This case was last updated from Los Angeles County Superior Courts on 11/29/2021 at 00:49:33 (UTC).

FRANCISCO GAMA SALMERON, ET AL. VS RAMIRO LOPEZ

Case Summary

On 03/30/2020 FRANCISCO GAMA SALMERON filed a Personal Injury - Motor Vehicle lawsuit against RAMIRO LOPEZ. 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:

    *******2897

  • Filing Date:

    03/30/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiffs

GAMA SALMERON FRANCISCO

BARRERA VICTOR

ALVAREZ JOSE

Defendant

LOPEZ RAMIRO

Attorney/Law Firm Details

Plaintiff Attorney

RYAN JOSEPH DAVID

Defendant Attorney

KESHISHIAN NATALIE

 

Court Documents

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

11/8/2021: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

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

11/8/2021: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

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

11/9/2021: 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

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

10/25/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice of Ruling - Notice of Ruling

10/20/2021: Notice of Ruling - Notice of Ruling

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

10/7/2021: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Request for Dismissal - Request for Dismissal

9/30/2021: Request for Dismissal - Request for Dismissal

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

6/10/2021: 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

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

6/10/2021: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Minute Order - Minute Order (Jury Trial)

9/27/2021: Minute Order - Minute Order (Jury Trial)

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

6/3/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Answer - Answer

7/2/2020: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

7/2/2020: Demand for Jury Trial - Demand for Jury Trial

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

7/2/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Complaint - Complaint

3/30/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

3/30/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

3/30/2020: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

3/30/2020: Summons - Summons on Complaint

7 More Documents Available

 

Docket Entries

  • 12/15/2021
  • Hearing12/15/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 11/09/2021
  • DocketProof of Service - Order Granting Attorney's Motion to be Relieved as Counsel; Filed by: Joseph David Ryan (Attorney); As to: Joseph David Ryan (Attorney); Victor Barrera (Plaintiff)

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  • 11/08/2021
  • DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Signed and Filed by: Joseph David Ryan (Attorney); As to: Victor Barrera (Plaintiff)

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  • 11/08/2021
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 11/08/2021
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 11/08/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 11/08/2021; Result Type to Held - Motion Granted

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  • 10/25/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: Victor Barrera (Plaintiff); As to: Victor Barrera (Plaintiff)

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  • 10/20/2021
  • DocketNotice of Ruling; Filed by: Victor Barrera (Plaintiff)

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  • 10/07/2021
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 11/08/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 10/07/2021
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 10/07/2021
  • DocketOn the Court's own motion, Hearing on Motion to be Relieved as Counsel scheduled for 10/07/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 11/08/2021 10:30 AM

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12 More Docket Entries
  • 07/02/2020
  • DocketDemand for Jury Trial; Filed by: Ramiro Lopez (Defendant)

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  • 06/03/2020
  • DocketProof of Service by Substituted Service; Filed by: Francisco Gama Salmeron (Plaintiff); As to: Ramiro Lopez (Defendant); Proof of Mailing Date: 05/27/2020; Service Cost: 86.70; Service Cost Waived: No

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  • 04/01/2020
  • DocketNon-Jury Trial scheduled for 09/27/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/01/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/03/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/01/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 03/30/2020
  • DocketComplaint; Filed by: Francisco Gama Salmeron (Plaintiff); Victor Barrera (Plaintiff); Jose Alvarez (Plaintiff); As to: Ramiro Lopez (Defendant)

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  • 03/30/2020
  • DocketSummons on Complaint; Issued and Filed by: Francisco Gama Salmeron (Plaintiff); Victor Barrera (Plaintiff); Jose Alvarez (Plaintiff); As to: Ramiro Lopez (Defendant)

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  • 03/30/2020
  • DocketCivil Case Cover Sheet; Filed by: Francisco Gama Salmeron (Plaintiff); Victor Barrera (Plaintiff); Jose Alvarez (Plaintiff); As to: Ramiro Lopez (Defendant)

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  • 03/30/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/30/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

b'

Case Number: 20STLC02897 Hearing Date: November 8, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nTO BE RELIEVED AS COUNSEL

\r\n\r\n

\r\n\r\n

MOVING PARTY: Plaintiff\r\nVictor Barrera’s Counsel Joseph Ryan

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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\r\nCounsel Joseph Ryan’s Motion to be Relieved as Counsel is GRANTED and the Order will be signed at\r\nthe hearing. After the order is signed, a copy of the\r\nsigned order must be served on the client and on all parties that have appeared\r\nin 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\r\norder on [Plaintiff\r\nBarrera] has been filed with the court.” (Id.)

