings or to the entry of a
defaultjudgment.
11. Client is notified that, if the client will be representing himself or herself, the client shall be solely responsible for the case.
NOTICE TO CLIENT WHO WILL BE UNREPRESENTED
You will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new
attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be
representing yourself. It will be your responsibility to comply with all court rules and applicable laws. lfyou fail to
do so, or fail to appear at hearings, action may be taken against you. You may lose your case.
12. Client is notified that
itis the client’s duty to keep the court informed at all times of the client’s current address.
NOTICE TO CLIENT WHO WILL BE UNREPRESENTED
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 notices of actions that may affect you, including
actions that may adversely affect your interests or result in your losing the case.
13. The court further orders (specify):
Date; 01/07/2022
Mcass tRev-Januaw 1,
20071
Donna
ORDER GRANTING ATTORNEY’s
W D. Geck
fl J
JUDGE OR JUDICIAL OFFICER
a c E
Pagezofz
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: ORDER GRANTING ATTORNEY'S
5 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
Preview
Pursuant to CRC 2.259 this document has been electronically filed by the Superior Court of California, County of Santa Barbara, on 10/12/2021 Mic-053 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY _Kevin R. Nimmons; Meghan K. Woodsome Cory T. BakerSBN: Relcker, Pfau, Pyle & MCROY LLP 261577; 272459; 315763 F I L E D SUPERIOR COURT of CALIFORNIA 1421 State Street, Sulte B COUNTY of SANTA BARBARA Santa Barbara, CA 93101 01/ 07/ 2022 TELEPHONE NOE 805-966—2440 FAxNo.(opEonaE805-966-3320 Darre' E- Parke“ Emma Officer EMAILADDRESS(optbnao,knimmons@rppmh.com;mwoodsome@rppmh.com;cbaker@rppmh.com BY BakSh- Nalzram Depmy Clerk ATTORNEY FOR (Name), AndrewWaters, FCP Private, LLC, and FCP Corporate, Ltd. SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA BARBARA STREET ADDRESS:1100 Anacapa Street MAILING ADDRESS: P,O,Box 21 107 CITY AND HP CODE: Santa Barbara, 93121-1107 BRANcH NAME: Santa Barbara - Anacapa Division CASE NAME: MARK SCHAUB, et a1. V. ANDREW WYLES WATERS, et a1. CASE NUMBER 20CV021 13 HEARING DATE: January7, 2022 DEPT?“ “ME 10:00 a'm' ORDER GRANTING ATTORNEY’s M0TIoN To BE RELIEVED As cOUNSEL—CIVIL BEFORE HON-Donna D- Ge°k 23, 2020 DATE ACTION FILED:JUIle yet set TRIAL DATEzNOt 1_ The motion of (name of attorney); Kevin R. Nimmons, Meghan K. Woodsome, Cory T. Baker/Reicker, Pfau, Pyle & McRoy LLP Andrew Waters, FCP Private, LLC, and FCP Corporate, Ltd. to be relieved as counsel of record for (name of client): a party to this action or proceeding, came on regularly for hearing at the date, time, and place indicated above. 2. The following persons were present at the hearing; KevrrrR—N'i'fmHOTIS' Cory Baker FINDINGS 3. Attorney has a. E personally served the client with papers in support of this motion. b. served client by mail and submitted a declaration establishing that the service requirements of California Rules of Court, rule 3.1362, have been satisfied. 4. Attorney has shown sufficient reasons why the motion to be relieved as counsel should be granted and why the attorney has brought a motion under Code of Civil Procedure section 284(2) instead of filing a consent under section 284(1). ORDER 5. Attorney is relieved as counsel of record for Client a. effective upon the filing of the proof of service of this signed order upon the client. b. [ ]effective on (specify date): 6. The client’s current E last known address and telephone number; 5325 County Road 100, Carbondale, CO 81623; andrew.waters@firstcp.com; (805) 220-3955 |fthe client’s current address is known, service on the client must hereafter be made at that address unless otherwise ordered in item 13. If the current address is not known, service must be made according to Code of Civil Procedure section 1011 (b) and rule 3.252 of the California Rules of Court. 7. a. The next scheduled hearing in this action or proceeding is set for (date, time, and place): March 4, 2022 at 8:30 a.m. in Dept 4 b. The hearing will concern (subject matter):Case Management Conference NOTICE TO CLIENT You or your new attorney, if any, must prepare for and attend this hearing. Page1 of2 Form Adopted for Mandatory Use ORDER GRANT' NG ATTORN EY’S Code of Civil Proedure., § 284; ca" Mfiflé‘élp‘ié’tflii'nfiflf°£3‘§n MOTION To BE RELIEVED As cOUNSEL—CIVIL R”'“£J£ZZZE2‘J;ZE3§§ Wesklaw Doc Ex Form Builder- MC-053 CASE NAMES MARK SCHAUB, et al. V. ANDREW WYLES WATERS, et a1. CASE NUMBER: 20CV021 13 8. The following additional hearings and other proceedings (including discovery matters) are set in thisaction (describe the date, time, place, and subject matter of each): 9. The trial in this action or proceeding: a. m is not yet set. b. is set for (specify date, time, and place): 10. Client is hereby notified of the following effects this order may have upon parties. NOTICE TO CLIENT Your present attorney will no longer be representing you. You may not inmost cases represent yourself if you are one of the parties on the following list: - A guardian - A personal representative - A guardian ad litem - A conservator - A probate fiduciary - An unincorporated association - A trustee - A corporation If you are one of these parties, YOU SHOULD IMMEDIATELY SEEK LEGAL ADVICE REGARDING LEGAL REPRESENTATION. Failure to retain an attorney may lead to an order striking the pleadings or to the entry of a defaultjudgment. 11. Client is notified that, if the client will be representing himself or herself, the client shall be solely responsible for the case. NOTICE TO CLIENT WHO WILL BE UNREPRESENTED You will not have an attorney representing you. You may wish to seek legal assistance. If you do not have a new attorney to represent you in this action or proceeding, and you are legally permitted to do so, you will be representing yourself. It will be your responsibility to comply with all court rules and applicable laws. lfyou fail to do so, or fail to appear at hearings, action may be taken against you. You may lose your case. 12. Client is notified that itis the client’s duty to keep the court informed at all times of the client’s current address. NOTICE TO CLIENT WHO WILL BE UNREPRESENTED 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 notices of actions that may affect you, including actions that may adversely affect your interests or result in your losing the case. 13. The court further orders (specify): Date; 01/07/2022 Mcass tRev-Januaw 1, 20071 Donna ORDER GRANTING ATTORNEY’s W D. Geck fl J JUDGE OR JUDICIAL OFFICER a c E Pagezofz 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: ORDER GRANTING ATTORNEY'S 5 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