On 07/05/2019 DENISE MARTI filed a Labor - Other Labor lawsuit against RACOON SALOON. 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.
*******6301
07/05/2019
Disposed - Dismissed
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
MARTI DENISE
RACOON SALOON
ALLEN CATHERINE
1/20/2021: 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
4/7/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 04/07/2021
4/7/2021: Minute Order - Minute Order (Non-Jury Trial)
1/14/2021: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)
1/14/2021: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil
9/22/2020: Declaration (name extension) - Declaration of Catherine Anne Allen ISO Ex Parte Application
11/30/2020: 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
11/30/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
11/30/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel
1/4/2021: Minute Order - Minute Order (Non-Jury Trial)
7/5/2019: Summons - Summons on Complaint
7/5/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
7/5/2019: Complaint - Complaint
7/5/2019: First Amended Standing Order - First Amended Standing Order
7/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
DocketMinute Order (Non-Jury Trial)
DocketCertificate of Mailing for (Non-Jury Trial) of 04/07/2021; Filed by: Clerk
DocketOn the Complaint filed by Denise Marti on 07/05/2019, entered Order for Dismissal without prejudice as to the entire action, pursuant to Civil Code of Procedure Section 581(b)(3)
DocketNon-Jury Trial scheduled for 04/07/2021 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 04/07/2021; Result Type to Held
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/08/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 04/07/2021
DocketProof of Service - Order Granting Attorney's Motion to be Relieved as Counsel; Filed by: Denise Marti (Plaintiff); As to: Catherine Allen (Attorney); Denise Marti (Plaintiff)
DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Signed and Filed by: Catherine Allen (Attorney); As to: Denise Marti (Plaintiff)
DocketMinute Order (Hearing on Motion to be Relieved as Counsel)
DocketHearing on Motion to be Relieved as Counsel scheduled for 01/14/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/14/2021; Result Type to Held - Motion Granted
DocketNon-Jury Trial scheduled for 04/07/2021 at 08:30 AM in Spring Street Courthouse at Department 25
DocketEx Parte Application for Order Continuing Trial - Rejected; Submitted by: Denise Marti (Plaintiff); As to: Denise Marti (Plaintiff)
DocketDeclaration of Catherine Anne Allen ISO Ex Parte Application; Filed by: Denise Marti (Plaintiff)
DocketNon-Jury Trial scheduled for 01/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/08/2022 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: Denise Marti (Plaintiff); As to: Racoon Saloon (Defendant)
DocketCivil Case Cover Sheet; Filed by: Denise Marti (Plaintiff); As to: Racoon Saloon (Defendant)
DocketSummons on Complaint; Issued and Filed by: Denise Marti (Plaintiff); As to: Racoon Saloon (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 19STLC06301 Hearing Date: January 14, 2021 Dept: 25
HEARING DATE: Thu., January 14, 2021 JUDGE /DEPT: Blancarte/25
CASE NAME: Marti v. Racoon Saloon COMPL. FILED: 07-05-19
CASE NUMBER: 19STLC06301 DISC. C/O: 03-08-21
NOTICE: OK DISC. MOT. C/O: 03-23-21
TRIAL DATE: 04-07-21
PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL
MOVING PARTY: Plaintiff’s Counsel Catherine Anne Allen
RESP. PARTY: None
MOTION TO BE RELIEVED AS COUNSEL
(CCP § 284(2); CRC rule 3.162)
TENTATIVE RULING:
Plaintiff’s Counsel Catherine Anne Allen’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 January 12, 2021 [ ] Late [X] None
REPLY: None filed as of January 12, 2021 [ ] Late [X] None
ANALYSIS:
Background
On July 5, 2019, Plaintiff Denise Marti (“Plaintiff”) filed an action for unlawful business practices, breach of contract, and breach of implied covenant against Defendant Racoon Saloon (“Defendant”). Defendant has not yet been served.
On November 30, 2020, Plaintiff’s Counsel Catherine Anne Allen (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”). To date, no opposition has been filed.
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).)
Discussion
Plaintiff’s Counsel seeks to be relieved due to a complete breakdown in the attorney-client relationship. (MC-052, ¶ 2.) Specifically, Counsel states that due to irreconcilable conflicts, difficulties in having meaningful communications, and differences which have arisen between Counsel and Plaintiff, Counsel is not able to effectively continue representing Plaintiff. (Id.) Counsel served this Motion at Plaintiff’s last known address, which was confirmed via return receipt requested and skip tracing 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 she has satisfied the requirements of California Rules of Court, rule 3.1362, subdivisions (a) and (c)-(e). Importantly, trial is scheduled for April 7, 2021, giving Plaintiff sufficient time to seek new legal representation should she wish to continue prosecuting this action.
Accordingly, the unopposed Motion is GRANTED.
Conclusion & Order
For the foregoing reasons, Plaintiff’s Counsel Catherine Anne Allen’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.