This case was last updated from Los Angeles County Superior Courts on 10/10/2021 at 01:49:10 (UTC).

ELBER SANCHEZ DUENAS VS LAURA ELIZABETH LINARES PAYEZ

Case Summary

On 06/08/2018 ELBER SANCHEZ DUENAS filed a Personal Injury - Motor Vehicle lawsuit against LAURA ELIZABETH LINARES PAYEZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8219

  • Filing Date:

    06/08/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

DUENAS ELBER SANCHEZ

Defendant

PAYEZ LAURA ELIZABETH LINARES

Attorney/Law Firm Details

Plaintiff Attorney

JIMENEZ DANIEL FERNANDO

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to be Relieved as Counsel) of 09/27/2021

9/27/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to be Relieved as Counsel) of 09/27/2021

Proof of Personal Service - Proof of Personal Service

8/25/2021: Proof of Personal Service - Proof of Personal Service

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

8/25/2021: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

3/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/29/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

4/5/2021: 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

4/5/2021: 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 (Order to Show Cause Re: Entry of Default and Default Judgment...)

4/8/2021: Minute Order - Minute Order (Order to Show Cause Re: Entry of Default and Default Judgment...)

Minute Order - Minute Order (Court Order Re:)

11/25/2019: Minute Order - Minute Order (Court Order Re:)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re:) of 11/25/2019

11/25/2019: Certificate of Mailing for - Certificate of Mailing for (Court Order Re:) of 11/25/2019

Proof of Personal Service

6/22/2018: Proof of Personal Service

Civil Case Cover Sheet

6/8/2018: Civil Case Cover Sheet

Complaint

6/8/2018: Complaint

Notice of Case Assignment - Limited Civil Case

6/8/2018: Notice of Case Assignment - Limited Civil Case

8 More Documents Available

 

Docket Entries

  • 11/04/2021
  • Hearing11/04/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 10/27/2021
  • Hearing10/27/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to be Relieved as Counsel

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  • 09/27/2021
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 10/27/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 09/27/2021
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 09/27/2021
  • DocketCertificate of Mailing for (Hearing on Motion to be Relieved as Counsel) of 09/27/2021; Filed by: Clerk

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  • 09/27/2021
  • DocketOn the Court's own motion, Hearing on Motion to be Relieved as Counsel scheduled for 09/27/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 10/27/2021 10:00 AM

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  • 08/25/2021
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 09/27/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 08/25/2021
  • DocketProof of Personal Service; Filed by: Elber Sanchez Duenas (Plaintiff); As to: Elber Sanchez Duenas (Plaintiff); Service Date: 04/10/2021; Service Cost: 50.00; Service Cost Waived: No

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  • 08/25/2021
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 08/25/2021
  • DocketOn the Court's own motion, Hearing on Motion to be Relieved as Counsel scheduled for 08/25/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 09/27/2021 10:30 AM

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13 More Docket Entries
  • 11/25/2019
  • DocketOn the Court's own motion, Order to Show Cause Re: Failure to File Proof of Service scheduled for 06/11/2021 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Advanced and Vacated on 11/25/2019

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 06/22/2018
  • DocketProof of Personal Service; Filed by: Elber Sanchez Duenas (Plaintiff); As to: Laura Elizabeth Linares Payez (Defendant); Service Date: 06/16/18; Service Cost: 40.00; Service Cost Waived: No

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  • 06/08/2018
  • DocketComplaint; Filed by: Elber Sanchez Duenas (Plaintiff); As to: Laura Elizabeth Linares Payez (Defendant)

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  • 06/08/2018
  • DocketCivil Case Cover Sheet; Filed by: Elber Sanchez Duenas (Plaintiff)

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  • 06/08/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 06/08/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/08/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 06/08/2018
  • DocketNon-Jury Trial scheduled for 12/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/08/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 06/11/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

b'

