{ Converted to text using OCR. Exhibit 2 is in the PDF. The PDF is the controlling document. JM}
Electronically Filed
Dec 16 2015 08:43 a.m.
Tracie K. Lindeman
Clerk of Supreme Court
IN THE SUPREME COURT OF THE STATE OF NEVADA
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REZA ZANDIAN A/K/A GOLAMREZA ZANDIANJAZI A/K/A GHOLAM REZA ZANDIAN A/K/A REZA JAZI A/K/A J. REZA JAZI A/K/A G. REZA JAZI A/K/A GHONOREZA ZANDIAN JAZI, AN INDIVIDUAL, Appellant,
VS.
JED MARGOLIN, AN INDIVIDUAL, Respondent. |
Nevada Supreme Court Case No. 69372
District Court Case No. 09OC005791B |
MOTION TO WITHDRAW AS COUNSEL FOR APPELLANT REZA ZANDIAN
Severin A. Carlson ("Carlson"), Tara C. Zimmerman ("Zimmerman") and Kaempfer Crowell (collectively "Counsel"), counsel for Appellant REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI aka G. REZA JAZI aka GHONONREZA ZANDIAN JAZI ("Appellant"), pursuant to Supreme Court Rule ("SCR") 46 and Nevada Rule of Professional Conduct ("NRPC") m6, move this Court for an order granting Counsel's motion to withdraw as counsel of record in this matter.
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This motion is made based upon the following Points and Authorities and the Affidavit of Severin A. Carlson, attached hereto as Exhibit 1.
MEMORANDUM OF POINTS AND AUTHORITIES
I. FACTUAL BACKGROUND
Kaempfer Crowell entered an appearance in the First Judicial District Court on behalf of Appellant on or about March 3, 2014, to, among other things, seek to set aside orders of the District Court that had been entered against Appellant, directly and via appeals to this Court.
The District Court, in its November 6,2015 Order Granting Plaintiff's Motion for Debtor Examination and to Produce Documents (the "November 6 Order"), attached hereto as Exhibit 2, ordered Appellant to produce to counsel for Respondent JED MARGOLIN ("Respondent"), on or before December 21, 2015, various information and documents as set forth in the November 6 Order. The November 6 Order also directed Appellant to appear for a judgment debtor examination at a location to be specified by Respondent's counsel in San Diego, California in February 2016.
Thereafter, Carlson advised Appellant that Counsel would be seeking to withdraw in the District Court proceedings unless Appellant's obligations were fulfilled. At that time, Appellant advised Carlson that he wished to pursue the instant appeal of the November 6 Order. Given the approaching
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deadline for filing an appeal, Carlson agreed to file the Notice of Appeal and. Case Appeal Statement with the First Judicial District Court on Appellant's behalf, solely for the purpose of preserving Appellant's appeal. Carlson advised Appellant that Counsel would be seeking to withdraw in both the District Court and Nevada Supreme Court proceedings immediately thereafter. Counsel filed a Motion to Withdraw as Counsel in the District Court proceedings on December 10, 2015, the same day the Notice of Appeal was filed.
During Counsel's representation, Appellant has substantially failed to fulfill his obligations to Counsel regarding their services, despite Appellant having been given reasonable warning that Counsel would withdraw unless the obligations were fulfilled. Further representation would result in an unreasonable financial burden on Counsel. The representation has also been rendered unreasonably difficult as a result of Appellant's failure to meet his obligations to Counsel.
Furthermore, Appellant insists upon taking action that Counsel considers repugnant or with which Counsel has fundamental disagreement, therefore making the immediate request to withdraw reasonable.
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II. ANALYSIS
Rule 1.16(b)(5) of the Nevada Rules of Professional Conduct provides that an attorney may withdraw from representing a client if "[t]he client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given a reasonable warning that the lawyer will withdraw unless the obligation is fulfilled."
Rule 1.16(b)(4) of the Nevada Rules of Professional Conduct provides that an attorney may withdraw from representing a client if "[a] client insists upon taking action that the lawyer considers to be repugnant or with which the lawyer has a fundamental disagreement." Furthermore, SCR 46 provides:
The attorney in an action or special proceeding may be changed at any time before judgment or final determination as follows:
(2) Upon the order of the court or judge thereof on the application of the attorney or the client.
In this case, Appellant has not only substantially failed to fulfill his obligations to Counsel regarding their services, but also insists upon taking action that Counsel considers to be repugnant or with which Counsel has a fundamental disagreement. Consequently, Counsel hereby request that the Court issue an order allowing withdrawal as Appellant's counsel.
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As set forth in the attached Affidavit of Severin A. Carlson, and based upon information and belief, the last known addresses of Appellant are as follows:
Gholam Reza Zandian Jazi
6 rue Edouard Fournier
75116 Paris
France
Reza Zandian
c/o Alborz Zandian
9 MacArthur Place, Unit 2105
Santa Ana, California 92707-6753
rezazand@hotmail.com
This Motion will be served upon Appellant. No judgment or final determination has been filed in this case other than those previously ordered by the District Court and upheld by this Court.
