U.S. Bank, National Association vs Countryside Homeowners Association, et al

Filing 87

ORDER granting ECF No. 85 Motion to Withdraw as Attorney - Luis Alonso Ayon withdrawn from case; directing Defendant KK Real Estate Investment Fund to retain new attorney by 9/17/2019. Signed by Magistrate Judge Daniel J. Albregts on 9/9/2019. (Copies have been distributed pursuant to the NEF - KR)

Case 2:15-cv-01463-RCJ-DJA Document 85 Filed 09/05/19 Page 1 of 8

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LUIS A. AYON, ESQ.
Nevada Bar No. 9752
AYON LAW, PLLC
8716 Spanish Ridge Avenue, Suite 115
Las Vegas, Nevada 89148
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
Attorneys for Defendant/Counter-Claimant,
KK Real Estate Investment Fund, LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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U.S. BANK, NATIONAL ASSOCIATION,
AS TRUSTEE FOR THE HOLDERS OF
THE CSFB MORTGAGE SECURITIES
CORP.,
ADJUSTABLE
RATE
MORTGAGE
TRUST
2005-8,
ADJUSTABLE RATE MORTGAGEBACKED
PASS-THROUGH
CERTIFICATES, SERICES 2005-8,
Plaintiff,

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MOTION TO WITHDRAW AS COUNSEL
FOR DEFENDANT/COUNTERCLAIMANT KK REAL ESTATE
INVESTMENT FUND, LLC AND
REQUEST TO BE REMOVED FROM ECF
SERVICE LIST

v.

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Case No.: 2:15-cv-01463-RCJ-DJA

COUNTRYSIDE
HOMEOWNERS
ASSOCIATION; KK REAL ESTATE
INVESTMENT FUND, LLC; DOE
INDIVIDUALS I-X, inclusive; and ROE
CORPORATIONS I-X, inclusive,

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Defendants.
AND ALL RELATED CLAIMS.

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COMES NOW, Luis A. Ayon, Esq. of the law firm of AYON LAW, PLLC (hereinafter

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referred to as “Counsel”), counsel of record for Defendant/Counter-Claimant, KK Real Estate

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Investment Fund, LLC (hereinafter referred to as “Defendant” or “KK Real Estate”), and pursuant

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to LR IA 11-6 and SCR 46, counsel hereby moves this Court for an Order Granting Counsel’s

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Motion to Withdraw as Counsel of Record for Defendant, with regard to the above-referenced

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matter.

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///

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Case 2:15-cv-01463-RCJ-DJA Document 85 Filed 09/05/19 Page 2 of 8

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This Motion is made and based upon the following memorandum of points and authorities,

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the papers and pleadings on file herein, as well as the Declaration of Luis A. Ayon, Esq., in

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support of the Motion to Withdraw as counsel attached hereto.

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DATED this 5th day of September, 2019.

AYON LAW, PLLC
/s/ Luis A. Ayon ________
LUIS A. AYON, ESQ.
Nevada Bar No. 9752
8716 Spanish Ridge Avenue, Suite 115
Las Vegas, Nevada 89148

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Case 2:15-cv-01463-RCJ-DJA Document 85 Filed 09/05/19 Page 3 of 8

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MEMORANDUM OF POINTS AND AUTHORITIES

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I.

FACTURAL BACKGROUND

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This matter arose out of a Complaint [ECF No. 1] filed by Plaintiff, U.S. Bank, National

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Association, as Trustee for The Holders of The CSFB Mortgage Securities Corp., Adjustable Rate

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Mortgage Trust 2005-8, Adjustable Rate Mortgage-Backed Pass-Through Certificates, Series

