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Gaddis v. Defender Security Company, 1:14-CV-01206-TLN-MJS. (2015)

Court: District Court, E.D. California Number: infdco20150327b71 Visitors: 6
Filed: Mar. 26, 2015
Latest Update: Mar. 26, 2015
Summary: OPPOSITION TO LENDEN WEBB'S ELECTRONIC SERVICE NOTICE AND ORDER THEREON TROY L. NUNLEY , District Judge . TO THE COURT, AND ALL ATTORNEYS OF RECORD, PLEASE TAKE NOTICE THAT: I, Amy R. Lovegren-Tipton, am the counsel of record for Plaintiff JOSE GADDIS in the above-captioned matter. On March 4, 2015, JOSE GADDIS'S former attorney Lenden F. Webb (SBN 258697) filed a Notice of Lien in this matter. On March 23, 2015, Attorney Webb, who is not a party in the matter, and who no longer represen
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OPPOSITION TO LENDEN WEBB'S ELECTRONIC SERVICE NOTICE AND ORDER THEREON

TO THE COURT, AND ALL ATTORNEYS OF RECORD, PLEASE TAKE NOTICE THAT:

I, Amy R. Lovegren-Tipton, am the counsel of record for Plaintiff JOSE GADDIS in the above-captioned matter. On March 4, 2015, JOSE GADDIS'S former attorney Lenden F. Webb (SBN 258697) filed a Notice of Lien in this matter. On March 23, 2015, Attorney Webb, who is not a party in the matter, and who no longer represents a party in the matter, petitioned this court to remain on the court's electronic service list for this case, citing the existence of his lien as the reason to be included on the service list. (See Document 19, PROPOSED ORDER re Electronic Service Notice by Jose Gaddis. (Webb, Lenden), filed on March 23, 2015 at 10:01 am PDT. ["By virtue of this lien, I ask that the court continue to keep my email address . . . on the electronic service list for this case."].)

Plaintiff JOSE GADDIS herein opposes his former attorney's request on the grounds that, in California, the trial court in the underlying actions "has no jurisdiction to determine the existence or validity of an attorney's lien on the judgment. [Citations]." Carroll v. Interstate Brands Corp. (2002) 99 Cal.App.4th 1168, 1173 [121 Cal.Rptr.2d 532, 535]. Accordingly, since there is no established or validated lien on any recovery, then Attorney Lenden Webb has "no right to intervene" in the case or otherwise make demands on this court. Hendricks v. Superior Court In and For City and County of San Francisco (1961) 197 Cal.App.2d 586, 589 [17 Cal.Rptr. 364].

Should Lenden Webb want to stay informed of the status of the matter, he only need look on PACER.

Based on the foregoing legal authority, Plaintiff JOSE GADDIS respectfully requests that this court deny former attorney Lenden Webb's request to remain on the electronic service list.

ORDER

Based on the foregoing, the Court ORDERS that Lenden Webb's petition to remain on the electronic service list for this case be DENIED.

IT IS SO ORDERED.

Source:  Leagle

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