This case was last updated from Los Angeles County Superior Courts on 06/02/2020 at 15:20:44 (UTC).

DIAMOND PRODUCTS LIMITED VS GARY T LERNER, AN INDIVIDUAL, ET AL.

Case Summary

On 04/24/2019 DIAMOND PRODUCTS LIMITED filed a Contract - Debt Collection lawsuit against GARY T LERNER, AN INDIVIDUAL. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is RANDY RHODES. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5022

  • Filing Date:

    04/24/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • County, State:

    Los Angeles, California

Judge Details

Judge

RANDY RHODES

 

Party Details

Plaintiff

DIAMOND PRODUCTS LIMITED

Defendants

LERNER AN INDIVIDUAL GARY T DBA A CUT ABOVE DISTRIBUTING CO

STRAUS AN INDIVIDUAL DANIEL R DBA A CUT ABOVE DISTRIBUTING CO

Attorney/Law Firm Details

Plaintiff Attorney

GABA JR. RUDY

Defendant Attorney

STEIN JAY ROLAND

 

Court Documents

Separate Statement - Separate Statement

12/6/2019: Separate Statement - Separate Statement

Proof of Service by Mail - Proof of Service by Mail

12/6/2019: Proof of Service by Mail - Proof of Service by Mail

Declaration (name extension) - Declaration OF CHRISTINE GOOD IN SUPPORT OF PLAINTIFFS OPPOSITION TO MOTION TO SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES

12/6/2019: Declaration (name extension) - Declaration OF CHRISTINE GOOD IN SUPPORT OF PLAINTIFFS OPPOSITION TO MOTION TO SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES

Reply (name extension) - Reply Reply Brief in Support of Motion for Summary Judgment

12/12/2019: Reply (name extension) - Reply Reply Brief in Support of Motion for Summary Judgment

Minute Order - Minute Order (Hearing on Motion for Summary Judgment)

12/20/2019: Minute Order - Minute Order (Hearing on Motion for Summary Judgment)

Notice of Case Reassignment/Vacate Hearings - Notice of Case Reassignment/Vacate Hearings

12/23/2019: Notice of Case Reassignment/Vacate Hearings - Notice of Case Reassignment/Vacate Hearings

Exhibit List - Exhibit List TO DECLARATIONS OF GARY T. LERNER, DANIEL R. STRAUS AND JAY R. STEIN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY, FOR SUMMARY ADJUDICATION PART 6 - Pgs. 114

9/25/2019: Exhibit List - Exhibit List TO DECLARATIONS OF GARY T. LERNER, DANIEL R. STRAUS AND JAY R. STEIN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY, FOR SUMMARY ADJUDICATION PART 6 - Pgs. 114

Declaration (name extension) - Declaration OF GARY T. LERNER, DANIEL R. STRAUS AND JAY R. STEIN AND EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY, FOR SUMMARY ADJUDICATION

9/25/2019: Declaration (name extension) - Declaration OF GARY T. LERNER, DANIEL R. STRAUS AND JAY R. STEIN AND EXHIBITS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY, FOR SUMMARY ADJUDICATION

Exhibit List - Exhibit List TO DECLARATIONS OF GARY T. LERNER, DANIEL R. STRAUS AND JAY R. STEIN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY, FOR SUMMARY ADJUDICATION PART 3 - Pgs. 46 -

9/25/2019: Exhibit List - Exhibit List TO DECLARATIONS OF GARY T. LERNER, DANIEL R. STRAUS AND JAY R. STEIN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY, FOR SUMMARY ADJUDICATION PART 3 - Pgs. 46 -

Exhibit List - Exhibit List TO DECLARATIONS OF GARY T. LERNER, DANIEL R. STRAUS AND JAY R. STEIN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY, FOR SUMMARY ADJUDICATION PART 7 - Pgs. 139

9/25/2019: Exhibit List - Exhibit List TO DECLARATIONS OF GARY T. LERNER, DANIEL R. STRAUS AND JAY R. STEIN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY, FOR SUMMARY ADJUDICATION PART 7 - Pgs. 139

Exhibit List - Exhibit List TO DECLARATIONS OF GARY T. LERNER, DANIEL R. STRAUS AND JAY R. STEIN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY, FOR SUMMARY ADJUDICATION PART 1 - Pgs. 1 -

9/25/2019: Exhibit List - Exhibit List TO DECLARATIONS OF GARY T. LERNER, DANIEL R. STRAUS AND JAY R. STEIN IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT OR ALTERNATIVELY, FOR SUMMARY ADJUDICATION PART 1 - Pgs. 1 -

Request for Judicial Notice - Request for Judicial Notice

9/25/2019: Request for Judicial Notice - Request for Judicial Notice

Answer - Answer to Plaintiff's Complaint

6/5/2019: Answer - Answer to Plaintiff's Complaint

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

5/21/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Civil Case Cover Sheet - Civil Case Cover Sheet

4/24/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740) - Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740)

4/24/2019: Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740) - Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740)

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

4/24/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

4/24/2019: Complaint - Complaint

18 More Documents Available

 

Docket Entries

  • 12/23/2019
  • DocketNotice of Case Reassignment/Vacate Hearings; Filed by: Clerk

