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This case was last updated from Los Angeles County Superior Courts on 04/18/2021 at 10:35:44 (UTC).

DANNY FUSELIER VS JOSE TRINIDAD RAMIREZ

Case Summary

On 10/02/2019 DANNY FUSELIER filed a Personal Injury - Motor Vehicle lawsuit against JOSE TRINIDAD RAMIREZ. 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:

    *******9111

  • Filing Date:

    10/02/2019

  • 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

FUSELIER DANNY

Defendant

RAMIREZ JOSE TRINIDAD

Attorney/Law Firm Details

Plaintiff Attorney

SHAMSI SHAHAB SEAN

 

Court Documents

Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application of Shahab Sean Shamsi

8/12/2020: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application of Shahab Sean Shamsi

Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

8/14/2020: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to Shorten Time

8/14/2020: Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to Shorten Time

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

8/18/2020: Motion to Be Relieved as Counsel - 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

8/18/2020: 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 Ex Parte Application Ex Parte Application to Short...)

8/18/2020: Minute Order - Minute Order (Hearing on Ex Parte Application Ex Parte Application to Short...)

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

8/25/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

10/2/2020: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to Advance Motion to Withdraw

10/2/2020: Ex Parte Application (name extension) - Ex Parte Application Ex Parte Application to Advance Motion to Withdraw

Order (name extension) - Order Order Approving Ex Parte Application to Advance Motion to Withdraw

10/7/2020: Order (name extension) - Order Order Approving Ex Parte Application to Advance Motion to Withdraw

Minute Order - Minute Order (Hearing on Ex Parte Application Ex Parte Application to Advan...)

10/7/2020: Minute Order - Minute Order (Hearing on Ex Parte Application Ex Parte Application to Advan...)

Declaration (name extension) - Declaration Proof of Service

10/8/2020: Declaration (name extension) - Declaration Proof of Service

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

11/19/2020: 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)

11/19/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Complaint - Complaint

10/2/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/2/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

10/2/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

10/2/2019: First Amended Standing Order - First Amended Standing Order

8 More Documents Available

 

Docket Entries

  • 10/05/2022
  • Hearing10/05/2022 at 08:30 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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  • 09/13/2021
  • Hearing09/13/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/20/2020
  • DocketProof of Service - Order Granting Attorney's Motion to be Relieved as Counsel; Filed by: Shahab Sean Shamsi (Attorney); As to: Danny Fuselier (Plaintiff)

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  • 11/19/2020
  • DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Signed and Filed by: Danny Fuselier (Plaintiff); As to: Jose Trinidad Ramirez (Defendant)

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  • 11/19/2020
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 11/19/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 11/19/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 11/19/2020; Result Type to Held - Motion Granted

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  • 10/08/2020
  • DocketDeclaration Proof of Service; Filed by: Danny Fuselier (Plaintiff)

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  • 10/07/2020
  • DocketUpdated -- Ex Parte Application Ex Parte Application to Advance Motion to Withdraw: Filed By: Danny Fuselier (Plaintiff); Result: Granted; Result Date: 10/07/2020

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  • 10/07/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 11/19/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 10/07/2020
  • DocketOrder Order Approving Ex Parte Application to Advance Motion to Withdraw; Signed and Filed by: Danny Fuselier (Plaintiff)

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17 More Docket Entries
  • 08/12/2020
  • DocketHearing on Ex Parte Application To shorten time scheduled for 08/14/2020 at 01:30 PM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/12/2020

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  • 08/12/2020
  • DocketDeclaration in Support of Ex Parte Application of Shahab Sean Shamsi; Filed by: Danny Fuselier (Plaintiff)

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  • 10/03/2019
  • DocketNon-Jury Trial scheduled for 04/01/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/03/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/05/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/03/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 10/02/2019
  • DocketComplaint; Filed by: Danny Fuselier (Plaintiff); As to: Jose Trinidad Ramirez (Defendant)

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  • 10/02/2019
  • DocketCivil Case Cover Sheet; Filed by: Danny Fuselier (Plaintiff); As to: Jose Trinidad Ramirez (Defendant)

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  • 10/02/2019
  • DocketSummons on Complaint; Issued and Filed by: Danny Fuselier (Plaintiff); As to: Jose Trinidad Ramirez (Defendant)

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  • 10/02/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/02/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC09111    Hearing Date: November 19, 2020    Dept: 25

HEARING DATE: Thu., November 19, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Fuselier v. Ramirez COMPL. FILED: 10-02-19

CASE NUMBER: 19STLC09111 DISC. C/O: 08-14-21

NOTICE: OK DISC. MOT. C/O: 08-29-21

TRIAL DATE: 09-13-21

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Plaintiff’s Counsel Shahab Sean Shamsi

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.162)

TENTATIVE RULING:

Plaintiff’s Counsel Shahab Sean Shamsi’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).) 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.)

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 November 17, 2020 [ ] Late [X] None

REPLY: None filed as of November 17, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On October 2, 2019, Plaintiff Danny Fuselier (“Plaintiff”) filed an action for motor vehicle negligence and general negligence against Defendant Jose Trinidad Ramirez (“Defendant”). Defendant has not yet been served.

Plaintiff’s Counsel Shahab Sean Shamsi (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”) on August 18, 2020, which was originally scheduled for hearing for February 22, 2021. On October 7, 2020, the Court granted Counsel’s ex parte application to advance the Motion and scheduled it for hearing for November 19, 2020 at 10:30 a.m. (10/7/20 Minute Order.)

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 an irreparable breakdown in the attorney-client relationship. (MC-052, ¶ 2.) Counsel served this Motion at Plaintiff’s last known address, which was confirmed as current via telephone at most 30 days before filing the Motion. (Id. at ¶ 3.)

The Court is satisfied with Counsel’s reasons for seeking to be relieved and finds he has satisfied the requirements of California Rules of Court, rule 3.1362, subdivisions (a) and (c)-(e). Importantly, trial is scheduled for September 13, 2021, giving Plaintiff sufficient time to obtain new counsel should he wish to continue prosecuting this action. Accordingly, the unopposed Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel Shahab Sean Shamsi’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).) 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.)

Plaintiff’s Counsel is ordered to give notice.

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