Case3:10-cv-01205-VRW Document27 Filed09/02/10 Page1 of 2

1 MICHAEL E. ADAMS (SBN: 47278)

LAW OFFICES OF MICHAEL E. ADAMS
2 702 Marshall Street, Suite 300
Redwood City, CA 94063
3 Telephone: (650) 599-9463
Fax: (650) 599-9785
4
Attorney for Defendants
5 GLOBETRACK WIRELESS, INC.,
and SOS-WHERIFY, INC.
6
7 UNITED STATES DISTRICT COURT
8 NORTHERN DISTRICT OF CALIFORNIA
9
10
Case No. CV-10-01205 VRW
11 DANIEL McKELVEY,
12 Plaintiff,
MEMORANDUM OF POINTS
13 v. AND AUTHORITIES IN
SUPPORT OF MOTION TO
14 WITHDRAW AS ATTORNEY
GLOBETRACK WIRELESS, INC., FOR DEFENDANTS
15 SOS-WHERIFY, INC., and DOES 1-20,
______________________________
16 Defendants.
DATE: October 14, 2010
17 ___________________________________ TIME: 10:00 a.m.
COURTROOM 6 (17 th Floor)
18 JUDGE: Hon. Vaughn R. Walker
19 I. FACTS
20 On March 19, 2010, Defendants Globetrack Wireless, Inc. and SOS-Wherify, Inc.
21 entered into a written retainer agreement for the undersigned to represent them in
22 removing the instant case from state court to the above-entitled court, and thereafter
23 litigating the instant case to a conclusion. Said agreement provided that, in exchange,
24 said Defendants would pay retainer installments toward the hourly attorney’s fees of the
25 undersigned, and would thereafter pay any further amounts required for attorney’s fees
26 for work performed by the undersigned, as well as to reimburse any litigation costs
27 advanced, promptly upon request for same by the undersigned.
28 Upon entering into said retainer agreement, said Defendants paid an initial retainer
L AW O FFICES O F
M ICHAEL E. A DAMS
702 M ARSHALL S T ., #300 1
R EDWOOD C ITY C A 94063
(650) 599-9463 Memorandum of Points and Authorities in Support of Motion to W ithdraw as Attorney for Defendants
 Case3:10-cv-01205-VRW Document27 Filed09/02/10 Page2 of 2

1 installment of $1,000.00, but have since failed to make any further payments to the
2 undersigned for fees earned and costs advanced, despite his numerous requests for same.
3 In that the undersigned thereafter advanced $1,845 in litigation costs, the net financial
4 impact for the undersigned from representing Defendants is that he is not only wholly
5 unpaid for the approximately thirty hours of work given this case, but has lost $845.00.
6 On August 18, 2010, the undersigned notified Defendants by email of his intent to
7 withdraw as their attorney of record if not immediately paid, and of the consequences for
8 them if he did withdraw, namely that they could not continue to defend against Plaintiff’s
9 claim herein unless they promptly retained another attorney to represent them, and, absent
10 such representation, could face the entry of a default judgment against them. A true copy
11 of said email is attached as Exhibit A. Defendants acknowledged to the undersigned that
12 they received said email notice, but did not respond with any payment.
13
14 II. THE COURT SHOULD GRANT LEAVE FOR THE UNDERSIGNED TO
15 WITHDRAW AS THE ATTORNEY OF RECORD FOR DEFENDANTS
16 It is generally recognized that the failure of a client to pay the proper fees or
17 expenses of the attorney after being reasonably requested to do so is a proper ground for
18 the attorney to withdraw from the case. People v. Prince, 268 Cal.App.2d 398 (1968),
19 Shapiro, Lifschitz & Schram, P.C. v. R.E. Hazard, Jr., et. al., 24 F.Supp.2d 66 (1998 D.C.
20 Columbia). Herein, Defendants have utterly failed to meet their financial obligations to
21 the undersigned, despite the numerous opportunities that the undersigned has given them
22 to do so. The court should therefore issue an order pursuant to Local Rule 11-5 allowing
23 the undersigned to withdraw.
24 DATED: September 2, 2010
25 s/ Michael E. Adams
26 _________________________________
MICHAEL E. ADAMS
27 Attorney for Defendants
GLOBETRACK WIRELESS, INC. and
28 SOS-WHERIFY, INC.
L AW O FFICES O F
M ICHAEL E. A DAMS
702 M ARSHALL S T ., #300 2
R EDWOOD C ITY C A 94063
(650) 599-9463 Memorandum of Points and Authorities in Support of Motion to W ithdraw as Attorney for Defendants