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  • 12/20/2019
  • DocketUpdated -- NOTICE OF MOTION AND MOTION BY DEFENDANTS FOR SUMMARY JUDGMENT OR ALTERNATIVELY, FOR SUMMARY ADJUDICATION; MEMORANDUM OF POINTS AND AUTHORITIES ATTACHED HERETO: Filed By: Gary T Lerner, an Individual (Defendant),Daniel R Straus, an Individual (Defendant); Result: Denied; Result Date: 12/20/2019

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  • 12/20/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Transfer for Reassignment

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  • 12/20/2019
  • DocketMinute Order (Hearing on Motion for Summary Judgment)

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  • 12/20/2019
  • DocketCertificate of Mailing for (Hearing on Motion for Summary Judgment) of 12/20/2019; Filed by: Clerk

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  • 12/20/2019
  • DocketHearing on Motion for Summary Judgment scheduled for 12/20/2019 at 08:30 AM in Chatsworth Courthouse at Department F43 updated: Result Date to 12/20/2019; Result Type to Held - Motion Denied

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  • 12/20/2019
  • DocketNon-Jury Trial scheduled for 04/29/2020 at 08:30 AM in Chatsworth Courthouse at Department F43 Not Held - Vacated by Court on 12/20/2019

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  • 12/12/2019
  • DocketReply Reply Brief in Support of Motion for Summary Judgment; Filed by: Gary T Lerner, an Individual (Defendant); Daniel R Straus, an Individual (Defendant)

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  • 12/12/2019
  • DocketObjection Defendants' Objection to Evidence Submitted by Plaintiff; Filed by: Gary T Lerner, an Individual (Defendant); Daniel R Straus, an Individual (Defendant)

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  • 12/06/2019
  • DocketMEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MOTION TO SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, FOR SUMMARY ADJUDICATION OF ISSUES; Filed by: Diamond Products Limited (Plaintiff)

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23 More Docket Entries
  • 05/21/2019
  • DocketProof of Service by Substituted Service; Filed by: Diamond Products Limited (Plaintiff); As to: Gary T Lerner, an Individual (Defendant); Proof of Mailing Date: 05/07/2019; Service Cost: 85.00; Service Cost Waived: No

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  • 05/21/2019
  • DocketProof of Service by Substituted Service; Filed by: Diamond Products Limited (Plaintiff); As to: Daniel R Straus, an Individual (Defendant); Proof of Mailing Date: 05/07/2019; Service Cost: 85.00; Service Cost Waived: No

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  • 04/24/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 scheduled for 04/29/2020 at 08:30 AM in Chatsworth Courthouse at Department F43

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  • 04/24/2019
  • DocketThe case is placed in special status of: Collections Case (CCP 3.740)

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  • 04/24/2019
  • DocketComplaint; Filed by: Diamond Products Limited (Plaintiff); As to: Gary T Lerner, an Individual (Defendant); Daniel R Straus, an Individual (Defendant)

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  • 04/24/2019
  • DocketCivil Case Cover Sheet; Filed by: Diamond Products Limited (Plaintiff); As to: Gary T Lerner, an Individual (Defendant); Daniel R Straus, an Individual (Defendant)

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  • 04/24/2019
  • DocketSummons on Complaint; Issued and Filed by: Diamond Products Limited (Plaintiff); As to: Gary T Lerner, an Individual (Defendant); Daniel R Straus, an Individual (Defendant)

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  • 04/24/2019
  • DocketOrder to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740); Filed by: Clerk

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  • 04/24/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/24/2019
  • DocketCase assigned to Hon. Randy Rhodes in Department F43 Chatsworth Courthouse

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Tentative Rulings

Case Number: 19CHLC15022    Hearing Date: May 12, 2021    Dept: 25

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Defendant’s Counsel Jay R. Stein

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.162)

TENTATIVE RULING:

Defendant’s Counsel Jay R. Stein’s Motion to be Relieved as Counsel is CONTINUED TO JUNE 15, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Counsel must file and serve supplemental papers as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.

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 May 7, 2021 [ ] Late [X] None

REPLY: None filed as of May 7, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On April 24, 2019, Plaintiff Diamond Products Limited (“Plaintiff”) filed an action against Defendants Gary T. Lerner, individually and dba A Cut Above Distributing Co. (“Lerner”) and Daniel Straus, individually and dba A Cut Above Distributing Co. (“Straus”) (collectively, “Defendants”). Defendants filed a joint Answer on June 5, 2019.

On November 23, 2020, Defendants’ counsel Jay R. Stein (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”). No opposition was filed.

II. 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).)

III. Discussion

Counsel Stein is currently the attorney of record for both Defendants but moves to be relieved as Defendant Straus’ counsel only. (MC-051, ¶¶ 1.) As noted above, however, California Rules of Court, rule 3.1362, subdivisions (a), (c), and (e), requires that the Motion be made on Forms MC-051, MC-052, and MC-053. Although Counsel filed Form MC-051, he did not file Forms MC-052 or MC-053. Thus, he has not satisfied the procedural requirements of Rule 3.1362. The hearing is CONTINUED to allow Counsel Stein an opportunity to fix this error.

IV. Conclusion & Order

For the foregoing reasons, Defendant’s Counsel Jay R. Stein’s Motion to be Relieved as Counsel is CONTINUED TO JUNE 15, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Counsel must file and serve supplemental papers as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.

Counsel Jay R. Stein is ordered to give notice.

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