This case was last updated from Los Angeles County Superior Courts on 12/02/2020 at 00:16:11 (UTC).

ABU AL-RHMAN ALHAJRY VS NATHALY RIVAS, ET AL.

Case Summary

On 06/03/2019 ABU AL-RHMAN ALHAJRY filed a Personal Injury - Motor Vehicle lawsuit against NATHALY RIVAS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5309

  • Filing Date:

    06/03/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ALHAJRY ABU AL-RHMAN

Defendants

RIVAS MAXIMILIANO

RIVAS NATHALY

Attorney/Law Firm Details

Plaintiff Attorneys

AYRAPETYAN EDWIN

TOPCHYAN ARUTYUN

 

Court Documents

Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

2/3/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

7/28/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

7/28/2020: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

7/29/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Notice of Ruling - Notice of Ruling

8/10/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

10/15/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

10/15/2020: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

10/21/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/30/2020

11/30/2020: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 11/30/2020

Minute Order - Minute Order (Non-Jury Trial)

11/30/2020: Minute Order - Minute Order (Non-Jury Trial)

Civil Case Cover Sheet - Civil Case Cover Sheet

6/3/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

6/3/2019: Complaint - Complaint

Summons - Summons on Complaint

6/3/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

6/3/2019: First Amended Standing Order - First Amended Standing Order

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6/3/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

4 More Documents Available

 

Docket Entries

  • 11/30/2020
  • DocketOn the Complaint filed by Abu Al-Rhman Alhajry on 06/03/2019, entered Order for Dismissal without prejudice as to the entire action, pursuant to Code of Civil Procedure Section 581(b)(3)

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  • 11/30/2020
  • DocketMinute Order (Non-Jury Trial)

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  • 11/30/2020
  • DocketCertificate of Mailing for (Non-Jury Trial) of 11/30/2020; Filed by: Clerk

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  • 11/30/2020
  • DocketNon-Jury Trial scheduled for 11/30/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 11/30/2020; Result Type to Held

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  • 11/30/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/06/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 11/30/2020

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  • 11/16/2020
  • DocketAddress for Arutyun Topchyan (Attorney) court order

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  • 11/16/2020
  • DocketAddress for Edwin Ayrapetyan (Attorney) null

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  • 10/21/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Abu Al-Rhman Alhajry (Plaintiff)

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  • 10/15/2020
  • DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Signed and Filed by: Abu Al-Rhman Alhajry (Plaintiff)

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  • 10/15/2020
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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9 More Docket Entries
  • 02/03/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 05/18/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/03/2020
  • DocketMotion to Be Relieved as Counsel; Filed by: Attorney; As to: Nathaly Rivas (Defendant); Maximiliano Rivas (Defendant)

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  • 06/04/2019
  • DocketNon-Jury Trial scheduled for 11/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/04/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/06/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/04/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 06/03/2019
  • DocketComplaint; Filed by: Abu Al-Rhman Alhajry (Plaintiff); As to: Nathaly Rivas (Defendant); Maximiliano Rivas (Defendant)

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  • 06/03/2019
  • DocketSummons on Complaint; Issued and Filed by: Abu Al-Rhman Alhajry (Plaintiff); As to: Nathaly Rivas (Defendant); Maximiliano Rivas (Defendant)

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  • 06/03/2019
  • DocketCivil Case Cover Sheet; Filed by: Abu Al-Rhman Alhajry (Plaintiff); As to: Nathaly Rivas (Defendant); Maximiliano Rivas (Defendant)

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  • 06/03/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/03/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC05309    Hearing Date: October 15, 2020    Dept: 25

HEARING DATE:   Thu., October 15, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME Alhajry v. Rivas, et al. COMPL. FILED: 06-03-19

CASE NUMBER: 19STLC05309 DISC. C/O: 10-31-20

NOTICE:   OK MOTION C/O: 11-15-20

TRIAL DATE: 11-30-20

PROCEEDINGS    MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:   Plaintiff’s Counsel Arutyun Art Topchyan

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Plaintiff’s Counsel Arutyun Art Topchyan’s Motion to be Relieved as Counsel is GRANTED and the Order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) Plaintiff] has been filed with the court.” (Id.)

