Messih

Messih v. Lee Drug, Inc.

Good Law
174 Cal. App. 3d 312·1985 Cal. App. LEXIS 2741·220 Cal. Rptr. 43
Court of Appeal of CaliforniaNovember 13, 1985B004418California1,171 words

Opinion

Opinion

Feinerman, J.

Plaintiff, Shukry Messih, hired Attorney Eli M. Kantor on November 11, 1982, to file a wrongful discharge action against plaintiff’s former employer Lee Drug, Inc. Kantor filed the action, which is now pending in superior court. On September 29, 1983, Kantor noticed a motion for permission to withdraw as attorney of record. The motion was supported by an affidavit in which Kantor averred that he began having difficulty with plaintiff during discovery when plaintiff repeatedly refused to answer such routine interrogatories as requests for his social security number and driver’s license. After Kantor threatened to withdraw from the case, plaintiff “reluctantly” disclosed the information. The affidavit further alleges that upon being informed by counsel for Lee Drug, Inc. that plaintiff had in his possession an original pharmaceutical prescription belonging to Lee Drug, Inc., Kantor made repeated requests to plaintiff to send him the prescription so that he could return it to opposing counsel. When plaintiff refused to turn the prescription over to Kantor, Kantor advised him that he could no longer represent him and sent him a substitution of attorney form. When plaintiff…

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