Motion to Withdraw

May 21, 1986

 

Larry Drivon files his Motion To Withdraw as Attorney of Record. Therein he goes public with a personal and confidential letter that I had written to him. When I confronted him about this, he stated that it was "part of the case."* Regarding one point addressed in the letter, Drivon's office did indeed allegedly "serve" this multimillion dollar lawsuit on Haig Berberian by first class mail. Yet when I reviewed Drivon's Berberian v. Berberian & Wells Fargo Bank case files after he withdrew, there was no Notice & Acknowledgment of Receipt therein signed by Haig Berberian nor anyone else. And none is to be found in the court records. In fact, I have no evidence that Haig Berberian had any knowledge whatsoever that I had sued him. And none is to be found in the court records. (It should be noted that I was unaware that a Notice & Acknowledgment of Receipt should exist in Larry Drivon's files and my review of same at the time of his withdrawal. All of my minimal legal wherewithal in the matter came long after Larry's exit).

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*Larry Drivon would find out further down the line that going very public (i.e., making my personal & confidential letter to him, written in anger, a part of the permanent court record) was not the right thing to do with me. I could enumerate the consequences with a laundry-list of the ways I decided to go public after Drivon's withdrawal and ultimate betrayal on June 20, 1986, but, to that effect, this website expose will speak volumes. And I can't help but say, "He started it!" I would like to note that when it was incumbent upon me to keep the matter private during the first 5 ½ years of the ordeal, I did not tell anyone outside of my immediate family. I was religious about keeping the matter quiet. I did not tell my closest of friends, even though, two days shy of the 3-year statutory date for filing suit regarding the discovery of fraud (i.e., on August 30, 1983), the case had quietly become a part of the public record in San Francisco County Superior Court. Why a lawsuit involving a nephew suing his uncle, the second richest man in Modesto (second only to the Gallo brothers) out of the Modesto Bee newspaper, is/was a curious state of affairs.

 

Click here to view the Motion to Withdraw