SERVICE

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK  

OPPOSITION: None filed as of October 9, 2020 [   ] Late [X] None

REPLY: None filed as of October 9, 2020 [   ] Late [X] None

ANALYSIS:

  1. Background

On June 3, 2019, Plaintiff Abu Al-Rhman Alhajry (“Plaintiff”) filed an action for motor vehicle negligence against Defendants Nathaly Rivas and Maximiliano Rivas (collectively, “Defendants”). No proof of service as to either Defendant has been filed yet.

On February 3, 2020, Plaintiff’s Counsel Arutyun Art Topchyan (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”).

At the initial July 29, 2020 hearing, the Court found that the Motion did not include required form MC-052, the supporting declaration, form MC-053, the proposed order, or a proof of service demonstrating the Motion was properly served on Plaintiff. (7/29/20 Minute Order.) The Court notes that Plaintiff’s counsel filed forms MC-052 and MC-053 as well as a proof of service on July 28, 2020, only one day before the initial July 29, 2020 hearing, which is why these documents were not previously considered.

To date, no opposition has been filed.

  1. Legal Standard

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

  1. Discussion

In the declaration filed on July 28, 2020, Plaintiff’s Counsel explains he seeks to be relieved because he has lost contact with Plaintiff. (MC-052, ¶ 2.) Specifically, Counsel states that his office has been unable to contact Plaintiff for over a year, that Plaintiff has not provided an updated address or telephone number, and that mail sent has been returned. (Id.) Counsel further states that, although his office lost contact with Plaintiff, he filed this action to ensure that the statute of limitations was preserved for Plaintiff. (Id. at ¶ 7.) Counsel served this Motion at Plaintiff’s last known address, which Counsel was unable to confirm despite mailing this Motion with a return receipt requested and calling Plaintiff’s last known phone number. (Id. at ¶ 3.)

The Court is satisfied with Counsel’s reasons for seeking to be relived and finds that he has satisfied the requirements of California Rules of Court, rule 3.1362, subdivisions (a) and (c)-(e). Accordingly, the Motion is GRANTED. 

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel Arutyun Art Topchyan’s Motion to be Relieved as Counsel is GRANTED and the Order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) Plaintiff] has been filed with the court.” (Id.)

Plaintiff’s Counsel is ordered to give notice.

Case Number: 19STLC05309    Hearing Date: July 29, 2020    Dept: 25

HEARING DATE:   Wed., July 29, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME Alhajry v. Rivas, et al. COMPL. FILED: 06-03-19

CASE NUMBER: 19STLC05309 DISC. C/O: 10-31-20

NOTICE:   NO MOTION C/O: 11-15-20

TRIAL DATE: 11-30-20

PROCEEDINGS    MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:   Plaintiff’s Counsel Arutyun Art Topchyan

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Plaintiff’s Counsel Arutyun Art Topchyan’s Motion to be Relieved as Counsel is CONTINUED TO OCTOBER 15, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff’s Counsel must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE

[   ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[   ] Correct Address (CCP §§ 1013, 1013a) NO

[   ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of July 27, 2020 [   ] Late [X] None

REPLY: None filed as of July 27, 2020 [   ] Late [X] None

ANALYSIS:

  1. Background

On June 3, 2019, Plaintiff Abu Al-Rhman Alhajry (“Plaintiff”) filed an action for motor vehicle negligence against Defendants Nathaly Rivas and Maximiliano Rivas (collectively, “Defendants”). No proof of service as to either Defendant has been filed yet.

On February 3, 2020, Plaintiff’s Counsel Arutyun Art Topchyan (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

  1. Discussion

The Court finds that Plaintiff’s Counsel’s Motion is incomplete. Specifically, Plaintiff’s Counsel did not file the required Declaration on Judicial Form MC-052 nor the Proposed Order on Form MC-052 as required by California Rules of Court, rule 3.1362 subdivisions (a), (c), (e). In addition, Plaintiff’s Counsel did not file a proof of service demonstrating this Motion was served on Plaintiff. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) The Court cannot rule on the Motion until Plaintiff has been given notice in accordance with the statutory requirements.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel Arutyun Art Topchyan’s Motion to be Relieved as Counsel is CONTINUED TO OCTOBER 15, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff’s Counsel must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.