Case Number: 18STLC08219 Hearing Date: September 27, 2021 Dept: 25

PROCEEDINGS: MOTION TO BE RELIEVED AS\r\nCOUNSEL

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MOVING PARTY: Plaintiff’s Counsel Daniel\r\nJimenez

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RESP. PARTY: None

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MOTION TO BE RELIEVED AS COUNSEL

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(CCP § 284(2); CRC rule 3.162)

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TENTATIVE RULING:

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Plaintiff’s Counsel Daniel Jimenez’s Motion\r\nto be Relieved as Counsel is CONTINUED ONE LAST TIME TO OCTOBER 27, 2021 at 10:00\r\na.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days\r\nbefore the next scheduled hearing, Counsel must file and serve supplemental\r\npapers as requested herein. Failure to do so will result in the Motion being\r\nplaced off calendar or denied.

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SERVICE:

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[X] Proof of\r\nService Timely Filed (CRC, rule 3.1300) OK

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[X] Correct\r\nAddress (CCP §§ 1013, 1013a) OK

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[X] 16/21 Court\r\nDays Lapsed (CCP §§ 12c, 1005(b)) OK

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OPPOSITION: None\r\nfiled as of September 23, 2021 [ ] Late [X] None

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REPLY: None\r\nfiled as of September 23, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground & Discussion

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On June 8, 2018, Plaintiff Elber\r\nSanchez Duenas (“Plaintiff”) filed an action against Defendant Laura Elizabeth\r\nLinares Payez (“Defendant”). Defendant was served with the Complaint on June\r\n16, 2018 but has not yet filed an answer.

\r\n\r\n

\r\n\r\n

On April 5, 2021, Plaintiff’s\r\nCounsel Daniel F. Jimenez (“Counsel”) filed the instant Motion to be Relieved\r\nas Counsel (the “Motion”). No opposition was filed.

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At the initial August 25 hearing,\r\nthe Court noted that although it was satisfied with Counsel’s reasons for\r\nseeking to be relieved, he had not filed a proof of service demonstrating the\r\nMotion was served on Plaintiff as required by California Rules of Court, rule\r\n3.1362. (8/25/21 Minute Order.) Counsel had also not filed the proposed order\r\non Form MC-053 as required by California Rules of Court, rule 3.1362. (Id.)\r\nThe Court ordered Counsel to correct the noted errors and to give notice of the\r\ncontinuance. (Id.)

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That\r\nafternoon, Counsel filed a proof of service demonstrating that on April 10,\r\nPlaintiff was personally served with the Motion, supporting declaration, and\r\nproposed order. (8/25/21 Minute Order.)

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Counsel did\r\nnot, however, serve Plaintiff with notice of the continuance or file the\r\nproposed order on Form MC-053 as requested.

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As\r\nPlaintiff was not given notice of this continued hearing as required, the\r\nhearing is CONTINUED ONE LAST TIME.

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II. \r\nConclusion & Order

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For the\r\nforegoing reasons, Plaintiff’s Counsel\r\nDaniel Jimenez’s Motion to be Relieved as Counsel is CONTINUED ONE LAST TIME TO\r\nOCTOBER 27, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET\r\nCOURTHOUSE. At least 16 court days before the next scheduled hearing, Counsel\r\nmust file and serve supplemental papers as requested herein. Failure to do so\r\nwill result in the Motion being placed off calendar or denied.

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Plaintiff’s\r\nCounsel is ordered to give notice.

'b'

Case Number: 18STLC08219 Hearing Date: August 25, 2021 Dept: 25

PROCEEDINGS: MOTION TO BE RELIEVED AS\r\nCOUNSEL

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MOVING PARTY: Plaintiff’s Counsel Daniel\r\nJimenez

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RESP. PARTY: None

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MOTION TO BE RELIEVED AS COUNSEL

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(CCP § 284(2); CRC rule 3.162)

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TENTATIVE RULING:

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Plaintiff’s Counsel Daniel Jimenez’s Motion\r\nto be Relieved as Counsel is CONTINUED TO SEPTEMBER 27, 2021 at 10:30 a.m. in\r\nDepartment 25 at the SPRING STREET COURTHOUSE. At least 16 court days before\r\nthe next scheduled hearing, Counsel must file and serve supplemental papers as\r\nrequested herein. Failure to do so will result in the Motion being placed off\r\ncalendar or denied.

