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This case was last updated from Los Angeles County Superior Courts on 03/19/2021 at 05:09:41 (UTC).

JEFF WILSON VS WYNDHAM WORLDWIDE OPERATIONS, INC.

Case Summary

On 04/15/2019 JEFF WILSON filed a Personal Injury - Other Personal Injury lawsuit against WYNDHAM WORLDWIDE OPERATIONS, INC. 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:

    *******3705

  • Filing Date:

    04/15/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

WILSON JEFF

Defendants

WYNDHAM WORLDWIDE OPERATIONS INC.

SOUTHBAY HOSPITALITY LLC

Attorney/Law Firm Details

Plaintiff Attorney

MANKIN LEE

 

Court Documents

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

3/17/2021: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

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

9/28/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Minute Order - Minute Order (Court Order)

10/5/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 10/05/2020

10/5/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 10/05/2020

Proof of Personal Service - Proof of Personal Service

6/19/2019: Proof of Personal Service - Proof of Personal Service

Amended Complaint - Amended Complaint - 1(St)

5/21/2019: Amended Complaint - Amended Complaint - 1(St)

Summons - Summons on Complaint

5/22/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

4/15/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Civil Case Cover Sheet - Civil Case Cover Sheet

4/15/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

4/15/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

4/15/2019: Complaint - Complaint

Summons - Summons on Complaint

4/15/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

4/15/2019: First Amended Standing Order - First Amended Standing Order

1 More Documents Available

 

Docket Entries

  • 04/18/2022
  • Hearing04/18/2022 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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  • 06/21/2021
  • Hearing06/21/2021 at 09:30 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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  • 05/19/2021
  • Hearing05/19/2021 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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  • 03/17/2021
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 05/19/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 03/17/2021
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 03/17/2021
  • DocketOn the Court's own motion, Hearing on Motion to be Relieved as Counsel scheduled for 03/17/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 05/19/2021 10:00 AM

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  • 10/05/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/21/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 10/05/2020
  • DocketMinute Order (Court Order)

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  • 10/05/2020
  • DocketCertificate of Mailing for (Court Order) of 10/05/2020; Filed by: Clerk

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  • 10/05/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 10/13/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 10/05/2020

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6 More Docket Entries
  • 05/21/2019
  • Docketamended complaint; Filed by: Jeff Wilson (Plaintiff); As to: Wyndham Worldwide Operations, Inc. (Defendant); Southbay Hospitality, LLC (Defendant)

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  • 04/17/2019
  • DocketNon-Jury Trial scheduled for 10/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/17/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/18/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/17/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 04/15/2019
  • DocketComplaint; Filed by: Jeff Wilson (Plaintiff); As to: Wyndham Worldwide Operations, Inc. (Defendant)

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  • 04/15/2019
  • DocketCivil Case Cover Sheet; Filed by: Jeff Wilson (Plaintiff); As to: Wyndham Worldwide Operations, Inc. (Defendant)

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  • 04/15/2019
  • DocketCivil Case Cover Sheet; Filed by: Jeff Wilson (Plaintiff); As to: Wyndham Worldwide Operations, Inc. (Defendant)

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  • 04/15/2019
  • DocketSummons on Complaint; Issued and Filed by: Jeff Wilson (Plaintiff); As to: Wyndham Worldwide Operations, Inc. (Defendant)

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  • 04/15/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/15/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC03705    Hearing Date: March 17, 2021    Dept: 25

HEARING DATE: Wed., March 17, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Wilson v. Wyndham Worldwide Operations, Inc.

CASE NUMBER: 19STLC03705 COMPL. FILED: 04-15-19

NOTICE: OK DISC. C/O: NONE

DISC. MOT. C/O: NONE

TRIAL DATE: NOT SET

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Plaintiff’s Counsel Paul Mankin

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.162)

TENTATIVE RULING:

Plaintiff’s Counsel Paul Mankin’s Motion to be Relieved is CONTINUED TO MAY 19, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff’s Counsel must file 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 March 15, 2021 [ ] Late [X] None

REPLY: None filed as of March 15, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 15, 2019, Plaintiff Jeff Wilson (“Plaintiff”) filed a complaint alleging negligence, breach of contract, and nuisance against Defendant Wyndham Worldwide Operations, Inc. (“Wyndham”). Plaintiff filed a First Amended Complaint on May 21, 2019 against Defendant Wyndham and Southbay Hospitality, LLC (“Southbay”).

On September 28, 2020, Plaintiff’s Counsel Paul Makin (“Counsel”) filed the instant Motion to Be Relieved as Counsel (the “Motion”). No opposition was 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 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).)

  1. Discussion

As an initial matter, the Court notes that Counsel’s Motion is incomplete. As noted above, an application to be relieved must be made on 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).)

However, Counsel only filed the second page of Form MC-052. In addition, Counsel has not filed or served the proposed order on Form MC-053. Plaintiff’s Counsel is ordered to file and serve supplemental papers correcting these errors.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel Paul Mankin’s Motion to be Relieved is CONTINUED TO MAY 19, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff’s Counsel must file supplemental papers as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.

Plaintiff’s Counsel is ordered to give notice.

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