This case was last updated from Los Angeles County Superior Courts on 11/28/2021 at 02:14:38 (UTC).

KAREN SMILEY, ET AL. VS EDUARDO SALCEDO

Case Summary

On 11/02/2020 KAREN SMILEY filed a Personal Injury - Motor Vehicle lawsuit against EDUARDO SALCEDO. 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:

    *******9217

  • Filing Date:

    11/02/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiffs

SMILEY DONALD

SMILEY KAREN

SMILEY LARHONDA

SMILEY CORSHIA

SMILEY CHARLES

SMILEY ANTHONY

Defendant

SALCEDO EDUARDO

Attorney/Law Firm Details

Defendant Attorney

YOUNG SARA

Other Attorneys

GREEN WILLIAM WARREN

 

Court Documents

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

11/2/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

11/2/2020: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

11/2/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

11/2/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

11/2/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

11/2/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Answer - Answer

2/16/2021: Answer - Answer

Demand for Jury Trial - Demand for Jury Trial

2/16/2021: Demand for Jury Trial - Demand for Jury Trial

Proof of Service by Substituted Service - Proof of Service by Substituted Service

1/8/2021: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

7/14/2021: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Proof of Service by Mail - Proof of Service by Mail

7/14/2021: Proof of Service by Mail - Proof of Service by Mail

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

7/14/2021: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Notice (name extension) - Notice OF CHANGE OF COURT'S ADDRESS IN RE TO MOTION TO BE RELIEVED AS COUNSEL

11/10/2021: Notice (name extension) - Notice OF CHANGE OF COURT'S ADDRESS IN RE TO MOTION TO BE RELIEVED AS COUNSEL

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

11/15/2021: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Notice (name extension) - Notice OF CONTINUANCE OF MOTION TO BE RELIEVED AS COUNSEL

11/12/2021: Notice (name extension) - Notice OF CONTINUANCE OF MOTION TO BE RELIEVED AS COUNSEL

3 More Documents Available

 

Docket Entries

  • 11/06/2023
  • Hearing11/06/2023 at 08:30 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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  • 05/02/2022
  • Hearing05/02/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 12/14/2021
  • Hearing12/14/2021 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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  • 11/15/2021
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 12/14/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 11/15/2021
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 11/15/2021
  • DocketOn the Court's own motion, Hearing on Motion to be Relieved as Counsel scheduled for 11/15/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 12/14/2021 10:00 AM

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  • 11/12/2021
  • DocketNotice OF CONTINUANCE OF MOTION TO BE RELIEVED AS COUNSEL; Filed by: KAREN SMILEY (Plaintiff); As to: KAREN SMILEY (Plaintiff); CHARLES SMILEY (Plaintiff); LARHONDA SMILEY (Plaintiff) et al.

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  • 11/10/2021
  • DocketNotice OF CHANGE OF COURT'S ADDRESS IN RE TO MOTION TO BE RELIEVED AS COUNSEL; Filed by: KAREN SMILEY (Plaintiff); As to: KAREN SMILEY (Plaintiff); CHARLES SMILEY (Plaintiff); LARHONDA SMILEY (Plaintiff) et al.

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  • 07/14/2021
  • DocketMotion to Be Relieved as Counsel; Filed by: Attorney; As to: William Warren Green (Attorney); KAREN SMILEY (Plaintiff); CHARLES SMILEY (Plaintiff) et al.

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  • 07/14/2021
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: William Warren Green (Attorney); KAREN SMILEY (Plaintiff); CHARLES SMILEY (Plaintiff); LARHONDA SMILEY (Plaintiff); ANTHONY SMILEY (Plaintiff); DONALD SMILEY (Plaintiff); CORSHIA SMILEY (Plaintiff)

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4 More Docket Entries
  • 01/08/2021
  • DocketProof of Service by Substituted Service; Filed by: KAREN SMILEY (Plaintiff); As to: EDUARDO SALCEDO (Defendant); Proof of Mailing Date: 01/02/2021; Service Cost: 100.95; Service Cost Waived: No

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  • 11/02/2020
  • DocketNon-Jury Trial scheduled for 05/02/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 11/02/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/06/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 11/02/2020
  • DocketComplaint; Filed by: KAREN SMILEY (Plaintiff); CHARLES SMILEY (Plaintiff); LARHONDA SMILEY (Plaintiff); ANTHONY SMILEY (Plaintiff); DONALD SMILEY (Plaintiff); CORSHIA SMILEY (Plaintiff); As to: EDUARDO SALCEDO (Defendant)

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  • 11/02/2020
  • DocketCivil Case Cover Sheet; Filed by: KAREN SMILEY (Plaintiff); CHARLES SMILEY (Plaintiff); LARHONDA SMILEY (Plaintiff); ANTHONY SMILEY (Plaintiff); DONALD SMILEY (Plaintiff); CORSHIA SMILEY (Plaintiff); As to: EDUARDO SALCEDO (Defendant)

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  • 11/02/2020
  • DocketCivil Case Cover Sheet; Filed by: KAREN SMILEY (Plaintiff); CHARLES SMILEY (Plaintiff); LARHONDA SMILEY (Plaintiff); ANTHONY SMILEY (Plaintiff); DONALD SMILEY (Plaintiff); CORSHIA SMILEY (Plaintiff); As to: EDUARDO SALCEDO (Defendant)

