52

LINE 3, STATE EX REL. DEVIL TO PAY, INC. V. DEEP SEVEN,” ANNOUNCED Judge Bovarnick’s clerk.

Carlos Alvarez and Connor walked up to the counsel tables and took their places. “Okay, this is Doyle & Brown’s renewed motion to withdraw, correct?” asked the judge as the lawyers situated themselves.

Connor stepped up to the podium. “Yes, your honor.”

“I’ve looked at your declaration and proof, and I’m satisfied that you’ve given proper notice this time.” She looked around the courtroom. “Is there a representative of Devil to Pay here today?”

“There is, your honor.” Connor turned to see Julian rising from one of the benches, wearing a twenty-year-old gray suit and looking distinctly unhappy. “Julian Clayton, the company’s vice president is in the courtroom.”

“Mr. Clayton, do you have any objection to Doyle & Brown withdrawing as your counsel?”

“No, your honor.”

“Do you have new attorneys?”

“We do not, your honor. We would like sixty days to find some.”

The judge drummed her fingers on her chin. “Thirty days.”

Julian shifted his weight from foot to foot. “Could we, um, could we have forty-five?”

She laughed and tossed up her hands. “Okay, fine. Forty-five, but that’s it—unless you have an objection, counsel?”

Connor turned to see Carlos Alvarez rising from his seat. “Yes, your honor. Forty-five days is much, much too long. The plaintiff has already had well over a month since Mr. Norman filed his initial motion to withdraw. The Court should not countenance further delay. Ten days should be more than sufficient.”

Connor wondered what he was up to. Delay is a defendant’s best friend, so why was he trying to make the case move faster?

The judge apparently was wondering the same thing. “Counsel, how will your client be prejudiced if I give them forty-five days instead of ten?”

“Well, your honor, the interests of justice will be prejudiced because the resolution of this matter will be postponed, which will waste valuable time and judicial resources.”

The judge shook her head. “All you’re saying is that I’ll be prejudiced, not that your client will be. I can live with whatever waste of judicial resources comes from giving them thirty-five extra days. Anything else?”

“Yes. Not an objection strictly speaking, your honor, but I’m concerned that we know very little about this Mr. Clayton. Might I suggest that the Court question him further before simply accepting his representation that he can speak on behalf of Devil to Pay. When did he become an officer of the company? What are his responsibilities? What is his connection to the facts underlying this litigation?”

The judge’s eyebrows slowly crawled up as Alvarez spoke. When he finished, she said, “Well, I’m touched by your concern, counsel. I’m sure the plaintiff is too, but I don’t see how any of that matters.” She turned to Julian. “Mr. Clayton, you are vice president of Devil to Pay, Inc. and you have authority to act on behalf of the company here today, correct?”

“Yes, your honor.”

She looked at Connor. “And you—speaking as an officer of the court—you have no reason to doubt that, correct?”

Connor shook his head. “No, your honor. Quite the contrary—I have good reason to believe that Mr. Clayton is telling the truth. And since we’re expressing our concerns here today, let me just say that I’m concerned about what Mr. Alvarez is suggesting. He apparently wants to turn this hearing into an improper surprise deposition of my client—er, former client.”

“I guess I’m the only one here who’s not concerned about anything,” said Judge Bovarnick. She looked down and started writing. “I’m going to sign your proposed order, Mr. Norman. Doyle & Brown has leave to withdraw. Plaintiff has forty-five days to obtain new counsel. If they don’t, I will entertain a motion to dismiss this case for lack of prosecution.” She stopped writing and looked up. “Everybody clear?”

“Yes, your honor,” said Connor, Julian, and Alvarez in unison.

Once they were outside the courthouse and walking beneath the gilded dome of San Francisco City Hall, Julian turned to Connor. “You didn’t warn me that I might have to testify today! That could have gotten very dicey if I’d had to answer those questions he was asking.”

“Well, the judge didn’t go for it. I’m surprised that he even tried that stunt. He’ll get to take your deposition soon enough.”

“I got the impression that ‘soon enough’ wasn’t soon enough for him. He seemed to be in a big hurry.”

Connor nodded slowly as he thought that through. “He was. Which is odd. He’ll be able to schedule your deposition in a month and a half and the case is basically on ice until then, so why does he care?”

“Even if the case is on ice, I’m guessing that something else isn’t.”

“Yeah, that could be. Maybe they’ve got something going on right now, something that won’t wait until they can take your deposition in two or three months. They think we may know about it, so it’s probably related to the lawsuit somehow.” He grimaced in frustration. “I knew we hit a nerve at Deep Seven. I just don’t know which nerve. If only Allie hadn’t—” He bit off the rest of the sentence.

Julian nodded. “But she has. At least she’s trying to undo some of the damage.”

“So she says. I’m not completely sure this whole thing isn’t some new scam I haven’t figured out yet.”

“I hear you. I don’t trust her either.”

“Best to make sure we don’t have to. I’m going to make a point of staying out of situations where I have to rely on her.” “We should let her know about today, though.”

“You mean that Alvarez wanted to cross-examine you in the middle of the hearing? I’ll tell her to keep her eyes open, that there might be a confidential project that’s going to be active in the next sixty days. Something like that. Something she might have stumbled across the last time she was there without knowing it.” He paused. “I wonder if Samuel Stimson came across the same thing.”