This case was last updated from Los Angeles County Superior Courts on 06/23/2020 at 17:43:58 (UTC).

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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4128

  • Filing Date:

    04/25/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - 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

PEREZ DANIEL

Defendant

TAYLOR SHAWN

Attorney/Law Firm Details

Plaintiff Attorney

RYAN JOSEPH DAVID

Defendant Attorney

ODELL STEVEN

 

Court Documents

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

12/13/2019: 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

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

12/3/2019: 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

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

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: 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

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

9/19/2019: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

7/16/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Answer - Answer

7/16/2019: Answer - Answer

Proof of Service by Substituted Service - Proof of Service by Substituted Service

6/24/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Summons - Summons on Complaint

4/25/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

4/25/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

4/25/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

4/25/2019: First Amended Standing Order - First Amended Standing Order

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

4/25/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

1 More Documents Available

 

Docket Entries

  • 04/28/2022
  • Hearing04/28/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 10/22/2020
  • Hearing10/22/2020 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 12/13/2019
  • DocketProof of Service - Order Granting Attorney's Motion to be Relieved as Counsel; Filed by: Joseph David Ryan (Attorney); As to: Steven Odell (Attorney); Joseph David Ryan (Attorney); Daniel Perez (Plaintiff) et al.

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  • 12/03/2019
  • DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: Joseph David Ryan (Attorney); As to: Joseph David Ryan (Attorney); Steven Odell (Attorney); Daniel Perez (Plaintiff) et al.

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  • 12/03/2019
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 12/03/2019
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 12/03/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 12/03/2019; Result Type to Held - Motion Granted

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  • 09/19/2019
  • DocketMotion to Be Relieved as Counsel; Filed by: Attorney; As to: Steven Odell (Attorney); Joseph David Ryan (Attorney); Daniel Perez (Plaintiff) et al.

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  • 09/19/2019
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: Joseph David Ryan (Attorney)

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  • 09/19/2019
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 12/03/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/16/2019
  • DocketAnswer; Filed by: Shawn Taylor (Defendant); As to: Daniel Perez (Plaintiff)

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  • 07/16/2019
  • DocketNotice of Posting of Jury Fees; Filed by: Shawn Taylor (Defendant)

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  • 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

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  • 04/29/2019
  • DocketNon-Jury Trial scheduled for 10/22/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 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

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  • 04/29/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 04/25/2019
  • DocketComplaint; Filed by: Daniel Perez (Plaintiff); As to: Shawn Taylor (Defendant)

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  • 04/25/2019
  • DocketCivil Case Cover Sheet; Filed by: Daniel Perez (Plaintiff); As to: Shawn Taylor (Defendant)

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  • 04/25/2019
  • DocketSummons on Complaint; Issued and Filed by: Daniel Perez (Plaintiff); As to: Shawn Taylor (Defendant)

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  • 04/25/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/25/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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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.