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Case 2:09-cv-03934-GHK-E Document 7 Filed 07/15/2009 Page 1 of 7

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Stephen M. Doniger, Esq. (SBN 179314)
Scott A. Burroughs, Esq. (SBN 235718)
2 DONIGER / BURROUGHS APC
3
300 Corporate Pointe, Suite 355
Culver City, California 90230
4 Telephone: (310) 590-1820
5
Facsimile: (310) 417-3538
E-mail: stephen@donigerlawfirm.com
6 E-mail: scott@donigerlawfirm.com
7
Attorneys for Plaintiff
8 DANIEL JURIN
9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA
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DANIEL JURIN Case No.: CV 09-3934 GHK (Ex)
Honorable George H. King Presiding
13 Plaintiff, NOTICE OF MOTION AND MOTION
14 TO WITHDRAW AS COUNSEL;
vs. DECLARATION OF SCOTT A.
15 BURROUGHS, ESQ.
16 GOOGLE, INC., et al. DATE: August 10, 2009
TIME: 9:30 a.m.
17 Defendants. COURTROOM: 650
18

19

20

21 TO THE HONORABLE COURT, ALL PARTIES, AND THEIR COUNSEL:


22 PLEASE TAKE NOTICE that on August 10, 2009 at 9:30 a.m. or as soon
23 thereafter as the matter may be heard in the above-entitled Court, located at 255 East
24 Temple Street, Los Angeles, California, in the Courtroom 780, DONIGER /
25 BURROUGHS, APC will and hereby does move the Court to be relieved as counsel
26 of record for Plaintiff DANIEL JURIN in this action.
27

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MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E Document 7 Filed 07/15/2009 Page 2 of 7

1 DANIEL JURIN IS FURTHER NOTIFIED that in order to preserve his legal


2 rights, he should act immediately to retain new counsel in this action.
3 The basis for this Motion is that Doniger / Burroughs APC has been unable to
4 communicate effectively with its client, has a difference of opinion with its client in
5 regard to the prosecution of this case, and has been informed that the client does not
6 intend to comply with the terms of the retainer agreement.
7 This motion is made pursuant to Local Rules 83-2.9 of the United States
8 District Court for the Central District of California, relevant case authority and the
9 inherent powers of the Court to control its proceedings. This Motion is based on this
10 Notice of Motion, the attached Memorandum of Points and Authorities the
11 Declaration of Scott A. Burroughs, Esq., the pleadings and papers on file in the
12 action, and such further evidence and argument as may be received by the Court at or
13 prior to the hearing of this motion.
14
DATED: July 15, 2009 DONIGER / BURROUGHS
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By: /S/ Scott A. Burroughs
Scott A. Burroughs, Esq.
17 Attorneys for Plaintiff
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MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E Document 7 Filed 07/15/2009 Page 3 of 7

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MEMORANDUM OF POINTS AND AUTHORITIES

2 I. INTRODUCTION
3
As set forth in the Declaration of Scott A. Burroughs, Esq., in May, 2009,
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DONIGER / BURROUGHS APC (hereinafter “the Firm”) agreed to represent Daniel
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Jurin in connection with his claims against Google, Inc. The parties executed a
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retainer agreement that included the terms under which the Firm would represent Mr.
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Jurin, which included certain terms relating to the bearing of costs associated with
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this matter.
9
On July 10, 2009, our office had an extended teleconference with Mr. Jurin
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regarding the litigation strategy going forward. This discussion included certain
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elements of the discovery plan, elements that we believed to be crucial to the success
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of Mr. Jurin’s claims. There was general disagreement in this regard; and, one
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specific element of the discovery plan, which our office considers particularly
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integral, was objected to by Mr. Jurin. Further discussion revealed that he would not
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support the approach advocated by our office in the manner called for in the retainer
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agreement.
17
Additional communication transpired after this conference, and it became
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apparent that our office and Mr. Jurin had irreconcilable differences in the way we
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viewed the case, and its handling. As such, we informed Mr. Jurin that we would no
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longer be able to represent his company in these proceedings, and advised him to
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immediately seek new counsel. Give the foregoing, our office respectfully requests
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that this Court grant this request and allow our withdrawal as counsel.
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II. LEGAL ARGUMENT
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A. GOOD CAUSE EXISTS TO PERMIT THE WITHDRAWAL
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This request to withdraw is within the ambit of the applicable rules. Rule 4-
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100(c)(1)(d) of the California Rules of Professional Conduct permits an attorney to
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seek withdrawal from representation of a client when the client “by other conduct
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MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E Document 7 Filed 07/15/2009 Page 4 of 7

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renders it unreasonably difficult for the member to carry out the employment

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effectively.” In the instant case, the client has taken a stance that our office does not

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feel will be reconcilable with our office’s intended handling of the case, and has

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indicated that he will not honor certain provisions of the retainer. As such, our office

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faces a severe burden if we go forward with our representation of the client, and the

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client later fails to adhere to the terms of the retainer.

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One of the provisions at issue relates to a financial issue. Financial issues are

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proper grounds for an attorney to withdraw. Statue of Liberty-Ellis Island

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Foundation, Inc. v. International United Industries, Inc., 110 FRD 395, 397

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(S.D.N.Y. 1986).

