This case was last updated from Los Angeles County Superior Courts on 10/22/2020 at 07:33:29 (UTC).

JOCELYN LOPEZ VS DANIYAL HAMEED

Case Summary

On 02/22/2019 JOCELYN LOPEZ filed a Personal Injury - Motor Vehicle lawsuit against DANIYAL HAMEED. 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:

    *******1868

  • Filing Date:

    02/22/2019

  • 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

LOPEZ JOCELYN

Defendant

HAMEED DANIYAL

Attorney/Law Firm Details

Plaintiff Attorney

HALPERN JASON SALINAS

Defendant Attorney

BOIADJIAN ANGELA

 

Court Documents

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

10/14/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

9/30/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Motion for Order (name extension) - Motion for Order NOTICE OF MOTION FOR ORDER COMPELLING PLAINTIFF'S ATTENDANCE AND TESTIMONY AT DEPOSITION AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM O

9/3/2020: Motion for Order (name extension) - Motion for Order NOTICE OF MOTION FOR ORDER COMPELLING PLAINTIFF'S ATTENDANCE AND TESTIMONY AT DEPOSITION AND FOR AN ORDER IMPOSING MONETARY SANCTIONS; MEMORANDUM O

Proof of Service - No Service - Proof of Service - No Service

8/28/2019: Proof of Service - No Service - Proof of Service - No Service

Declaration (name extension) - Declaration Declaration in Support of Publication

9/3/2019: Declaration (name extension) - Declaration Declaration in Support of Publication

Answer - Answer

9/13/2019: Answer - Answer

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

9/26/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Publication re: Daniyal

10/9/2019: Notice of Rejection - Ex Parte Application Without Hearing - Notice of Rejection - Ex Parte Application Without Hearing for Publication re: Daniyal

Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION FOR ORDER COMPELLING RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR ORDER IMPOSING MONETARY SANCTIONS

12/24/2019: Motion to Compel (name extension) - Motion to Compel NOTICE OF MOTION FOR ORDER COMPELLING RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR ORDER IMPOSING MONETARY SANCTIONS

Notice (name extension) - Notice NOTICE THAT MOTIONS FOR ORDER COMPELLING RESPONSES TO INTERROGATORIES AND DEMAND FOR INSPECTION HAVE BEEN TAKEN OFF CALENDAR

1/2/2020: Notice (name extension) - Notice NOTICE THAT MOTIONS FOR ORDER COMPELLING RESPONSES TO INTERROGATORIES AND DEMAND FOR INSPECTION HAVE BEEN TAKEN OFF CALENDAR

Stipulation and Order (name extension) - Stipulation and Order Stipulation to continue trial

5/18/2020: Stipulation and Order (name extension) - Stipulation and Order Stipulation to continue trial

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

7/14/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

7/14/2020: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application

Summons - Summons on Complaint

2/22/2019: Summons - Summons on Complaint

Complaint - Complaint

2/22/2019: Complaint - Complaint

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

2/22/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

2/22/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

2/22/2019: First Amended Standing Order - First Amended Standing Order

7 More Documents Available

 

Docket Entries

  • 06/08/2021
  • Hearing06/08/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 02/09/2021
  • Hearing02/09/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 11/17/2020
  • Hearing11/17/2020 at 11:00 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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  • 10/14/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 11/17/2020 at 11:00 AM in Spring Street Courthouse at Department 25

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  • 10/14/2020
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 10/14/2020
  • DocketOn the Court's own motion, Hearing on Motion to be Relieved as Counsel scheduled for 10/14/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 11/17/2020 11:00 AM

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  • 09/30/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 09/30/2020
  • DocketUpdated -- Event scheduled for 10/05/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Type changed from Non-Jury Trial to Jury Trial

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  • 09/30/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/25/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/30/2020

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  • 09/30/2020
  • DocketOn the Court's own motion, Jury Trial scheduled for 10/05/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 06/08/2021 08:30 AM

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22 More Docket Entries
  • 09/03/2019
  • DocketDeclaration Declaration in Support of Publication; Filed by: Jocelyn Lopez (Plaintiff)

