On 09/16/2019 GAIN FEDERAL CREDIT UNION FKA BURBANK CITY FEDERAL CREDIT UNION filed a Contract - Other Contract lawsuit against JACQUELINE SAGORY TAPIA. 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.
*******8517
09/16/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
GAIN FEDERAL CREDIT UNION FKA BURBANK CITY FEDERAL CREDIT UNION
TAPIA JACQUELINE SAGORY AKA JACQUELINE SAGORY AKA JACQUELINE TAPIA
GARWACKI JR. RAY
STARRETT II CARL
8/12/2020: Notice of Motion - Notice of Motion
8/12/2020: 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 Amended
10/22/2020: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil
10/22/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)
8/10/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)
4/9/2020: Notice of Change of Firm Name - Notice of Change of Firm Name
4/10/2020: 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
4/10/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel
11/26/2019: Proof of Personal Service - Proof of Personal Service
10/30/2019: General Denial - General Denial
9/16/2019: Complaint - Complaint
9/16/2019: Summons - Summons on Complaint
9/16/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
9/16/2019: First Amended Standing Order - First Amended Standing Order
9/16/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing09/19/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing03/15/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Signed and Filed by: Carl Starrett II (Attorney); As to: Jacqueline Sagory Tapia (Defendant)
DocketMinute Order (Hearing on Motion to be Relieved as Counsel)
DocketHearing on Motion to be Relieved as Counsel scheduled for 10/22/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/22/2020; Result Type to Held - Motion Granted
DocketNotice of Motion; Filed by: Jacqueline Sagory Tapia (Defendant)
DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil Amended; Filed by: Carl Starrett II (Attorney)
DocketHearing on Motion to be Relieved as Counsel scheduled for 10/22/2020 at 10:00 AM in Spring Street Courthouse at Department 25
DocketMinute Order (Hearing on Motion to be Relieved as Counsel)
DocketOn the Court's own motion, Hearing on Motion to be Relieved as Counsel scheduled for 08/10/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 10/22/2020 10:00 AM
DocketProof of Personal Service; Filed by: Gain Federal Credit Union fka Burbank City Federal Credit Union (Plaintiff); As to: Jacqueline Sagory Tapia (Defendant); Service Date: 11/18/2019; Service Cost Waived: No
DocketGeneral Denial; Filed by: Jacqueline Sagory Tapia (Defendant)
DocketNon-Jury Trial scheduled for 03/15/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/19/2022 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: Gain Federal Credit Union fka Burbank City Federal Credit Union (Plaintiff); As to: Jacqueline Sagory Tapia (Defendant)
DocketSummons on Complaint; Issued and Filed by: Gain Federal Credit Union fka Burbank City Federal Credit Union (Plaintiff); As to: Jacqueline Sagory Tapia (Defendant)
DocketCivil Case Cover Sheet; Filed by: Gain Federal Credit Union fka Burbank City Federal Credit Union (Plaintiff); As to: Jacqueline Sagory Tapia (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 19STLC08517 Hearing Date: October 22, 2020 Dept: 25
HEARING DATE: Thu., October 22, 2020 JUDGE /DEPT: Blancarte/25
CASE NAME: Gain Federal Credit Union v. Tapia
CASE NUMBER: 19STLC08517 COMP. FILED: 09-16-19
NOTICE: OK DISC. C/O: 02-13-21
MOTION C/O: 02-22-21
TRIAL DATE: 03-15-21
PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL
MOVING PARTY: Defendant’s Counsel Tyneia Merritt
RESP. PARTY: None
MOTION TO BE RELIEVED AS COUNSEL
(CCP § 284(2); CRC rule 3.162)
TENTATIVE RULING:
Defendant’s Counsel Tyneia Merritt’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).) Defendant] 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 October 20, 2020 [ ] Late [X] None
REPLY: None filed as of October 20, 2020 [ ] Late [X] None
ANALYSIS:
Background
On September 16, 2019, Plaintiff Gain Federal Credit Union (“Plaintiff”) filed an action for breach of contract, money lent, and account stated against Defendant Jacqueline Tapia aka Jacqueline Sagory aka Jaqueline Sagory Tapia (“Defendant”). On October 30, 2019, Defendant filed an Answer.