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The recent events discussed above have damaged the attorney-client

12 relationship and greatly hindered counsel’s ability to effectively represent their

13 interests in this case. As such, we request that this motion be granted.

14 B. LEAVE TO WITHDRAW WILL NOT DELAY

15 COMPLETION OF THIS ACTION OR UNREASONABLY

16 PREJUDICE THE REPRESENTED PARTIES

17 Allowing our office’s withdrawal will not prejudice any party or the forward

18 momentum of this action. This action was only recently filed, is still in its earliest
19 stages, and the defendant has yet to file its responsive pleading. As such, no prejudice
20 will result from the granting of this request.
21 III. CONCLUSION
22 Based on the foregoing, we submit that this motion should be granted.
23 Respectfully submitted,
24 Date: July 15, 2009 DONIGER / BURROUGHS
25

26 By: /S/ Scott A. Burroughs


Scott A. Burroughs, Esq.
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Attorneys for Plaintiff
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MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E Document 7 Filed 07/15/2009 Page 5 of 7

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DECLARATION OF SCOTT A. BURROUGHS, ESQ.

2 I, Scott A. Burroughs, Esq., declare and say that I am an attorney at law duly
3 licensed to practice in this District, and am counsel of record for Plaintiff, Daniel
4 Jurin, in this action.
5 I make this declaration from my own personal knowledge. If called to testify, I
6 could and would honestly testify as to the following:
7 1. In May of this year, our firm agreed to represent Daniel Jurin in
8 connection with his claims against Google, Inc. The parties executed a retainer
9 agreement that included the terms under which the Firm would represent Mr. Jurin,
10 which included certain terms relating to the bearing of costs associated with this
11 matter.
12 2. On July 10, 2009, our office had an extended teleconference with Mr.
13 Jurin regarding the litigation strategy going forward. This discussion included certain
14 elements of the discovery plan, elements that we believed to be crucial to the success
15 of Mr. Jurin’s claims. There was general disagreement in this regard; and, one
16 specific element of the discovery plan, which our office considers particularly
17 integral, was objected to by Mr. Jurin. Further discussion revealed that he would not
18 support the approach advocated by our office in the manner called for in the retainer
19 agreement.
20 3. Additional communication transpired after this conference, and it
21 became apparent that our office and Mr. Jurin had irreconcilable differences in the
22 way we viewed the case, and its handling. As such, we informed Mr. Jurin that we
23 would no longer be able to represent his company in these proceedings, and advised
24 him to immediately seek new counsel.
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4. There is a financial element to the differences between our office and the
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client.
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5. I have notified Mr. Jurin that he must seek new counsel immediately.
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MOTION TO WITHDRAW AS COUNSEL
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6. Mr. Jurin has requested that we mail the files to the following address. I

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have served by mail a copy of the files, and a copy of this motion, on the address

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provided by Mr. Jurin, which is as follows:

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Daniel Jurin

5
7732 Fair Oaks Blvd.

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Carmichael, CA 95608

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I declare under the laws of the United States of America and the penalty of
perjury that the foregoing is true and correct.
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Executed this 15th day of July, 2009, at Culver City, California 90230.

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/S/ Scott A. Burroughs
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Scott A. Burroughs, Esq.
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Declarant
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MOTION TO WITHDRAW AS COUNSEL
Case 2:09-cv-03934-GHK-E Document 7 Filed 07/15/2009 Page 7 of 7

PROOF OF SERVICE
1

2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

3 I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action; my business address is: DONIGER / BURROUGHS APC, 300
4 Corporate Pointe, Suite 355, Culver City, CA 90230.
5
On July 15, 2009, I served the ENCLOSED documents described as Motion to Withdraw as
6 Counsel on the following necessary part(ies) in this action:

7 by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the
attached mailing list.
8 ⌧ by placing  the original ⌧a true copy thereof enclosed in sealed envelopes addressed as
follows:
9
Daniel Jurin
10 7732 Fair Oaks Blvd
11
Carmichael, CA 95608
Stan Kara, Esq.
12 Counsel for Google, Inc. (by PACER
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e-service only)

14 ⌧ BY MAIL
⌧ I deposited such envelope in the mail at Los Angeles, California. The envelope was
15 mailed with postage thereon fully prepaid.
 BY FACSIMILE
16 On this date I caused to be transmitted to the above-mentioned Facsimile Number(s) the
above-referenced document.
17
⌧ As follows: I am "readily familiar" with the firm's practice of collection and processing
18 correspondence for mailing. Under that practice it would be deposited with the U.S. postal service
on that same day with postage thereon fully prepaid at Los Angeles California in the ordinary
19 course of business. I am aware that on motion of the party served, service is presumed invalid if
postal cancellation date or postage meter date is more than one day after date of deposit for mailing
20 in affidavit.
21
EXECUTED July 15, 2009 in Culver City, California.
⌧ I declare under penalty of perjury under the laws of the State of California and the United States
22 of America that the above is true and correct. I further declare that I am employed in the office of a
member of the California Bar, at whose direction this service was made
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By: /S/ Scott A. Burroughs
25 Scott A. Burroughs, Esq.

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MOTION TO WITHDRAW AS COUNSEL

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