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  • 11/02/2020
  • DocketSummons on Complaint; Issued and Filed by: KAREN SMILEY (Plaintiff); CHARLES SMILEY (Plaintiff); LARHONDA SMILEY (Plaintiff); ANTHONY SMILEY (Plaintiff); DONALD SMILEY (Plaintiff); CORSHIA SMILEY (Plaintiff); As to: EDUARDO SALCEDO (Defendant)

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  • 11/02/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/02/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/02/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

b'

Case Number: 20STLC09217 Hearing Date: November 15, 2021 Dept: 25

PROCEEDINGS: MOTION TO BE RELIEVED AS\r\nCOUNSEL

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MOVING PARTY: Plaintiffs’ Counsel Michael\r\nP. O’Sullivan

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RESP. PARTY: None

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MOTION TO BE RELIEVED AS COUNSEL

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(CCP § 284(2); CRC rule 3.162)

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TENTATIVE RULING:

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Plaintiffs’ Counsel Michael P. O’Sullivan’s\r\nMotion to be Relieved as Counsel is CONTINUED TO DECEMBER 14, 2021 at 10:00\r\na.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days\r\nbefore the next scheduled hearing, Counsel must file supplemental papers correcting\r\nthe errors noted herein. Failure to do so may result in the Motion being placed\r\noff calendar or denied.

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SERVICE:

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[X] Proof of Service Timely Filed (CRC,\r\nrule 3.1300) OK

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[X] Correct Address (CCP §§ 1013, 1013a)\r\n OK

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[X] 16/21 Court Days Lapsed (CCP §§ 12c,\r\n1005(b)) OK

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OPPOSITION: None\r\nfiled as of November 10, 2021 [ ] Late [X] None

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REPLY: None\r\nfiled as of November 10, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground

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On November 2, 2020, Plaintiffs\r\nKaren Smiley, Charles Smiley, Larhonda Smiley, Anthony Smiley, Donald Smiley,\r\nand Corshia Smiley (collectively, “Plaintiffs”), as successors-in-interest to\r\ndecedent Pearlie Jones, filed an action against Defendant Eduardo Salcedo\r\n(“Defendant”). Defendant filed an Answer on February 16, 2021.

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Plaintiffs’ Counsel Michael P.\r\nO’Sullivan with the Law Offices of William W. Green and Associates (“Counsel”)\r\nfiled the instant Motion to be Relieved as Counsel (the “Motion”) on July 14,\r\n2021. No opposition was filed.

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II. \r\nLegal Standard

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The court may\r\norder that an attorney be changed or substituted at any time before or after\r\njudgment or final determination upon request by either client or attorney and\r\nafter notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The\r\ndetermination whether to grant or deny a motion to withdraw as counsel lies\r\nwithin the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128,\r\n1133.) An application to be relieved as counsel must be made on Judicial\r\nCounsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and\r\nMC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c),\r\n(e).)

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In\r\naddition, California Rules of Court, rule 3.1362 subsection (d) requires that\r\nthe notice of motion and motion, declaration, and proposed order be served on\r\nthe client and all other parties who have appeared in the case by personal\r\nservice, electronic service, or mail. If the notice is served by mail, it must\r\nbe accompanied by a declaration stating facts showing that either:

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(A)\r\nThe service address is the current residence or business address of the client;\r\nor

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(B) The\r\nservice address is the last known residence or business address of the client\r\nand the attorney has been unable to locate a more current address after making\r\nreasonable efforts to do so within 30 days before the filing of the motion to\r\nbe relieved.

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(Cal. Rules of Court, rule 3.1362, subd. (1)(A) &\r\n(2).)

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III. \r\nDiscussion

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Counsel seeks to be relieved from\r\nrepresenting all Plaintiffs because their conduct has rendered it unreasonably\r\ndifficult to carry out representation effectively, because Plaintiffs do not\r\ncommunicate with Counsel, and because Plaintiffs are not cooperative. (MC-052,\r\n¶ 2.) Counsel states the Motion was served via regular mail at Plaintiffs’ last\r\nknown addresses which were confirmed as current via telephone at most 30 days\r\nbefore filing the Motion. (Id. at ¶ 3.)

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The Court is satisfied with\r\nCounsel’s reasons for seeking to be relieved. However, the moving papers all\r\nincorrectly list the address for this Court as 111 N. Hill St., Los Angeles, CA\r\n90012 instead of 312 N. Spring St., Los Angeles, CA 90012. Should Plaintiffs\r\nwish to appear and oppose this Motion, they will be unable to do so. The\r\nproposed order also incorrectly states that trial will take place in Department\r\n25 at 111 N. Hill St., Los Angeles, CA 90012. (MC-053, ¶ 9.) Counsel is ordered\r\nto correct these errors.

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IV. \r\nConclusion & Order

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For the\r\nforegoing reasons, Plaintiffs’ Counsel\r\nMichael P. O’Sullivan’s Motion to be Relieved as Counsel is CONTINUED TO\r\nDECEMBER 14, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET\r\nCOURTHOUSE. At least 16 court days before the next scheduled hearing, Counsel\r\nmust file supplemental papers correcting the errors noted herein. Failure to do\r\nso may result in the Motion being placed off calendar or denied.

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Plaintiffs’ Counsel\r\nis ordered to give notice to all parties.

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