\r\n\r\n

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SERVICE: \r\n

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\r\n\r\n

[X]\r\nProof of Service Timely Filed (CRC, rule 3.1300) OK

\r\n\r\n

[X]\r\nCorrect Address (CCP §§ 1013, 1013a) OK

\r\n\r\n

[X]\r\n16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

\r\n\r\n

\r\n\r\n

OPPOSITION: None filed as of November\r\n3, 2021 [ ] Late [X] None

\r\n\r\n

REPLY: None filed as of\r\nNovember 3, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n& Discussion

\r\n\r\n

\r\n\r\n

On March 30, 2020, Plaintiffs Francisco Gama Salmeron\r\n(“Salmeron”), Victor Barrera (“Barrera”), and Jose Alvarez (“Alvarez”) filed an\r\naction against Defendant Ramiro Lopez (“Defendant”). Defendant filed an Answer\r\non July 2, 2020.

\r\n\r\n

\r\n\r\n

On June 10, 2021, Plaintiff Barrera’s Counsel Joseph D.\r\nRyan (“Counsel”) filed the instant Motion to be Relieved as Counsel (the\r\n“Motion”). No opposition was filed.

\r\n\r\n

\r\n\r\n

Plaintiffs Salmeron and Alvarez were dismissed from the\r\nComplaint on October 1, 2021. (9/30/21 Request for Dismissal”).

\r\n\r\n

\r\n\r\n

At the initial October 7 hearing, the Court stated it was\r\nsatisfied with Counsel’s reasons for seeking to be relieved. (10/7/21 Minute\r\nOrder.) However, because the Motion was improperly noticed, the Court continued\r\nthe hearing. (Id.) Counsel was ordered to give notice of the continuance.\r\n(Id.) Counsel filed two proofs of service demonstrating that Plaintiff\r\nBarrera was served with the notice of ruling via regular mail on October 19.\r\n(10/20/21 Notice of Ruling.)

\r\n\r\n

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The Court notes that Counsel did not file a proof of\r\nservice demonstrating he also gave notice to Defendant. However, Defendant was\r\ngiven notice of the initial hearing and did not file any opposition. Barring\r\nany opposition from Defendant at the hearing, the Motion is GRANTED.

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II. \r\nConclusion\r\n& Order

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For the foregoing reasons, Plaintiff’s Counsel Joseph Ryan’s Motion to\r\nbe Relieved as Counsel is GRANTED and the Order will be signed at the\r\nhearing. After the order is signed, a copy of the signed order must be\r\nserved on the client and on all parties that have appeared in the case.” (Cal. Rules of Court,\r\nrule 3.1362(e).) The Order on\r\nthis Motion will not be effective\r\n“until proof of service of a copy of the signed order on [Plaintiff Barrera] has been\r\nfiled with the court.” (Id.)

\r\n\r\n

\r\n\r\n

Counsel is ordered to give notice.

'b'

Case Number: 20STLC02897 Hearing Date: October 7, 2021 Dept: 25

PROCEEDINGS: MOTION TO BE RELIEVED AS\r\nCOUNSEL

\r\n\r\n

\r\n\r\n

MOVING PARTY: Plaintiff Victor Barrera’s\r\nCounsel Joseph Ryan

\r\n\r\n

RESP. PARTY: None

\r\n\r\n

\r\n\r\n

MOTION TO BE RELIEVED AS COUNSEL

\r\n\r\n

(CCP § 284(2); CRC rule 3.162)

\r\n\r\n

\r\n\r\n

TENTATIVE RULING:

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Plaintiff’s Counsel Joseph Ryan’s Motion to\r\nbe Relieved as Counsel is CONTINUED TO NOVEMBER 8, 2021 at 10:30 a.m. in\r\nDepartment 25 at the SPRING STREET COURTHOUSE. At least five (5) days before\r\nthe next scheduled hearing, Counsel must file a proof of service demonstrating\r\nPlaintiff Victor Barrera was given proper notice of the hearing. Failure to do\r\nso will result in the Motion being placed off calendar or denied.

