This case was last updated from Los Angeles County Superior Courts on 01/01/2021 at 01:52:27 (UTC).

BENITO MIGUEL LOPEZ VS FRANCISCO HUERTA FIERRO, ET AL.

Case Summary

On 07/03/2019 BENITO MIGUEL LOPEZ filed a Personal Injury - Uninsured Motor Vehicle lawsuit against FRANCISCO HUERTA FIERRO. 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:

    *******6263

  • Filing Date:

    07/03/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

LOPEZ BENITO MIGUEL

Defendants

PEREZ GONZALEZ SANDRA

HUERTA FIERRO FRANCISCO

Attorney/Law Firm Details

Plaintiff Attorney

LOPEZ OCTAVIO

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 12/30/2020

12/30/2020: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 12/30/2020

Minute Order - Minute Order (Non-Jury Trial)

12/30/2020: Minute Order - Minute Order (Non-Jury Trial)

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

8/17/2020: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

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

8/17/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

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

4/27/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Hearing on Motion to be Relieved as Counsel) of 03/18/2020

3/18/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Hearing on Motion to be Relieved as Counsel) of 03/18/2020

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

3/18/2020: Minute Order - Minute Order (Court Order Re: Hearing on Motion to be Relieved as Counsel)

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

2/28/2020: 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

Notice of Motion - Notice of Motion

2/28/2020: Notice of Motion - Notice of Motion

Civil Case Cover Sheet - Civil Case Cover Sheet

7/3/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

7/3/2019: Complaint - Complaint

Summons - Summons on Complaint

7/3/2019: Summons - Summons on Complaint

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

7/3/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

1 More Documents Available

 

Docket Entries

  • 12/30/2020
  • DocketOn the Complaint filed by Benito Miguel Lopez on 07/03/2019, 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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  • 12/30/2020
  • DocketMinute Order (Non-Jury Trial)

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  • 12/30/2020
  • DocketCertificate of Mailing for (Non-Jury Trial) of 12/30/2020; Filed by: Clerk

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  • 12/30/2020
  • DocketNon-Jury Trial scheduled for 12/30/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 12/30/2020; Result Type to Held

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  • 12/30/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/06/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 12/30/2020

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  • 08/17/2020
  • DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Signed and Filed by: Octavio Lopez (Attorney); As to: Benito Miguel Lopez (Plaintiff)

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  • 08/17/2020
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 08/17/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 08/17/2020 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/17/2020; Result Type to Held - Motion Granted

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  • 04/27/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/27/2020
  • DocketReset - Court Unavailable, Hearing on Motion to be Relieved as Counsel scheduled for 06/10/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/17/2020 09:30 AM

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4 More Docket Entries
  • 03/02/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 03/24/2020 at 01:30 PM in Spring Street Courthouse at Department 27

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  • 02/28/2020
  • DocketNotice of Motion; Filed by: Benito Miguel Lopez (Plaintiff)

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  • 02/28/2020
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: Octavio Lopez (Attorney)

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  • 07/05/2019
  • DocketNon-Jury Trial scheduled for 12/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/05/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/06/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/05/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/03/2019
  • DocketComplaint; Filed by: Benito Miguel Lopez (Plaintiff); As to: Francisco Huerta Fierro (Defendant); Sandra Perez Gonzalez (Defendant)

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  • 07/03/2019
  • DocketCivil Case Cover Sheet; Filed by: Benito Miguel Lopez (Plaintiff); As to: Francisco Huerta Fierro (Defendant); Sandra Perez Gonzalez (Defendant)

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  • 07/03/2019
  • DocketSummons on Complaint; Issued and Filed by: Benito Miguel Lopez (Plaintiff); As to: Francisco Huerta Fierro (Defendant); Sandra Perez Gonzalez (Defendant)

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  • 07/03/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC06263    Hearing Date: August 17, 2020    Dept: 25

HEARING DATE: Mon., August 17, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Lopez v. Fierro, et al. COMPL. FILED: 07-03-19

CASE NUMBER: 19STLC06263 DISC. C/O: 11-30-20

NOTICE: NO (for continuance) DISC. MOT. C/O: 12-15-20

TRIAL DATE: 12-30-20

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Plaintiff’s Counsel Octavio Lopez

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Plaintiff’s Counsel Octavio Lopez’ Motion to be Relieved as Counsel is GRANTED ON THE CONDITION THAT, before the hearing, Counsel files a proof of service demonstrating he gave Plaintiff proper notice of the April 17th continuance. If granted, the proposed 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).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Plaintiff] has been filed with the court.” Id.)

Otherwise, the Motion will be CONTINUED TO OCTOBER 26, 2020 at 10:00 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.

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 August 13, 2020 [ ] Late [X] None

REPLY: None filed as of August 13, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 3, 2019, Plaintiff Benito Miguel Lopez (“Plaintiff”) filed an action for negligence against Defendants Sandra Perez Gonzalez (“Gonzalez”) and Francisco Huerta Fierro (“Fierro”). Defendants have not yet filed an answer.

On February 28, 2020, Plaintiff’s Counsel Octavio Lopez (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”). On March 18, 2020, the Court found that the hearing for the Motion was incorrectly scheduled in Department 27 instead of Department 25. (3/18/20 Minute Order.) Thus, the Motion was continued to June 10, 2020. (Id.) On April 27, 2020, the Court, on its own motion, continued the hearing to August 17, 2020 at 9:30 a.m. (4/27/20 Notice re Continuance and Order.) Plaintiff’s Counsel was ordered to give notice of the continuance and to file a proof of service demonstrating such notice was given. (Id.)

To date, no opposition has been filed.

  1. Legal Standard

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

In addition, California Rules of Court, rule 3.1362 subsection (d) requires that the notice of motion and motion, declaration, and proposed order be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:

(A) The service address is the current residence or business address of the client; or

(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.

(Cal. Rules of Court, rule 3.1362, subd. (1)(A) & (2).)

  1. Discussion

Plaintiff’s Counsel seeks to be relieved due to irreconcilable differences that have made it unreasonably difficult for Counsel and his firm to continue representing Plaintiff in a meaningful way. (MC-052, ¶ 2.) Specifically, Plaintiff has failed to cooperate or appear at any scheduled appointments for the past 6 months. (Id.) Counsel mailed the instant Motion to Plaintiff’s current address, which was confirmed by telephone at most 30 days before filing. (Id. at ¶ 3.)

The Court is satisfied with Counsel’s reasons for seeking to be relieved and finds that he has satisfied the requirements of California Rules of Court, rule 3.1362, subdivision (a) and (c)-(e). In addition, trial is scheduled for December 30, 2020, giving Plaintiff sufficient time to obtain new representation should he wish to continue prosecuting this action.

Although the Court is inclined to grant the Motion, Counsel did not file a proof of service demonstrating he gave Plaintiff notice of the March 18th order or the April 17th continuance. However, in the interest of judicial economy, the Motion is GRANTED ON THE CONDITION THAT, before the hearing, Counsel files a proof of service demonstrating he gave Plaintiff adequate notice of the April 17th continuance. Otherwise, the Motion will be CONTINUED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel Octavio Lopez’ Motion to be Relieved as Counsel is GRANTED ON THE CONDITION THAT, before the hearing, Counsel files a proof of service demonstrating he gave Plaintiff proper notice of the April 17th continuance. If granted, the proposed 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).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Plaintiff] has been filed with the court.” Id.)

Otherwise, the Motion will be CONTINUED TO OCTOBER 26, 2020 at 10:00 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.

Moving party is ordered to give notice.