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.
*******4128
04/25/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
PEREZ DANIEL
TAYLOR SHAWN
RYAN JOSEPH DAVID
ODELL STEVEN
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
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
Hearing10/22/2020 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
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.
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.
DocketMinute Order (Hearing on Motion to be Relieved as Counsel)
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
DocketMotion to Be Relieved as Counsel; Filed by: Attorney; As to: Steven Odell (Attorney); Joseph David Ryan (Attorney); Daniel Perez (Plaintiff) et al.
DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: Joseph David Ryan (Attorney)
DocketHearing on Motion to be Relieved as Counsel scheduled for 12/03/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94
DocketAnswer; Filed by: Shawn Taylor (Defendant); As to: Daniel Perez (Plaintiff)
DocketNotice of Posting of Jury Fees; Filed by: Shawn Taylor (Defendant)
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
DocketNon-Jury Trial scheduled for 10/22/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: Daniel Perez (Plaintiff); As to: Shawn Taylor (Defendant)
DocketCivil Case Cover Sheet; Filed by: Daniel Perez (Plaintiff); As to: Shawn Taylor (Defendant)
DocketSummons on Complaint; Issued and Filed by: Daniel Perez (Plaintiff); As to: Shawn Taylor (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
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.