\r\n\r\n

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SERVICE:

\r\n\r\n

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[X] Proof of Service Timely Filed (CRC,\r\nrule 3.1300) OK

\r\n\r\n

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

\r\n\r\n

[X] 16/21 Court Days Lapsed (CCP §§ 12c,\r\n1005(b)) OK

\r\n\r\n

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OPPOSITION: None\r\nfiled as of October 5, 2021 [ ] Late [X] None

\r\n\r\n

REPLY: None\r\nfiled as of October 5, 2021 [ ] Late [X] None

\r\n\r\n

\r\n\r\n

ANALYSIS:

\r\n\r\n

\r\n\r\n

I. \r\nBackground

\r\n\r\n

\r\n\r\n

On March 30, 2020, Plaintiffs\r\nFransisco Gama Salmeron (“Salmeron”), Victor Barrera (“Barerra”), and Jose\r\nAlvarez (“Alvarez”) filed an action against Defendant Ramiro Lopez\r\n(“Defendant”). Defendant filed an Answer on July 2, 2020.

\r\n\r\n

\r\n\r\n

On June 10, 2021, Plaintiff\r\nBarrera’s Counsel Joseph D. Ryan (“Counsel”) filed the instant Motion to be\r\nRelieved as Counsel (the “Motion”). No opposition was filed.

\r\n\r\n

\r\n\r\n

Plaintiffs Salmeron and Alvarez\r\nwere dismissed from the Complaint with prejudice on October 1, 2021. (9/30/21\r\nRequest for Dismissal”).

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II. \r\nLegal Standard

\r\n\r\n

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 be\r\naccompanied by a declaration stating facts showing that either:

\r\n\r\n

(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.

\r\n\r\n

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

\r\n\r\n

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III. \r\nDiscussion

\r\n\r\n

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Counsel seeks to be relieved due to\r\ncommunication issues. (MC-052, ¶ 2, Attach. 2.) Counsel states that Plaintiffs\r\nAlvarez’s and Salmeron’s claims have been resolved. (Id.) As to\r\nPlaintiff Barrera, Counsel states he has failed to cooperate with Counsel’s\r\noffice in responding to discovery and that efforts to communicate with\r\nPlaintiff Barrera have been unsuccessful. (Id.) As a result, Counsel\r\nbelieves he is unable to fulfill his obligation to properly represent Plaintiff\r\nBarrera. (Id.) Counsel states this Motion was served at Plaintiff\r\nBarrera’s last known address, which was confirmed at most 30 days before this\r\nMotion was filed through a private investigator. (Id. at ¶ 3.)

\r\n\r\n

\r\n\r\n

The Court is satisfied with\r\nCounsel’s reasons for seeking to be relieved. However, Counsel improperly\r\nnoticed this Motion. Specifically, the notice of Motion states this Motion\r\nwould be heard in Department 25 at 111 N. Hill Street, Los Angeles, CA 90012,\r\nthe address for the Stanley Mosk Courthouse, and does not identify any judicial\r\nofficer. (See Mot., MC-051, MC052, & MC-053.) Should Plaintiff Barrera wish\r\nto appear at the hearing and oppose this Motion, he will not be able to do so.

\r\n\r\n

\r\n\r\n

Accordingly, the Motion is\r\nCONTINUED so that Counsel may give Plaintiff Barrera proper notice.

\r\n\r\n

\r\n\r\n

IV. \r\nConclusion & Order

\r\n\r\n

\r\n\r\n

For the\r\nforegoing reasons, Plaintiff’s Counsel\r\nJoseph Ryan’s Motion to be Relieved as Counsel is CONTINUED TO NOVEMBER 8, 2021\r\nat 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least five\r\n(5) days before the next scheduled hearing, Counsel must file a proof of\r\nservice demonstrating Plaintiff Victor Barrera was given proper notice of this\r\nhearing. Failure to do so will result in the Motion being placed off calendar\r\nor denied.

\r\n\r\n

\r\n\r\n

Counsel is\r\nordered to give notice.

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