{ Converted to text using OCR. The PDF is the controlling document. JM}
REC'D & FILED
2012 MAR 14
ALAN GLOVER
MWCN
JOHN PETER LEE, LTD.
JOHN PETER LEE, ESQ.
JOHN C. COURTNEY, ESQ.
(702) 382-4044 Fax: (702) 383-9950
e-mail: info@johnpeterlee.com
Attorneys for Defendants Optima Technology Corporation, Optima Technology Corporation, and Reza Zandian aka Golamreza Zandianjazi aka Gholamreza Zandianjazi aka Gholam Reza Zandian aka Reza Jazi aka J Reza Jazi aka G. Reza Jazi aka Ghononreza Zandian Jazi
IN
THE FIRST JUDICIAL DISTRICT COURT OF THE STATE OF
IN
AND FOR
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JED MARGOLIN, an individual, Plaintiff, VS.
OPTIMA TECHNOLOGY CORPORATION, a California corporation, OPTIMA TECHNOLOGY CORPORATION, a Nevada corporation, REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI aka G. REZA JAZI aka GHONONREZA ZANDIAN JAZI, an individual, DOE Companies 1-10, DOE Corporations 11-20, and DOE Individuals 21-30, Defendants.
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Case No.: 09OC00579 1B Dept. No.: I
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JOHN PETER LEE, LTD.'S AMENDED MOTION TO WITHDRAW FROM REPRESENTATION OF DEFENDANTS OPTIMA TECHNOLOGY CORPORATION, A CALIFORNIA CORPORATION; OPTIMA TECHNOLOGY CORPORATION, A NEVADA CORPORATION; AND REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI AKA G. REZA JAZI aka GHONONREZA ZANDIAN JAZI
COMES NOW, the law firm of JOHN PETER LEE, LTD., (the Firm) and moves this Honorable Court for an Order to Withdraw from representation of Defendants OPTIMA TECHNOLOGY CORPORATION, A CALIFORNIA CORPORATION; OPTIMA TECHNOLOGY
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CORPORATION, A NEVADA CORPORATION; AND REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI AKA G. REZA JAZI aka GHONONREZA ZANDIAN JAZI.
This Motion is made pursuant to EDCR 7.40(b)(2). This Motion is based upon the following Points and Authorities, all pleadings and papers on file herein, and the Affidavit of counsel attached hereto.
NOTICE OF MOTION
TO: JED MARGOLIN, Plaintiff;
TO: MATTHEW D. FRANCIS, ESQ., and ADAM P. MCMILLEN, Attorneys for Plaintiff,
YOU WILL PLEASE TAKE NOTICE that the undersigned will bring the foregoing JOHN PETER LEE, LTD.'S AMENDED MOTION TO WITHDRAW FROM REPRESENTATION OF DEFENDANTS OPTIMA TECHNOLOGY CORPORATION, A CALIFORNIA CORPORATION. OPTIMA TECHNOLOGY CORPORATION, A NEVADA CORPORATION; AND REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI AKA G. REZA JAZI aka GHONONREZA ZANDIAN JAZI on for hearing before the above entitled Court on the ___ day of 2012, at the hour of ___ :00 _m. of said date, in Department XIX or as soon thereafter as Counsel can be heard.
DATED this 13th day of March, 2012.
BY: _________________
JOHN PETER LEE, ESQ.
JOHN C. COURTNEY, ESQ.
Ph: (702) 382-4044
Attorneys for Defendants Optima Technology Corporation, Optima Technology Corporation, and Reza Zandian aka Golamreza Zandianjazi
aka Gholamreza Zandianjazi aka Gholam Reza Zandian aka Reza Jazi aka J. Reza Jazi aka G. Reza Jazi aka Ghononreza Zandian Jazi
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DECLARATION OF COUNSEL
IN SUPPORT OF JOHN PETER LEE, LTD.'S AMENDED MOTION TO WITHDRAW FROM REPRESENTATION OF DEFENDANTS OPTIMA TECHNOLOGY, A CALIFORNIA CORPORATION; OPTIMA TECHNOLOGY CORPORATION, A NEVADA CORPORATION; AND REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI AKA G. REZA JAZI aka GHONONREZA ZANDIAN JAZI
STATE OF
) ss:
JOHN C. COURTNEY, ESQ., states the following under the penalty of perjury:
1. Declarant has personal knowledge of the matters stated herein, except as to those matters stated upon information and belief, and as to such matters, believes such matters to be true and is competent to testify to the same. Declarant is an attorney licensed to practice law in Nevada and is an associate attorney with the law firm of John Peter Lee, Ltd., which represents OPTIMA TECHNOLOGY, A CALIFORNIA CORPORATION; OPTIMA TECHNOLOGY CORPORATION, A NEVADA CORPORATION; AND REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI AKA G. REZA JAZI aka GHONONREZA ZANDIAN JAZI.