Counsel has complied with all requirements to withdraw as counsel of record. As such, an order allowing Counsel to withdraw is appropriate. Appellant has been provided a copy of the District Court's November 6 Order, after having been informed of the District Court's ruling from the bench, and therefore is readily aware of the deadlines and requirements set forth in the November 6 Order. Appellant has also been advised of the deadlines before this Court, including this Court's assignment of this case to the Mandatory Settlement Program.
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III. CONCLUSION
For the reasons stated above, Counsel request an order of this Court allowing them to withdraw as counsel of record for Appellant in this action. DATED this 15th day of December, 2015.
KAEMPFER CROWELL
BY: ______________________
SEVERIN A. CARLSON
Nevada Bar No. 9373
TARA C. ZIMMERMAN
Nevada Bar No. 12146
510 West Fourth Street
Carson City, Nevada 89703
Attorneys for Appellant
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CERTIFICATE OF SERVICE
Pursuant to NRAP 25(d), I, the undersigned, hereby certify that on the 15th day of December, 2015, I caused the foregoing MOTION TO
WITHDRAW AS COUNSEL FOR APPELLANT REZA ZANDIAN to be served this date by depositing a true copy of the same for mailing at Reno, Nevada, first class postage fully prepaid and addressed to:
Matthew D. Francis, Esq.
Adam P. McMillen, Esq.
Watson Rounds
5371 Kietzke Lane
Reno, Nevada 89511
775.324.4100
775.333.8171 - facsimile
Attorneys for Respondent
Reza Zandian
c/o Alborz Zandian
9 MacArthur Place, Unit 2105
Santa Ana, California 92707-6753
Appellant
Gholam Reza Zandian Jazi
6 rue Edouard Fournier
75116 Paris
France
Appellant
I also caused the foregoing Motion to be served this date by e-mail to Appellant as follows:
rezazand@hotmail.com
________________________________
an employee of Kaempfer Crowell
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EXHIBIT 1
Docket 69372 Document 2015-38319
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REZA ZANDIAN A/K/A GOLAMREZA ZANDIANJAZI A/K/A GHOLAM REZA ZANDIAN A/K/A REZA JAZI A/K/A J. REZA JAZI A/K/A G. REZA JAZI A/K/A GHONOREZA ZANDIAN JAZI, AN INDIVIDUAL, Appellant,
VS.
JED MARGOLIN, AN INDIVIDUAL, Respondent.
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Nevada Supreme Court Case No. 69372
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AFFIDAVIT OF SEVERIN A. CARLSON IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL FOR APPELLANT REZA ZANDIAN
STATE OF NEVADA )
) ss.
COUNTY OF WASHOE )
1. I am duly licensed to practice law in the State of Nevada and am a partner at the law firm of Kaempfer Crowell, as well as counsel for Appellant REZA ZANDIAN ("Appellant") in the above-entitled matter.
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2. I have personal knowledge of the facts stated herein, except for those stated upon information and belief and, as to those, I believe them to be true.
3. I make this Affidavit in support of Kaempfer Crowell's Motion to Withdraw as Counsel for Appellant.
4. Continued representation of Appellant will result in an unreasonable financial burden on Kaempfer Crowell and the representation has been rendered unreasonably difficult.
5. Appellant has been repeatedly reminded of his obligations to Kaempfer Crowell and that failure to meet those obligations could result in Kaempfer Crowell withdrawing as counsel of record.
6. Appellant continues to have substantial outstanding obligations to Kaempfer Crowell that remain unrectified.
7. Despite repeated attempts to counsel Appellant, Appellant insists upon taking action that Kaempfer Crowell and I consider to be repugnant or with which we have a fundamental disagreement.
8. Appellant's current mailing address on file with this office, as well as all other known possible addresses are:
Gholam Reza Zandian Jazi
6 rue Edouard Fournier
75116 Paris
France
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Reza Zandian
c/o Alborz Zandian
9 MacArthur Place, Unit 2105
Santa Ana, California 92707-6753
rezazand@hotmail.com
8. That in light of the above, I believe an order allowing Kaempfer Crowell to withdraw from representation in this matter is appropriate and that such withdrawal complies with the applicable rules of professional conduct, Nevada Supreme Court Rules, and Nevada Rules of Appellate Procedure.
FURTHER YOUR AFFIANT SAYETH NAUGHT.
DATED this 15th day of December, 2015.
_____________________________
SEVERIN A. CARLSON
Subscribed and Sworn to before me this 15th day of December, 2015, by Severin A. Carlson.
________________________
NOTARY PUBLIC
My Commission Expires: 11/2/2016
SHERYL A. HASCALL
Notary Public State of Nevada
No. 13-11538-2
My appt. exp. Nov. 2, 2016