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SERVICE:

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[ ] Proof of Service Timely Filed (CRC, rule\r\n3.1300) NO

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[ ] Correct Address (CCP §§ 1013, 1013a) NO

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[ ] 16/21 Court Days Lapsed (CCP §§ 12c,\r\n1005(b)) NO

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OPPOSITION: None\r\nfiled as of August 20, 2021 [ ] Late [X] None

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REPLY: None\r\nfiled as of August 20, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground

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\r\n\r\n

On June 8, 2018, Plaintiff Elber\r\nSanchez Duenas (“Plaintiff”) filed an action against Defendant Laura Elizabeth\r\nLinares Payez (“Defendant”). Defendant was served with the Complaint on June\r\n16, 2018 but has not yet filed an answer.

\r\n\r\n

\r\n\r\n

On April 5, 2021, Plaintiff’s\r\nCounsel Daniel F. Jimenez (“Counsel”) filed the instant Motion to be Relieved\r\nas Counsel (the “Motion”). No opposition was filed.

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II. \r\nLegal Standard

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The court may\r\norder that an attorney be changed or substituted at any time before or after\r\njudgment or final determination upon request by either client or attorney and\r\nafter notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The\r\ndetermination whether to grant or deny a motion to withdraw as counsel lies\r\nwithin the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128,\r\n1133.) An application to be relieved as counsel must be made on Judicial\r\nCounsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and\r\nMC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c),\r\n(e).)

\r\n\r\n

In\r\naddition, California Rules of Court, rule 3.1362 subsection (d) requires that\r\nthe notice of motion and motion, declaration, and proposed order be served on\r\nthe client and all other parties who have appeared in the case by personal\r\nservice, electronic service, or mail. If the notice is served by mail, it must\r\nbe accompanied by a declaration stating facts showing that either:

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(A)\r\nThe service address is the current residence or business address of the client;\r\nor

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(B) The\r\nservice address is the last known residence or business address of the client\r\nand the attorney has been unable to locate a more current address after making\r\nreasonable efforts to do so within 30 days before the filing of the motion to\r\nbe relieved.

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(Cal. Rules of Court, rule 3.1362, subd. (1)(A) &\r\n(2).)

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III. \r\nDiscussion

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Plaintiff’s Counsel seeks to be\r\nrelieved due to a complete breakdown in communication with Plaintiff. (MC-052,\r\n¶ 2.) Specifically, Counsel explains that since August 15, 2019, he has tried\r\nto contact Plaintiff without success. (Id.)

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Although the Court is satisfied\r\nwith Counsel’s reasons for seeking to be relieved, his Motion is incomplete.\r\nFirst, Counsel did not file a proof of service demonstrating this Motion was\r\nserved on Plaintiff as required by California Rules of Court, rule 3.1362,\r\nsubdivision (d). In addition, Counsel did not file Form MC-053, the proposed\r\norder, as required by California Rules of Court, rule 3.1362, subdivision (d).

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IV. \r\nConclusion & Order

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For the\r\nforegoing reasons, Plaintiff’s Counsel\r\nDaniel Jimenez’s Motion to be Relieved as Counsel is CONTINUED TO SEPTEMBER 27,\r\n2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least\r\n16 court days before the next scheduled hearing, Counsel must file and serve\r\nsupplemental papers as requested herein. Failure to do so will result in the\r\nMotion being placed off calendar or denied.

\r\n\r\n

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Plaintiff’s\r\nCounsel is ordered to give notice.

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