This case was last updated from Los Angeles County Superior Courts on 06/10/2021 at 00:07:06 (UTC).

KARINA PARADA VS JEFFREY DAVIS

Case Summary

On 06/05/2018 KARINA PARADA filed a Personal Injury - Motor Vehicle lawsuit against JEFFREY DAVIS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8065

  • Filing Date:

    06/05/2018

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

PARADA KARINA

Defendant

DAVIS JEFFREY

Attorney/Law Firm Details

Plaintiff Attorney

RABIEIAN DEBORA

 

Court Documents

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

1/24/2020: 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

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

1/24/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

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

3/20/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

5/4/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

7/21/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Request for Dismissal - Request for Dismissal

9/24/2020: Request for Dismissal - Request for Dismissal

Notice of Settlement - Notice of Settlement

11/26/2019: Notice of Settlement - Notice of Settlement

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

11/27/2019: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Summons - on Complaint

6/5/2018: Summons - on Complaint

Complaint

6/5/2018: Complaint

Civil Case Cover Sheet

6/5/2018: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

6/5/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 09/24/2020
  • DocketOn the Complaint filed by Karina Parada on 06/05/2018, entered Request for Dismissal without prejudice filed by Karina Parada as to Jeffrey Davis

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  • 09/24/2020
  • DocketAddress for Debora Rabieian (Attorney) null

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  • 09/24/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 10/13/2020 at 11:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/24/2020

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  • 09/24/2020
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 04/21/2021 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/24/2020

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  • 07/21/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 10/13/2020 at 11:00 AM in Spring Street Courthouse at Department 25

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  • 07/21/2020
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 07/21/2020
  • DocketOn the Court's own motion, Hearing on Motion to be Relieved as Counsel scheduled for 07/21/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 10/13/2020 11:00 AM

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  • 05/04/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 05/04/2020
  • DocketOn the Court's own motion, Order to Show Cause - Hearing re: Dismissal Date scheduled for 08/19/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 04/21/2021 09:30 AM

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  • 03/20/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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9 More Docket Entries
  • 11/27/2019
  • DocketUpdated -- Notice of Settlement: As To Parties: removed

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  • 11/26/2019
  • DocketNotice of Settlement; Filed by: Karina Parada (Plaintiff); Vacate Future Dates: No; Settlement Type: Unconditional; Set Hearing and Generate Notice?: No

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 06/05/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/05/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 06/05/2018
  • DocketCivil Case Cover Sheet; Filed by: Karina Parada (Plaintiff)

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  • 06/05/2018
  • DocketComplaint; Filed by: Karina Parada (Plaintiff); As to: Jeffrey Davis (Defendant)

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  • 06/05/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 06/05/2018
  • DocketNon-Jury Trial scheduled for 12/03/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/05/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 06/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC08065    Hearing Date: July 21, 2020    Dept: 25

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Plaintiff’s Counsel Michael P. Hollomon, Jr.’s Motion to be Relieved as Counsel is CONTINUED TO OCTOBER 13, 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:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of July 17, 2020 [ ] Late [X] None

REPLY: None filed as of July 17, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On June 5, 2018, Plaintiff Karina Parada (“Plaintiff”) filed an action for motor vehicle negligence and general negligence against Defendant Jeffrey Davis (“Defendant”).

On November 26, 2019, Plaintiff filed a Notice of Settlement of the Entire Case. It indicated that the parties reached a conditional settlement and that a request for dismissal would be filed no later than November 26, 2020. (11/26/19 Notice of Settlement.) To date, a request for dismissal has not been filed.

On January 24, 2020, Plaintiff’s Counsel Michael P. Hollomon Jr. (“Counsel”) with Pacific Attorney Group filed the instant Motion to be Relieved as Counsel (the “Motion”). 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, 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, subds. (1)(A) & (2).)

  1. Discussion

Defendant’s Counsel seeks to be relieved due to a breakdown in communication between attorney and client. (MC-052, ¶ 2.) Counsel states that he served a copy of this Motion on Plaintiff at her last known address. (Id. at ¶ 3, subd. (a).) Because Counsel served the Motion at Plaintiff’s last known address, he should have indicated whether he confirmed the address was current at most 30 days before filing this Motion or indicated that he was unable to confirm the address was current despite his efforts. (Id. at ¶ 3, subd. (b).) However, Counsel did not do so.

In addition, Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order) all indicate that that the hearing will take place in Department 94 of the Stanley Mosk Courthouse at 111 North Hill Street, Los Angeles, CA 90012. Should Plaintiff wish to oppose this Motion or attend this hearing, she will be unable to as the address and department number are incorrect.

Furthermore, Counsel did not include a proof of service demonstrating all parties were properly served with the moving papers as required by California Rules of Court, rule 3.1362, subdivision (d).

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel Michael P. Hollomon, Jr.’s Motion to be Relieved as Counsel is CONTINUED TO OCTOBER 13, 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.

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