On April 10, 2020, Defendant’s attorney Tyneia Merritt (“Counsel”) with the National Litigation Law Group filed the instant Motion to be Relieved as Counsel (the “Motion”).
At the initial August 10, 2020 hearing, the Court noted that Counsel’s supporting declaration stated both that she confirmed Defendant’s current address via return receipt and that she was unable to confirm Defendant’s address despite mailing the Motion to the last known address with return receipt requested, calling Defendant’s last known number, and emailing Defendant. (8/10/20 Minute Order.) Counsel was thus ordered to file supplemental papers correcting the error. (Id.) On August 12, 2020, Counsel filed an amended supporting declaration.
To date, no opposition has been filed.
Legal Standard
(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.
Discussion
Defendant’s Counsel seeks to be relieved due to a breakdown in the attorney-client relationship. (8/12/20 MC-052, ¶ 2.) Counsel served Defendant with the Motion, supporting declaration, and proposed order by mail at Defendant’s last known address which Counsel was unable to confirm was current despite mailing the Motion with a return receipt requested, calling Defendant’s last known phone number, and emailing Defendant. (Id. at ¶ 3(b).)
The Court is satisfied with Counsel’s reasons for seeking to be relieved and finds that she has satisfied the requirements of California Rules of Court, rule 3.1362, subdivision (a) and (c)-(e). Importantly, trial is set for March 15, 2021, giving Defendant sufficient time to seek other counsel should she wish to obtain new representation.
Conclusion & Order
For the foregoing reasons, Defendant’s Counsel Tyneia Merritt’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).) Defendant] has been filed with the court.” (Id.)
Defendant’s Counsel is ordered to give notice.
Case Number: 19STLC08517 Hearing Date: August 10, 2020 Dept: 25
HEARING DATE: Mon., August 10, 2020 JUDGE /DEPT: Blancarte/25
CASE NAME: Gain Federal Credit Union v. Tapia
CASE NUMBER: 19STLC08517 COMP. FILED: 09-16-19
NOTICE: OK DISC. C/O: 02-13-21
MOTION C/O: 02-22-21
TRIAL DATE: 03-15-21
PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL
MOVING PARTY: Defendant’s Counsel Tyneia Merritt
RESP. PARTY: None
MOTION TO BE RELIEVED AS COUNSEL
(CCP § 284(2); CRC rule 3.162)
TENTATIVE RULING:
Defendant’s Counsel Tyneia Merritt’s Motion to be Relieved as Counsel is CONTINUED TO OCTOBER 22, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant’s Counsel must file and serve supplemental papers addressing the errors identified 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 August 6, 2020 [ ] Late [X] None
REPLY: None filed as of August 6, 2020 [ ] Late [X] None
ANALYSIS:
Background
On September 16, 2019, Plaintiff Gain Federal Credit Union (“Plaintiff”) filed an action for breach of contract, money lent, and account stated against Defendant Jacqueline Tapia aka Jacqueline Sagory aka Jaqueline Sagory Tapia (“Defendant”). On October 30, 2019, Defendant filed an Answer.
On April 10, 2020, Defendant’s attorney Tyneia Merritt (“Counsel”) with the National Litigation Law Group 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).) (Italics added.)
Discussion
Defendant’s Counsel seeks to be relieved due to a breakdown in the attorney-client relationship and because it is in the best interest of Defendant that the attorney-client relationship be terminated. (MC-052, ¶ 2.) The Court is satisfied with Counsel’s reasons for seeking to be relieved. In addition, trial is set for March 15, 2021, giving Defendant sufficient time to seek other counsel should she wish to obtain new representation.
However, Counsel confusingly states both that she confirmed Defendant’s current address via return receipt, and that Counsel has been unable to confirm Defendant’s address despite mailing the Motion to the last known address with return receipt requested, calling Defendant’s last known phone number, and emailing Defendant. (Id. at ¶ 3(a), (b).) Thus, Defendant’s Counsel is ordered to file an amended Form MC-052 correcting this error.
Conclusion & Order
For the foregoing reasons, Defendant’s Counsel Tyneia Merritt’s Motion to be Relieved as Counsel is CONTINUED TO OCTOBER, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant’s Counsel must file and serve supplemental papers addressing the errors identified herein. Failure to do so may result in the Motion being placed off calendar or denied.
Moving party is ordered to give notice.