Free Declaration in Support - District Court of California - California

Case 3:07-cv-04781-VRW

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Filed 12/17/2007

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Vernon C. Goins, Esq. (CA Bar No. 195461) TAYLOR, GOINS & STALLWORTH LLP 1330 Broadway, Suite 1701 Oakland, CA 94612 Telephone: (510) 893-9465 Facsimile: (510) 893-4228 Attorneys for Plaintiffs LINDA PEDRAZA and FRANCISCO PEDRAZA, individually and as guardians ad litem on behalf of their son MICHAEL PEDRAZA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) Plaintiffs, ) vs. ) ALAMEDA UNIFIED SCHOOL DISTRICT, ) AND the CALIFORNIA DEPARTMENT OF ) EDUCATION, THE ALAMEDA COUNTY ) BOARD OF EDUCATION, ALAN NISHINO, ) ) individually and as superintendent of the Alameda Unified School District, ARDELLA ) DAILEY, individually and as superintendent of ) the Alameda Unified School District, DAVID ) WAX, individually and as Special Education ) ) Director of the Alameda Unified School District, THERESA ANDERBERG, as Special ) Education Director of the Alameda Unified ) ) School District, THE CALIFORNIA DEPARTMENT OF EDUCATION and JACK ) and O'CONNELL, as State Superintendent of ) Public Instruction for the State of California. ) ) Defendants. ) _______________________________________ ) LINDA PEDRAZA and FRANCISCO PEDRAZA, individually and as guardians ad litem on behalf of their son MICHAEL PEDRAZA,

CASE NO. C07-04781 VRW

DECLARATION OF VERNON C. GOINS IN SUPPORT OF MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL FOR MICHAEL PEDRAZA, LINDA PEDRAZA AND FRANCISCO PEDRAZA Date: January 24, 2008 Time: 2:00 p.m. Place: 450 Golden Gate Avenue, Rm. 6 17th Flr., San Francisco, CA 94102 Judge: Hon. Vaughn R. Walker

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DECLARATION OF VERNON C. GOINS IN SUPPORT OF MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSLE FOR MICHAEL PEDRAZA, LINDA PEDRAZA AND FRANCISCO PEDRAZA [CASE NO. C07-04781VRW]

Case 3:07-cv-04781-VRW

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I, Vernon C. Goins, Esq., hereby declare as follows: 1. I am a partner at the law firm of Taylor, Goins & Stallworth LLP, formerly Taylor

& Goins LLP, and an attorney admitted to practice before this Federal Court. 2. I and my firm are currently the attorneys for Linda Pedraza and Francisco

Pedraza, both as individuals and as guardians ad litem for Michael Pedraza, a minor. 3. I have moved this court for leave to withdraw as counsel for Michael Pedraza,

Linda Pedraza and Francisco Pedraza for the following reasons: a. Michael Pedraza, son of Linda Pedraza and Francisco Pedraza, was born

on October 25, 1999. He has autism, which renders him a person with disability within the meaning of 20 U.S.C. §1401(3) and an individual with exceptional needs within the meaning of California Education Code §56026. Michael, a resident of Alameda County, is eligible to receive

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special education and related services pursuant to the IDEA and California Education Code §§
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56000, et seq.
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b.
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When the local school district failed to provide Michael with an

appropriate education, his parents took legal action. The path through the courts possibly moved more slowly than they would have liked. c. In January 2007, Mr. and Mrs. Pedraza requested copies of all filed

documents relating to their matter. These documents were provided. d. Mr. and Mrs. Pedraza used the information in these documents to make

repeated, ex parte communications to the judge assigned to their case, pleading the urgency of their son's education, and demanding immediate action. Some of these letters and documents contained statements about me and my firm, which were not compatible with continued representation of these clients. Most recently, on December 11, 2007, Mr. and Mrs. Pedraza filed documents with this Court requesting that I be terminated as their counsel. This document is attached hereto as Exhibit A and incorporated herein by this reference. They have also filed documents with this Court, purporting to act pro se.

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DECLARATION OF VERNON C. GOINS IN SUPPORT OF MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSLE FOR MICHAEL PEDRAZA, LINDA PEDRAZA AND FRANCISCO PEDRAZA [CASE NO. C07-04781VRW]

Case 3:07-cv-04781-VRW

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e.

Mr. and Mrs. Pedraza sent copies of these communications to the

Court, opposing counsel and the undersigned. I repeatedly urged them to stop the communications. They refused to do so. f. On November 1, 2007, the Honorable Maria-Elena James issued an order

setting a mandatory settlement conference for December 3, 2007 at 2:00 p.m. All parties except for Mr. and Mrs. Pedraza attended the settlement conference. g. On September 17, 2007, pursuant to the request of Mr. and Mrs. Pedraza, I

filed a Complaint in the Northern District of California entitled Pedraza v. Alameda Unified School District et al., case number C07-04781 VRW. Soon after, Mr. and Mrs. Pedraza disagreed with the litigation strategy to file this action, and have since demanded that the action be withdrawn, contrary to my advice. Thereafter, purporting to act pro se, Plaintiffs filed a

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Complaint entitled Pedraza v. Office of Administrative Hearings et al, Alameda County Superior
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Court case number RG07356345 regarding the same matter. Subsequently, that matter was
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removed, assigned case number C07-5989 VRW and has since been related.
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h.

Mr. and Mrs. Pedraza are failing and refusing to accept advice of counsel

and are failing and refusing to adhere to court rules. As a result, I cannot continue as their attorney. 4. The present address of the Plaintiffs is: Linda Pedraza Francisco Pedraza 22 Souza Court Alameda, CA 94502 Facsimile No.: (510) 749-7072 E-mail Address: [email protected] 5. On December 17, 2007, the Notice of Motion to Be Relieved as Counsel, the

Points and Authorities in support thereof, and the instant Declaration were sent to the Plaintiffs via overnight mail, fax, and e-mail, to the address, fax number and e-mail address listed in paragraph 4, above. Counsel for defendants have been provided copies of the moving papers via ECF.
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DECLARATION OF VERNON C. GOINS IN SUPPORT OF MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSLE FOR MICHAEL PEDRAZA, LINDA PEDRAZA AND FRANCISCO PEDRAZA [CASE NO. C07-04781VRW]

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I declare the above is true and correct under penalty of perjury. Executed in Oakland, California on December 13, 2007.

Respectfully submitted, TAYLOR, GOINS & STALLWORTH LLP

/s/ Vernon C. Goins________________ VERNON C. GOINS

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DECLARATION OF VERNON C. GOINS IN SUPPORT OF MOTION FOR LEAVE OF COURT TO WITHDRAW AS COUNSLE FOR MICHAEL PEDRAZA, LINDA PEDRAZA AND FRANCISCO PEDRAZA [CASE NO. C07-04781VRW]