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 Disposed - Dismissed.
*******3021
10/15/2018
Disposed - Dismissed
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
MUNOZ JOSE VILLATORO
MOLINA JOSE MARTINEZ
RUBIN MARSHALL LEE
12/14/2020: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial; Order to Show Cause Re: Failure to File Proof...) of 12/14/2020
12/14/2020: Minute Order - Minute Order (Non-Jury Trial; Order to Show Cause Re: Failure to File Proof...)
9/1/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
8/19/2019: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees
9/10/2019: Motion re: (name extension) - Motion re: NOTICE OF MOTION AND MOTION TO WITHDRAW APPEARANCE BY JOSE MARTINEZ MOLINA
11/5/2019: Notice of Ruling - Notice of Ruling
11/5/2019: Minute Order - Minute Order (Hearing on Motion for Order Withdrawing Appearance By Jose Ma...)
2/4/2020: Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service)
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
3/24/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of Non-Jury Trial) of 03/24/2020
3/24/2020: Minute Order - Minute Order (Court Order Re: Continuance of Non-Jury Trial)
10/15/2018: Summons - Summons on Complaint
10/15/2018: Civil Case Cover Sheet - Civil Case Cover Sheet
10/15/2018: Complaint - Complaint
10/15/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
DocketOn the Complaint filed by Jose Villatoro Munoz on 10/15/2018, entered Order for Dismissal without prejudice as to the entire action
DocketMinute Order (Non-Jury Trial; Order to Show Cause Re: Failure to File Proof...)
DocketCertificate of Mailing for (Non-Jury Trial; Order to Show Cause Re: Failure to File Proof...) of 12/14/2020; Filed by: Clerk
DocketNon-Jury Trial scheduled for 12/14/2020 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 12/14/2020; Result Type to Held
DocketOrder to Show Cause Re: Failure to File Proof of Service /Dismissal scheduled for 12/14/2020 at 08:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 12/14/2020; Result Type to Held
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
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
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
DocketNon-Jury Trial scheduled for 09/17/2020 at 08:30 AM in Spring Street Courthouse at Department 26
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
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)
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
DocketNotice of Posting of Jury Fees; Filed by: Jose Martinez Molina (Defendant)
DocketNon-Jury Trial scheduled for 04/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
DocketComplaint; Filed by: Jose Villatoro Munoz (Plaintiff); As to: Jose Martinez Molina (Defendant)
DocketCivil Case Cover Sheet; Filed by: Jose Villatoro Munoz (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
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.