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2005-8 (hereinafter referred to as “Plaintiff” or “U.S. Bank”), in the United States District Court,
District of Nevada bearing Case No. 2:15-cv-1463-RCJ-DJA, on or about July 31, 2015, alleging
damages against Defendant, KK Real Estate, with regard to the property located at 8543 Ebony
Hills Way, Las Vegas, Nevada 89123. On or about September 17, 2015, Defendant filed an
Answer and Counterclaim [ECF No. 21]. On or about October 1, 2015, Plaintiff filed an Answer
to the Counterclaim [ECF No. 23].
On or about October 31, 2016, Plaintiff filed a Motion for Summary Judgment [ECF No.
48] in which Defendant, KK Real Estate, responded to [ECF No. 49] on or about November 23,

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2016, followed by a Reply in Support of U.S. Bank’s Motion for Summary Judgment [ECF No.

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52] on or about December 12, 2016.

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On or about January 12, 2017, a Substitution of Attorney for KK Real Estate [ECF No.

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54] was filed by Maier Gutierrez Ayon to substitute in for Hong & Hong. An Order [ECF No.

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55] was entered that ruled in favor of U.S. Bank’s Motion for Summary Judgment on or about

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April 13, 2017, in which KK Real Estate filed a Notice of Appeal [ECF No. 59] on or about May

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11, 2017.

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On or about May 19, 2017, Maier Gutierrez & Associates filed a Motion to Withdraw as

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Attorneys of Record [ECF No. 62] for Defendant, KK Real Estate. On or about June 6, 2017, an

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Order [ECF No. 68] was entered granting Maier Gutierrez & Associates’ Motion to Withdraw,

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followed by Ayon Law, PLLC’s Notice of Appearance [ECF No. 70] on behalf of KK Real Estate
on or about June 20, 2017.
At the Status Conference set by the Court on June 10, 2019 [EFC No. 80], the Court
determined that this matter be set for a Calendar Call on November 19, 2019 at 9:00 a.m. in Reno,

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Case 2:15-cv-01463-RCJ-DJA Document 85 Filed 09/05/19 Page 4 of 8

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Nevada, and Jury Trial to follow on December 2, 2019 at 8:30 a.m., in Reno, Nevada. However,

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Defendant KK Real Estate has failed to meet its financial obligations to Ayon Law, and therefore,

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counsel for Defendant KK Real Estate is requesting to withdraw from this case.

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There are currently two (2) depositions that have been scheduled by Plaintiff. One on

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October 8, 2019, and on October 9, 2019. Ayon Law is requesting that it withdraw from this

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matter before those dates.
II.

LEGAL ANALYSIS

Counsel has good cause to withdraw its representation pursuant to Rule 1.16(b) of the

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Nevada Rules of Professional Conduct (hereinafter referred to as “NRPC”) wherein it states that:

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See NRPC 1.16(b):

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(1) “Withdrawal can be accomplished without material adverse effect on the interests of
the client”
…
(6) The representation will result in an unreasonable financial burden on the lawyer or has
been rendered unreasonably difficult by the client; or
(7) Other good cause for withdrawal exists.”
Furthermore, the attorney client relationship has dissolved at the client’s request.
Supreme Court Rule 41 reads that:

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“The attorney in an action or special proceedings may be changed at any time before

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judgment or final determination as follows:

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Upon consent of the attorney, approved by the client.

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Upon the order of the court or judge thereof on the application of the attorney or
client.”

See SCR 41:

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Case 2:15-cv-01463-RCJ-DJA Document 85 Filed 09/05/19 Page 5 of 8

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Pursuant to the request of Ayon Law, Counsel is requesting that it be permitted to withdraw

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from this matter as continued representation of Defendant KK Real Estate Investment would be

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an unreasonable financial burden.

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III.