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  • 08/28/2019
  • DocketProof of Service - No Service; Filed by: Jocelyn Lopez (Plaintiff); As to: Daniyal Hameed (Defendant)

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  • 02/25/2019
  • DocketNon-Jury Trial scheduled for 08/21/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/25/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/25/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/25/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 02/22/2019
  • DocketComplaint; Filed by: Jocelyn Lopez (Plaintiff); As to: Daniyal Hameed (Defendant)

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  • 02/22/2019
  • DocketSummons on Complaint; Issued and Filed by: Jocelyn Lopez (Plaintiff); As to: Daniyal Hameed (Defendant)

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  • 02/22/2019
  • DocketCivil Case Cover Sheet; Filed by: Jocelyn Lopez (Plaintiff); As to: Daniyal Hameed (Defendant)

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  • 02/22/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/22/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC01868    Hearing Date: October 14, 2020    Dept: 25

HEARING DATE: Wed., October 14, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Lopez v. Hameed COMPL. FILED: 02-22-19

CASE NUMBER: 19STLC01868 DISC. C/O: 05-09-21

NOTICE: NO (hearing) DISC. MOT. C/O: 05-24-21

TRIAL DATE: 06-08-21

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Plaintiff’s Counsel Jason S. Halpern

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Plaintiff’s Counsel Jason S. Halpern’s Motion to be Relieved as Counsel is GRANTED ON THE CONDITION THAT, before the hearing, Counsel files a proof of service demonstrating he gave Plaintiff proper notice of the October 14th hearing. If granted, 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.)

Otherwise, the Motion will be CONTINUED TO NOV 17, 2020 at 11:00 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 and serve supplemental papers addressing the deficiencies 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 October 7, 2020 [ ] Late [X] None

REPLY: None filed as of October 7, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On February 22, 2019, Plaintiff Jocelyn Lopez (“Plaintiff”) filed an action for motor vehicle negligence against Defendant Daniyal Hameed (“Defendant”). Defendant filed an Answer on September 13, 2019.

On July 14, 2020, Plaintiff’s Counsel Jason S. Halpern with Halpern & Associates (“Counsel”) filed the instant Motion to be Relieved as Counsel. 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(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(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

Plaintiff’s Counsel seeks to be relieved because he has lost communication with Plaintiff. (MC-052, ¶ 2.) Counsel explains his office has attempted to call Plaintiff’s last known phone number on several occasions, but has been unable to reach her. (Id.) Counsel’s office has also sent several correspondences to Plaintiff’s last known address which have not been returned as undeliverable. (Id.) Despite Counsel’s attempts, Plaintiff has refused to communicate with Counsel. (Id.) Counsel served Plaintiff with the Motion, supporting declaration, and proposed order by mail at Plaintiff’s current address, which was confirmed via a skip trace search using Accruint at most 30 days before this Motion was filed. (Id. at ¶ 3.) Importantly, trial is scheduled for June 8, 2021, giving Plaintiff sufficient time to find other legal representation should she wish to continue prosecuting this action.

The Court is satisfied with Counsel’s reasons for seeking to be relieved. Although the Court is inclined to grant the Motion, it is unclear whether Plaintiff was given adequate notice of this hearing. Plaintiff’s Counsel’s moving papers state that the hearing is scheduled for July 20, 2020 at 1:30 p.m. and October 14, 2020 at 10:00 p.m. [sic].

In the interest of judicial economy, however, the Motion is GRANTED ON THE CONDITION THAT, before the hearing, Plaintiff’s Counsel files a proof of service demonstrating he gave adequate notice of the October 14th hearing. Otherwise, the hearing will be CONTINUED.

 

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel Jason S. Halpern’s Motion to be Relieved as Counsel is GRANTED ON THE CONDITION THAT, before the hearing, Counsel files a proof of service demonstrating he gave Plaintiff proper notice of the October 14th hearing. If granted, 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.)

Otherwise, the Motion will be CONTINUED TO NOV 17, 2020 at 11:00 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 and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.