This case was last updated from Los Angeles County Superior Courts on 07/22/2020 at 09:20:11 (UTC).

GABRIELA PALMA, AN INDIVIDUAL VS MARGARITA L. GOMEZ, AN INDIVIDUAL

Case Summary

On 07/30/2019 GABRIELA PALMA, AN INDIVIDUAL filed a Personal Injury - Motor Vehicle lawsuit against MARGARITA L GOMEZ, 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 JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6999

  • Filing Date:

    07/30/2019

  • 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

PALMA AN INDIVIDUAL GABRIELA

Defendant

GOMEZ AN INDIVIDUAL MARGARITA L.

Attorney/Law Firm Details

Plaintiff Attorney

YAHOUDAI YOSI ESQ.

 

Court Documents

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

3/9/2020: 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)

3/9/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

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

10/17/2019: 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

10/17/2019: 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

Complaint - Complaint

7/30/2019: Complaint - Complaint

Summons - Summons on Complaint

7/30/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

7/30/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

7/30/2019: First Amended Standing Order - First Amended Standing Order

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

7/30/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 08/02/2022
  • Hearing08/02/2022 at 10:30 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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  • 01/26/2021
  • Hearing01/26/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/09/2020
  • DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Signed and Filed by: Yosi Yahoudai, Esq. (Attorney); As to: Gabriela Palma, an Individual (Plaintiff)

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  • 03/09/2020
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 03/09/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 03/09/2020 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/09/2020; Result Type to Held - Motion Granted

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  • 10/18/2019
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 03/09/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/17/2019
  • DocketMotion to Be Relieved as Counsel; Filed by: Attorney; As to: Gabriela Palma, an Individual (Plaintiff)

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  • 10/17/2019
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: Yosi Yahoudai, Esq. (Attorney)

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  • 07/31/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/02/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/31/2019
  • DocketNon-Jury Trial scheduled for 01/26/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/31/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/30/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 07/30/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/30/2019
  • DocketCivil Case Cover Sheet; Filed by: Gabriela Palma, an Individual (Plaintiff); As to: Margarita L. Gomez, an Individual (Defendant)

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  • 07/30/2019
  • DocketSummons on Complaint; Issued and Filed by: Gabriela Palma, an Individual (Plaintiff); As to: Margarita L. Gomez, an Individual (Defendant)

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  • 07/30/2019
  • DocketComplaint; Filed by: Gabriela Palma, an Individual (Plaintiff); As to: Margarita L. Gomez, an Individual (Defendant)

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Tentative Rulings

Case Number: 19STLC06999    Hearing Date: March 09, 2020    Dept: 25

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Plaintiff Gabriela Palma’s Counsel John v. Bell’s Motion to be Relieved as Counsel is GRANTED and the proposed 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.)

ANALYSIS:

  1. Background

On July 30, 2019, Plaintiff Gabriela Palma (“Plaintiff”) filed an action for motor vehicle negligence and general negligence against Defendant Margarita Gomez (“Defendant”).

On October 17, 2019, Plaintiff’s Counsel John v. Bell (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”). 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 Council 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. (d)(1)(A) & (2).)

  1. Discussion

Plaintiff’s Counsel seeks to be relieved due to his inability to communicate with Plaintiff. (MC-052, ¶ 3, Exh. B.) He states that his last telephonic communication with Plaintiff occurred on July 22, 2019, and because Plaintiff’s whereabouts are currently unknown, he is unable to prosecute the case. (Id., Exh. B, ¶ 5.) He also states that his office has been unable to reach Plaintiff by phone, and that written communications mailed to her address requesting she contact Counsel’s office have gone unanswered, but have not been returned as undeliverable. (Id. at ¶ 6-7.)

The Court is satisfied with Plaintiff’s Counsel’s reasons for seeking to be relieved and finds that Counsel has satisfied the requirements of California Rules of Court, rule 3.1362, subdivision (a), and (c)-(e). In addition, trial is scheduled for January 26, 2021, giving Plaintiff sufficient time to obtain new counsel should she wish to continue prosecuting this action.

Thus, the unopposed Motion is GRANTED.

  1. Conclusion & Order

 

Plaintiff Gabriela Palma’s Counsel John v. Bell’s Motion to be Relieved as Counsel is GRANTED and the proposed 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.