InProcessOut, LLC v. World Tech Toys, Inc.

Western District of Texas, txwd-5:2018-cv-00869

Memo in Support Declaration of Roland J. Tong In Support

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1 Roland J. Tong (Cal. Bar No. 216836) 2 MANNING & KASS ELLROD, RAMIREZ, TRESTER LLP 3 801 S. Figueroa St, 15th Floor 4 Los Angeles, California 90017-3012 Telephone: (213) 624-6900 5 Facsimile: (213) 624-6999 6 Attorneys for Defendant, 7 WORLD TECH TOYS, INC. 8 UNITED STATES DISTRICT COURT 9 WESTERN DISTRICT OF TEXAS, SAN ANTONIO 10 INPROCESSOUT, LLC dba Case No 5:18-cv-00869-FB 11 FLYNOCEROS, a Texas Limited Assigned For All Purposes to Liability Company Hon. Fred Biery 12 13 Plaintiff, DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO 14 WITHDRAW AS COUNSEL FOR v. DEFENDANT WORLD TECH 15 TOYS, INC. 16 WORLD TECH TOYS, INC., a Date: 17 California Corporation, Time: Courtroom: 18 Defendant. 19 20 21 22 23 24 25 26 27 28 4821-2670-3252.2 1 DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT WORLD TECH TOYS, INC. 1 I, Roland J. Tong, declare as follows: 2 1. I am an attorney at the firm of Manning & Kass Ellrod, Ramirez, Trester, 3 LLP ("Manning & Kass"), which represents the defendant in this action, WORLD 4 TECH TOYS, INC. 5 2. I make this Declaration in support of Manning & Kass's motion to withdraw 6 as counsel for World Tech Toys, Inc., based on my own personal knowledge or, where 7 specified, on information and belief based on documents and statements that I believe 8 to be true and accurate. 9 3. On or about October 2018, World Tech Toys, Inc. retained Manning & 10 Kass to represent it in the instant lawsuit filed by InProcessOut, LLC dba 11 Flynoceros. 12 4. In retaining Manning & Kass, World Tech Toys, Inc agreed to cooperate 13 with Manning & Kass in the preparation and conduct of the representation and to pay 14 Manning & Kass' invoices in a timely way. Failure to cooperate and failure to pay 15 promptly were agreed-upon reasons for Manning & Kass to withdraw from the 16 representation. 17 5. World Tech Toys, Inc. has refused to honor its contractual obligations with 18 its counsel and has failed to pay counsel's invoices for last 4 months. For about a 19 month now, I have been warning Defendant that I will withdraw from representing it 20 if our invoices remain unpaid. 21 6. I tried to obtain the client's signature on the motion to withdraw by emailing 22 the client a copy of the draft of the motion to withdraw on three occasions on April 23 16, 22, and 24, 2019. Client has explicitly refused to sign it, as its President is upset 24 with counsel and has accused counsel of overbilling. Client has also expressed to 25 counsel that if there is any future work relating to this case that it will not agree to pay 26 counsel's bill for said work. 27 28 4821-2670-3252.2 2 DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT WORLD TECH TOYS, INC. 1 7. It has become apparent to Manning & Kass that it could not effectively and 2 professionally represent World Tech Toys, Inc. Accordingly, Manning & Kass gave 3 notice to World Tech Toys, Inc., of its intention to withdraw as counsel. 4 8. Accordingly, on April 25, 2019, Manning & Kass advised Vicken 5 Koyoumijan, the President/Chief Operating Officer of World Tech Toys, Inc., who 6 was our designated point of contact, that the conditions for continued representation 7 had not been met, and that Manning & Kass believed it was necessary to withdraw 8 from representing World Tech Toys, Inc. 9 9. Client's contact information are as follows: 10 Client: World Tech Toys, Inc. Attention: Vicken Koyoumijan 11 Address: 28904 Avenue Paine, Valencia, CA 91355 12 Telephone number: 818-675-9001 13 10. In taking this position, Manning & Kass was guided by Texas Disciplinary 14 Rules of Professional Conduct Rule 1.15(b)(6) also allow withdrawal when the 15 representation will result in an unreasonable financial burden on the lawyer or has 16 been rendered unreasonably difficult by the client. California Rules of Professional 17 Responsibility also allows for withdrawal when a client "breaches a material term of 18 an agreement with, or obligation, to the lawyer relating to the representation, and the 19 lawyer has given the client a reasonable warning after the breach that the lawyer will 20 withdraw unless the client fulfills the agreement or performs the obligation." Cal. R. 21 Prof. Resp. 1.16(b)(6). 22 11. Manning & Kass's withdrawal will not have an injurious effect on World 23 Tech Toys, Inc., and will not delay the progress of this case because, at this point, the 24 parties are just awaiting the Court's decision on various motions, including 25 Defendant's Motion to Dismiss (Dkt. 19). No pre-trial and trial dates have been set. 26 12. Accordingly, on behalf of Manning & Kass, I respectfully request leave of 27 this Court to withdraw as counsel for World Tech Toys, Inc., in this action. 28 4821-2670-3252.2 3 DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT WORLD TECH TOYS, INC. 1 I declare under penalty of perjury that the foregoing is true and correct. 2 3 Date: April 30, 2019 /s/ Roland J. Tong 4 Roland J. Tong (Cal. Bar. No. 216836) 5 MANNING & KASS 6 ELLROD, RAMIREZ, TRESTER LLP 801 S. Figueroa St, 15th Floor 7 Los Angeles, California 90017-3012 8 Telephone: (213) 624-6900 Facsimile: (213) 624-6999 9 10 Attorneys for Defendant, WORLD TECH TOYS, INC. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4821-2670-3252.2 4 DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT WORLD TECH TOYS, INC. CERTIFICATE OF SERVICE 1 2 I hereby certify that on this 30th day of April, 2019, I electronically filed the 3 foregoing DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO 4 WITHDRAW AS COUNSEL FOR DEFENDANT WORLD TECH TOYS, INC. 5 with the Clerk of the Court using the CM/ECF system which will send notification of 6 such filing to the following: 7 H. Dale Langley, Jr. Attorney for Plaintiff 8 THE LAW FIRM OF H. DALE LANGLEY, JR., PC InProcessOut, LLC 1803 West Avenue 9 Austin, TX 78701 T: (512) 477-3830 10 F: (512) 597-4775 E: 11 Matthew J. Booth, Esq. Attorney for Plaintiff 12 MATTHEW J. BOOTH, PC InProcessOut, LLC 5501A Balcones Dr., Ste. 301 13 Austin, TX 78731-4907 T: (512) 474-8488 14 F: (512) 596-2575 E: 15 16 E-MAIL: I also certify the document and a copy of the Notice of Electronic Filing was served via email on the following non-CM/ECF participants: 17 Vicken Kouyoumjian 18 19 U.S. MAIL: I further certify that I served a true copy of the document by 20 depositing it in the United Sates Mail in a sealed envelope with the postage thereon fully prepaid on the following non-CM/ECF participants: 21 22 Attn: Vicken Koyoumijan WORLD TECH TOYS, INC. 23 28904 Avenue Paine, 24 Valencia, CA 91355 T: (818) 675-9001 25 26 /s/ Roland Tong Roland Tong 27 28 4821-2670-3252.2 5 DECLARATION IN SUPPORT OF ATTORNEY'S MOTION TO WITHDRAW AS COUNSEL FOR DEFENDANT WORLD TECH TOYS, INC.