2. The law firm of John Peter Lee, Ltd., and all of its attorneys, hereby seek to withdraw as attorneys of record for OPTIMA TECHNOLOGY, A CALIFORNIA CORPORATION; OPTIMA TECHNOLOGY CORPORATION, A NEVADA CORPORATION; AND REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI AKA G. REZA JAZI aka GHONONREZA ZANDIAN JAZI. Declarant files JOHN PETER LEE, LTD.'S AMENDED MOTION TO WITHDRAW FROM REPRESENTATION OF DEFENDANTS OPTIMA TECHNOLOGY, A CALIFORNIA CORPORATION; OPTIMA TECHNOLOGY CORPORATION, A NEVADA CORPORATION; AND REZA ZANDIAN akE GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI AKA G. REZA JAZI aka GHONONREZA ZANDIAN JAZI.
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3. To the best of Declarant's knowledge and belief the last known address and telephone number at which Plaintiffs may be served or reached with notice of further proceedings taken in this action is:
Reza Zandian
4. The primary reason for requesting withdrawal is that the client no longer wishes to pay fees to John Peter Lee, Ltd. for services rendered, or to be rendered, in the instant case.
5. There are also other reasons that the instant motion to withdraw as counsel is made; however, Declarant does not wish to state said other reasons unless specifically compelled by the Court, particularly because Declarant does not wish to reveal any more attorney-client privileged information than that which is absolutely necessary in order for the Court to grant the instant motion for withdrawal as counsel.
6. This Declaration is made in good faith. FURTHERMORE, Declarant sayeth naught.
JOHN C. COURTNEY, ESQ.
POINTS AND AUTHORITIES
Pursuant to EDCR 7.40(b)(2)(ii), Counsel in any case may be changed only ... (2) When no attorney has been retained to replace the attorney withdrawing, by order of the court, granted upon written motion, and
(i) If the application is made by the attorney, the attorney must include in an affidavit the address, or last known address, at which the client may be served with notice of further proceedings taken in the case in the event the application for withdrawal is granted, and the telephone number, or last known telephone number, at which the client may be reached and the attorney must serve a copy of the application upon the client and all other parties to the action or their attorneys.
Pursuant to the above statutes and case law, John Peter Lee, Ltd. requests this Court for leave to withdraw as counsel for Defendants OPTIMA TECHNOLOGY, A CALIFORNIA
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CORPORATION; OPTIMA TECHNOLOGY CORPORATION, A NEVADA CORPORATION; AND REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI AKA G. REZA JAZI aka GHONONREZA ZANDIAN JAZI, as the Firm has complied with the requirements of the local rule for withdrawal, as attached and incorporated herein in the Declarant of counsel, John C. Courtney, Esq., setting forth the grounds for the Firm's Motion.
DATED this 13th day of March, 2012.
_______________________________
JOHN PETER LEE, ESQ.
BY: ________________
JOHN PETER LEE, ESQ.
JOHN C. COURTNEY, ESQ.
Ph: (702) 382-4044/Fax: (702) 383-9950
Attorneys for Defendants Optima Technology Corporation, Optima Technology Corporation, and Reza Zandian aka Golamreza Zandianjazi
aka Gholamreza Zandianjazi aka Gholam Reza Zandian aka Reza Jazi aka J. Reza Jazi aka G. Reza Jazi aka Ghononreza Zandian Jazi
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CERTIFICATE OF MAILING
I HEREBY CERTIFY that on the day of March, 2012, I served a copy of the above and foregoing JOHN PETER LEE, LTD.'S AMENDED MOTION TO WITHDRAW FROM REPRESENTATION OF DEFENDANTS OPTIMA TECHNOLOGY CORPORATION, A CALIFORNIA CORPORATION; OPTIMA TECHNOLOGY CORPORATION, A NEVADA CORPORATION; AND REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI AKA G. REZA JAZI aka GHONONREZA ZANDIAN JAZI, upon the appropriate parties hereto, by enclosing it in a sealed envelope, deposited in the United States mail, upon which first class postage was fully prepaid addressed to:
Matthew D. Francis
Adam P. McMillen
WATSON & ROUNDS
______________________
An Employee of JOHN PETER LEE, LTD.
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