DANIEL PEREZ VS SHAWN TAYLOR
Case Summary
On 04/25/2019 DANIEL PEREZ filed a Personal Injury - Motor Vehicle lawsuit against SHAWN TAYLOR. 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
-
Case Number:
*******4128
-
Filing Date:
04/25/2019
-
Case Status:
Disposed - Dismissed
-
Courthouse:
Spring Street Courthouse
-
County, State:
Los Angeles, California
Judge Details
Judge
JAMES E. BLANCARTE
Party Details
Plaintiff
PEREZ DANIEL
Defendant
TAYLOR SHAWN
Attorney/Law Firm Details
Plaintiff Attorney
RYAN JOSEPH DAVID
Defendant Attorney
ODELL STEVEN
Court Documents
6/10/2021: Minute Order - Minute Order (Jury Trial)
10/8/2020: Minute Order - Minute Order (Court Order Re: Jury Trial)
10/8/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Jury Trial) of 10/08/2020
12/13/2019: Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel - Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel
12/3/2019: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)
12/3/2019: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil
9/19/2019: 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
9/19/2019: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel
7/16/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
7/16/2019: Answer - Answer
6/24/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
4/25/2019: Summons - Summons on Complaint
4/25/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
4/25/2019: Complaint - Complaint
4/25/2019: First Amended Standing Order - First Amended Standing Order
4/25/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Docket Entries
- 06/10/2021
-
DocketOn the Complaint filed by Daniel Perez on 04/25/2019, entered Order for Dismissal without prejudice as to the entire action
- 06/10/2021
-
DocketMinute Order (Jury Trial)
- 06/10/2021
-
DocketJury Trial scheduled for 06/10/2021 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 06/10/2021; Result Type to Held
- 06/09/2021
-
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/28/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 06/09/2021
- 10/08/2020
-
DocketUpdated -- Motion to Be Relieved as Counsel: As To Parties changed from Joseph David Ryan (Attorney), Shawn Taylor (Defendant), Daniel Perez (Plaintiff), Steven Odell (Attorney) to Daniel Perez (Plaintiff)
- 10/08/2020
-
DocketUpdated -- Order Granting Attorney's Motion to Be Relieved as Counsel-Civil: As To Parties changed from Steven Odell (Attorney), Shawn Taylor (Defendant), Daniel Perez (Plaintiff), Joseph David Ryan (Attorney) to Daniel Perez (Plaintiff)
- 10/08/2020
-
DocketJury Trial scheduled for 06/10/2021 at 08:30 AM in Spring Street Courthouse at Department 25
- 10/08/2020
-
DocketUpdated -- Event scheduled for 10/22/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Type changed from Non-Jury Trial to Jury Trial
- 10/08/2020
-
DocketAddress for Steven Odell (Attorney) null
- 10/08/2020
-
DocketMinute Order (Court Order Re: Jury Trial)
- 07/16/2019
-
DocketNotice of Posting of Jury Fees; Filed by: Shawn Taylor (Defendant)
- 06/24/2019
-
DocketProof of Service by Substituted Service; Filed by: Daniel Perez (Plaintiff); As to: Shawn Taylor (Defendant); Proof of Mailing Date: 06/18/2019; Service Cost: 71.00; Service Cost Waived: No
- 04/29/2019
-
DocketNon-Jury Trial scheduled for 10/22/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
- 04/29/2019
-
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/28/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
- 04/29/2019
-
DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse
- 04/25/2019
-
DocketComplaint; Filed by: Daniel Perez (Plaintiff); As to: Shawn Taylor (Defendant)
- 04/25/2019
-
DocketCivil Case Cover Sheet; Filed by: Daniel Perez (Plaintiff); As to: Shawn Taylor (Defendant)
- 04/25/2019
-
DocketSummons on Complaint; Issued and Filed by: Daniel Perez (Plaintiff); As to: Shawn Taylor (Defendant)
- 04/25/2019
-
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 04/25/2019
-
DocketFirst Amended Standing Order; Filed by: Clerk
Tentative Rulings
Case Number: 19STLC04128 Hearing Date: December 03, 2019 Dept: 94
MOTION TO BE RELIEVED AS COUNSEL
(CCP § 284(2); CRC, rule 3.1362)
TENTATIVE RULING:
For the reasons stated below, Plaintiff Daniel Perez’s Counsel Joseph D. Ryan’s Motion to be Relieved as Counsel is GRANTED.
I. Discussion & Order
On September 19, 2019, Plaintiff Daniel Perez’s Counsel Joseph D. Ryan (“Counsel”) filed a Motion to be Relieved as Counsel (the “Motion”).
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. (CCP § 284(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). (CRC 3.1362(a), (c), (e).) The requisite forms must be served “on the client and on all parties that have appeared in the case.” (Id. 3.1362(d).)
Counsel seeks to be relieved because Plaintiff fails to cooperate, refuses to respond to discovery, and fails to communicate with Counsel’s office despite numerous attempts, both telephonically and via mail, to contact him. Counsel has served the required moving papers on Plaintiff at his current address after confirming the address via Link Investigations, a hired investigator. (Id., Item No. 3; Proof of Service.) The Court is satisfied with Counsel’s reasoning for seeking to be relieved and finds that Counsel has satisfied the requirements of CRC 3.1362(a), (c)-(e). Trial is not scheduled until October 22, 2020, so Plaintiff has sufficient time to find new counsel.
Accordingly, the unopposed Motion is GRANTED. “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.” (CRC 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Defendants] has been filed with the court.” (Id.)
Counsel is ordered to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.
Dig Deeper
Get Deeper Insights on Court Cases