On 04/17/2018 a Personal Injury - Motor Vehicle case was filed by JEFFREY CUELLO against BREANNA RAQUEL GARCIA in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
*******6202
04/17/2018
Pending - Other Pending
Stanley Mosk Courthouse
Los Angeles, California
JON R. TAKASUGI
CUELLO JEFFREY
GARCIA BREANNA RAQUEL
4/17/2018: Complaint
4/17/2018: Summons - on Complaint
4/17/2018: Civil Case Cover Sheet
4/17/2018: Notice of Case Assignment - Limited Civil Case
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial
DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer
DocketCase assigned to Hon. Jon R. Takasugi in Department 77 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 10/15/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 04/20/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77
DocketComplaint; Filed by: Jeffrey Cuello (Plaintiff); As to: Breanna Raquel Garcia (Defendant)
DocketCivil Case Cover Sheet; Filed by: Jeffrey Cuello (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
Case Number: 18STLC06202 Hearing Date: March 11, 2020 Dept: 25
MOTION TO BE RELIEVED AS COUNSEL
(CCP § 284(2); CRC rule 3.162)
TENTATIVE RULING:
Plaintiff’s Counsel’s Haik Beloryan’s Motion to be Relieved as Counsel is CONTINUED TO MAY 28, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Counsel must submit a supplemental declaration as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.
ANALYSIS:
Background
On April 17, 2018, Plaintiff Jeffrey Cuello (“Plaintiff”) filed an action for general negligence and motor vehicle negligence against Defendant Breanna Raquel Garcia (“Defendant”).
On October 11, 2019, Plaintiff’s counsel Haik Beloryan (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”). No opposition has been filed.
A jury trial was scheduled for October 15, 2019. Pursuant to Counsel’s request, the Court continued the trial to June 16, 2020 to allow for the determination of the instant Motion. (10/15/19 Minute Order.)
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
Counsel seeks to be relieved as counsel due to a complete loss of communication with Plaintiff. (Form MC-052, ¶ 2, Exhs. B, D.) Counsel states his phone calls to Plaintiff have gone unanswered and that mail sent to Plaintiff’s last known address has been returned to his office as undeliverable and “unclaimed.” (Id. at ¶ 2.) Counsel has also attempted to confirm Plaintiff’s address via LexisNexis, which indicated that Plaintiff’s last known address is still his current address. (Id., Exh. C.)
In addition, Counsel states that he mailed “loss of contact” letters to Plaintiff on December 7, 2016, January 13, 2017, July 20, 2017, December 14, 2017, and May 16, 2019. (Id.)
The loss of contact letters and emails (dated December 27, 2016, July 21, 2017, and December 14, 2017) suggest that Counsel may have filed a small claims action on behalf of Plaintiff, for which Counsel also lost contact. (Id., Exhs. A, B.) However, it is unclear to the Court why Counsel, after having lost contact with Plaintiff for over a year, filed this limited action in April 2018. Thus, Counsel is ordered to provide a supplemental declaration providing an explanation for the above.
Conclusion & Order
For the foregoing reasons, Plaintiff’s Counsel’s Haik Beloryan’s Motion to be Relieved as Counsel is CONTINUED TO MAY 28, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Counsel must submit a supplemental declaration as requested herein. Failure to do so may result in the Motion being placed off calendar or denied.
Moving party is ordered to give notice.