CONCLUSION

Counsel respectfully requests of this Court to approve his withdrawal of representation of
Defendant without delay so that Defendant may retain alternative representation as this matter
has been set for an upcoming Calendar Call on November 19, 2019 at 9:00 a.m., and Jury Trial
to follow on December 2, 2019 at 8:30 a.m., in Reno, Nevada. Defendant has requested that
Counsel discontinue its representation immediately. Moreover, Ayon Law requests that it be
removed from the ECF service list.
DATED this 5th day of September, 2019.
AYON LAW, PLLC
_/s/ Luis A. Ayon_____________________
LUIS A. AYON, ESQ.
Nevada Bar No. 9752
8216 Spanish Ridge Ave., #115
Las Vegas, Nevada 89148

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Case 2:15-cv-01463-RCJ-DJA Document 85 Filed 09/05/19 Page 6 of 8

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DECLARATION OF LUIS A. AYON, ESQ. IN SUPPORT OF

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MOTION TO WITHDRAW AS COUNSEL

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I, Luis A. Ayon, Esq., of the law firm of AYON LAW, PLLC, hereby submits this
declaration as follows:

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owner/partner of the law firm of AYON LAW, PLLC;

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I am an attorney, duly licensed to practice law, in the State of Nevada, and am the

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That I was retained to represent the interests of Defendant, KK REAL ESTATE

INVESTMENT FUND, LLC, with regard to United States District Court, District of Nevada
bearing Case No. 2:15-cv-1463-RCJ-DJA, and possess personal knowledge of this ongoing
litigation;
3.

On or about August 16, 2019, I was informed by Joseph Hong, Esq., that he would

be taking over this case along with other cases the client had with Ayon Law.
4.

On or about August 21, 2019, I followed up with Joseph Hong regarding the

notices of appearance for this client, but I was informed that Mr. Hong had not been formally
retained.

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5.

I have informed the client that I would be withdrawing from this matter.

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6.

Defendant is aware that it will need to retain alternative representation since this

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matter has been set for an upcoming Calendar Call on November 19, 2019 at 9:00 a.m., and Jury

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Trial to follow on December 2, 2019 at 8:30 a.m., in Reno, Nevada;
7.

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That Defendant’s last known address is:
KK Real Estate Investment Fund, LLC
c/o Leo Chan
2625 S. Rainbow Blvd., C106
Las Vegas, Nevada 89146
Phone no.: 702-301-3395
Email: [e-mail]

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Case 2:15-cv-01463-RCJ-DJA Document 85 Filed 09/05/19 Page 7 of 8

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Continuing representing Defendant KK Real Estate Investment would be

unreasonable financial burden to Ayon Law; and

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I declare under penalty of perjury that the above is true and correct.

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DATED this 5th day of September, 2019.

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That this request is not made in bad faith.

/S/Luis A. Ayon, Esq. ____________
LUIS A. AYON, ESQ.

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Case 2:15-cv-01463-RCJ-DJA Document 85 Filed 09/05/19 Page 8 of 8

CERTIFICATE OF SERVICE

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Pursuant to NRCP 5(b), I certify that on the 5th day of September, 2019, I did cause a true

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copy of MOTION TO WITHDRAW AS COUNSEL OF RECORD, to be e-filed/served, via

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the Court’s CM/ECF system to all parties and counsel and/or by depositing a true copy of same

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in the United States Mail, at Las Vegas, Nevada to all parties entitled to receive notice.

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Via U.S. Mail to:
KK Real Estate Investment Fund, LLC
c/o Leo Chan
2625 S. Rainbow Blvd., C106
Las Vegas, Nevada 89146

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_/s/ Coreene L. Drose
An Employee of Ayon Law, PLLC

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ORDER

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IT IS SO ORDERED.
IT IS FURTHER ORDERED that by September 17, 2019, Defendant
KK Real Estate Investment Fund, LLC must retain a new attorney
and that attorney must file a notice of appearance in this case.

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IT IS FURTHER ORDERED that the Clerk is hereby directed to
remove Luis A. Ayon, Esq. from the CM/ECF service list for this
matter.

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DATED: September 9, 2019

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_________________________________
Daniel J. Albregts
United States Magistrate Judge

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