Motion for Relieved as Counsel (Judge Dan Thomas Oki)

Case Number: KC067336??? Hearing Date: August 31, 2016??? Dept: J

Re: Joann Boyd, etc. v. Frazer Construction Co., etc., et al. (KC067336)

MOTION TO BE RELIEVED AS COUNSEL

Moving Party: Dariush G. Adli, counsel for Defendant Kevin Frazer dba Frazer Construction Co.

Respondents: No timely opposition filed

POS: Moving OK

In this action for breach of a home improvements contract/negligent construction, the Complaint, filed on 12/12/14, asserts causes of action for:

1. Breach of Contract
2. Negligent Construction
3. Breach of Warranty
4. Violation of Business & Professions Codes
5. Fraud
6. Negligent Misrepresentation

A Final Status Conference is set for 9/19/16. A jury trial is set for 9/27/16.

Dariush G. Adli and Bernard Jasper (?Jasper?) of Aldi Law Group, P.C. seek to be relieved as counsel of record for Defendant Kevin Frazer dba Frazer
Construction Co. (?defendant?).

Jasper represents that ?[d]efendant has not performed as required by the engagement agreement. This issue has impeded the ability to continue to defend [d]efendant in this litigation.? He further represents that his firm has been explicitly told not to incur additional fees, even with the admonishment that trial preparation must still be completed.

Jasper represents that he has served defendant by mail at his last known address with copies of the motion papers served with his declaration, and that he has confirmed within the past 30 days that the address is current, via confirmation in writing. There is a Final Status Conference set for 9/19/16 and a jury trial set for 9/27/16.

This motion is granted, effective upon the filing of the proof of service showing service of the signed order upon the client.