This case was last updated from Los Angeles County Superior Courts on 09/19/2020 at 01:19:36 (UTC).

JOSE VILLATORO MUNOZ VS JOSE MARTINEZ MOLINA

Case Summary

On 10/15/2018 JOSE VILLATORO MUNOZ filed a Personal Injury - Motor Vehicle lawsuit against JOSE MARTINEZ MOLINA. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3021

  • Filing Date:

    10/15/2018

  • 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

WENDY CHANG

 

Party Details

Plaintiff

MUNOZ JOSE VILLATORO

Defendant

MOLINA JOSE MARTINEZ

Attorney/Law Firm Details

Plaintiff Attorney

RUBIN MARSHALL LEE

 

Court Documents

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

9/1/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

8/19/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION TO WITHDRAW APPEARANCE BY JOSE MARTINEZ MOLINA

9/10/2019: Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION TO WITHDRAW APPEARANCE BY JOSE MARTINEZ MOLINA

Notice of Ruling - Notice of Ruling

11/5/2019: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion for Order Withdrawing Appearance By Jose Ma...)

11/5/2019: Minute Order - Minute Order (Hearing on Motion for Order Withdrawing Appearance By Jose Ma...)

Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service)

2/4/2020: Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service)

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Failure to File Proof of Service) of 02/04/2020

2/4/2020: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Failure to File Proof of Service) of 02/04/2020

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Non-Jury Trial) of 03/24/2020

3/24/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Non-Jury Trial) of 03/24/2020

Minute Order - Minute Order (Court Order Re: Continuance of Non-Jury Trial)

3/24/2020: Minute Order - Minute Order (Court Order Re: Continuance of Non-Jury Trial)

Summons - Summons on Complaint

10/15/2018: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/15/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

10/15/2018: Complaint - Complaint

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

10/15/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

1 More Documents Available

 

Docket Entries

  • 12/14/2020
  • Hearing12/14/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 12/14/2020
  • Hearing12/14/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 09/01/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

    Read MoreRead Less
  • 09/01/2020
  • DocketReset - Court Unavailable, Non-Jury Trial scheduled for 09/17/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 12/14/2020 08:30 AM

    Read MoreRead Less
  • 09/01/2020
  • DocketReset - Court Unavailable, Order to Show Cause Re: Failure to File Proof of Service /Dismissal scheduled for 09/17/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 12/14/2020 08:30 AM

    Read MoreRead Less
  • 03/24/2020
  • DocketNon-Jury Trial scheduled for 09/17/2020 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 03/24/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service /Dismissal scheduled for 09/17/2020 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 03/24/2020
  • DocketMinute Order (Court Order Re: Continuance of Non-Jury Trial)

    Read MoreRead Less
  • 03/24/2020
  • DocketCertificate of Mailing for (Court Order Re: Continuance of Non-Jury Trial) of 03/24/2020; Filed by: Clerk

    Read MoreRead Less
  • 03/24/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 04/13/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 09/17/2020 08:30 AM

    Read MoreRead Less
12 More Docket Entries
  • 09/10/2019
  • DocketMotion re: NOTICE OF MOTION AND MOTION TO WITHDRAW APPEARANCE BY JOSE MARTINEZ MOLINA; Filed by: Jose Martinez Molina (Defendant); As to: Jose Villatoro Munoz (Plaintiff)

    Read MoreRead Less
  • 09/10/2019
  • DocketHearing on Motion for Order Withdrawing Appearance By Jose Martinez Molina scheduled for 11/05/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 08/19/2019
  • DocketNotice of Posting of Jury Fees; Filed by: Jose Martinez Molina (Defendant)

    Read MoreRead Less
  • 10/22/2018
  • DocketNon-Jury Trial scheduled for 04/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 10/22/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 10/15/2018
  • DocketComplaint; Filed by: Jose Villatoro Munoz (Plaintiff); As to: Jose Martinez Molina (Defendant)

    Read MoreRead Less
  • 10/15/2018
  • DocketCivil Case Cover Sheet; Filed by: Jose Villatoro Munoz (Plaintiff)

    Read MoreRead Less
  • 10/15/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 10/15/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 10/15/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 18STLC13021    Hearing Date: November 05, 2019    Dept: 94

MOTION TO WITHDRAW APPEARANCE

(CCP § 473(b), mandatory)

TENTATIVE RULING:

Defendant Jose Martinez Molina’s Motion to Withdraw Appearance is GRANTED.

ANALYSIS:

I. Background

Ten months after Plaintiff Jose Villatoro Munoz (“Plaintiff”) filed this action against Defendant Jose Martinez Molina (“Defendant”), Defendant’s counsel mistakenly filed a Notice of Posting Jury Fees. Realizing that the Notice constituted a general appearance, Defendant filed instant Motion to Withdraw Appearance (the “Motion”) under CCP § 128 and the mandatory provision of CCP § 473(b)—though, Defendant erroneously cites to subdivision (a) instead of (b) of Section 473.

II. Discussion

“It has been held that a defendant for whom a general appearance has been entered by unauthorized counsel may withdraw from the action upon a sufficient factual showing to overcome the rebuttable presumption that an attorney has authority to appear for the person for whom he professes to act. [Citation.]” (Omega Video Inc. v. Superior Court (1983) 146 Cal.App.3d 470, 476.) “There is a presumption that an attorney has authority to appear for any person for whom he professes to act [citation], but this presumption is disputable [citation].” (Wilson v. Barry (1951) 102 Cal.App.2d 778, 780.)

Defendant’s counsel submits a declaration attesting that because Defendant was not properly served with the Summons and Complaint, it was not his intention to file the Notice of Posting Jury Fees. (Motion, Moscatel Decl ¶ 3.) Rather, the filing was a result of his computer system automatically generated an alert to file the Notice. (Id., Moscatel Decl ¶ 4.) Defendant’s counsel also attests that his client has not given him permission to appear in this action. (Id., Moscatel Decl ¶ 5.) Importantly, Plaintiff has not opposed the Motion. Accordingly, the Court finds that Defendant has met his burden of rebutting the presumption that Defendant’s counsel did not have permission to file the Notice of Posting Jury Fees.

III. Conclusion & Order

The unopposed Motion is GRANTED. The Notice of Posting Jury Fees is hereby STRICKEN from the court record. The $150 in jury fees that was paid is ordered to be returned to Defendant.

Plaintiff has failed to file proof of service of summons and complaint within 60 days of the filing of this action as required by CRC 3.110(b) even though this action was filed more than a year ago. Per CRC 3.110(f), the Court hereby advances the OSC Hearing re: Failure to File Proof of Service of Summons and Complaint to today’s date and continues it to 02/04/2020 at 10:30 a.m. in Department 94.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.