This case was last updated from Los Angeles County Superior Courts on 06/25/2021 at 00:51:05 (UTC).

LAWRENCE MARK VS SURINDER SINGH

Case Summary

On 05/29/2019 LAWRENCE MARK filed a Personal Injury - Uninsured Motor Vehicle lawsuit against SURINDER SINGH. 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 Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5158

  • Filing Date:

    05/29/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

MARK LAWRENCE

Defendant

SINGH SURINDER

Attorney/Law Firm Details

Plaintiff Attorney

ROSENBERG DAVID

 

Court Documents

Declaration (name extension) - Declaration Declaration of David B. Rosenberg

2/11/2020: Declaration (name extension) - Declaration Declaration of David B. Rosenberg

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

4/17/2020: 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

4/21/2020: 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

9/1/2020: 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)

9/23/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Proof of Service by Mail - Proof of Service by Mail

9/24/2020: Proof of Service by Mail - Proof of Service by Mail

Declaration (name extension) - Declaration Declaration of David B. Rosenberg

9/24/2020: Declaration (name extension) - Declaration Declaration of David B. Rosenberg

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

11/10/2020: 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

11/12/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

11/12/2020: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel - Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel

11/16/2020: Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel - Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel

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

5/29/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

5/29/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

5/29/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

5/29/2019: Summons - Summons on Complaint

3 More Documents Available

 

Docket Entries

  • 06/23/2021
  • DocketOn the Complaint filed by Lawrence Mark on 05/29/2019, entered Order for Dismissal without prejudice as to the entire action, pursuant to Code of Civil Procedure Section 581(b)(3)

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  • 06/23/2021
  • DocketMinute Order (Non-Jury Trial)

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  • 06/23/2021
  • DocketCertificate of Mailing for (Non-Jury Trial) of 06/23/2021; Filed by: Clerk

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  • 06/23/2021
  • DocketNon-Jury Trial scheduled for 06/23/2021 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 06/23/2021; Result Type to Held

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  • 06/23/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/01/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 06/23/2021

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  • 11/16/2020
  • DocketProof of Service - Order Granting Attorney's Motion to be Relieved as Counsel; Filed by: David Rosenberg (Attorney); As to: Lawrence Mark (Plaintiff)

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  • 11/12/2020
  • DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Signed and Filed by: David Rosenberg (Attorney); As to: Lawrence Mark (Plaintiff)

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  • 11/12/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 11/12/2020
  • DocketThere being no judge available this date, Non-Jury Trial scheduled for 11/25/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 06/23/2021 08:30 AM

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  • 11/10/2020
  • DocketUpdated -- Motion to Be Relieved as Counsel: Filed By: David Rosenberg (Attorney); Result: Granted; Result Date: 11/10/2020

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10 More Docket Entries
  • 04/17/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 04/22/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 04/17/2020
  • DocketMotion to Be Relieved as Counsel; Filed by: Attorney; As to: Lawrence Mark (Plaintiff)

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  • 02/11/2020
  • DocketDeclaration Declaration of David B. Rosenberg; Filed by: Lawrence Mark (Plaintiff)

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  • 05/29/2019
  • DocketComplaint; Filed by: Lawrence Mark (Plaintiff); As to: Surinder Singh (Defendant)

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  • 05/29/2019
  • DocketSummons on Complaint; Issued and Filed by: Lawrence Mark (Plaintiff); As to: Surinder Singh (Defendant)

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  • 05/29/2019
  • DocketCivil Case Cover Sheet; Filed by: Lawrence Mark (Plaintiff); As to: Surinder Singh (Defendant)

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  • 05/29/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/29/2019
  • DocketNon-Jury Trial scheduled for 11/25/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/29/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/01/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/29/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 19STLC05158    Hearing Date: November 10, 2020    Dept: 25

HEARING DATE: Tue., November 10, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Mark v. Singh COMPL. FILED: 05-29-19

CASE NUMBER: 19STLC05158 DISC. C/O: 10-26-20

NOTICE: OK DISC. MOT. C/O: 11-10-20

TRIAL DATE: 11-25-20

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Plaintiff’s Counsel David Rosenberg

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Plaintiff’s Counsel David Rosenberg’s Motion to be Relieved as Counsel is GRANTED and 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.)

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 November 6, 2020 [ ] Late [X] None

REPLY: None filed as of November 6, 2020 [ ] Late [X] None

ANALYSIS:

I. Background

On May 29, 2019, Plaintiff Lawrence Mark (“Plaintiff”) filed this action for general negligence and motor vehicle negligence against Surinder Singh (“Defendant”). Plaintiff has not yet filed a proof of service demonstrating Defendant has been served with the Summons and Complaint.

On April 17, 2020, Plaintiff’s Counsel David Rosenberg (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”). On its own motion, the Court continued the hearing to September 8, 2020 and then to September 23, 2020 at 10:30 a.m. (4/21/20 Notice re Continuance of Hearing and Order; 9/1/20 Notice re Continuance of Hearing and Order.) On September 23, 2020, the Court continued the hearing because Plaintiff’s Counsel did not file a proof of service for the Motion or the continuances. (9/23/20 Minute Order.)

Plaintiff’s counsel filed a proof of service and supplemental declaration on September 24, 2020. To date, no opposition has been filed.

II. 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).)

III. Discussion

Plaintiff’s Counsel seeks to be relieved due to a complete breakdown in the attorney/client relationship. (MC-052, ¶ 2.) Specifically, Counsel states he has made numerous unsuccessful attempts to contact Plaintiff via telephone, mail, and e-mail. (Id.) Counsel also sent correspondence to Plaintiff’s employer and asked a third party to inform Plaintiff that Counsel was trying to reach him. (Id.) Counsel served this Motion on Plaintiff at his last known address, which Counsel was unable to confirm was still current despite mailing the moving papers with a return receipt requested, calling Plaintiff’s last known phone number, and contacting persons familiar with Plaintiff. (Id. at ¶ 3.)

The Court is satisfied with Counsel’s reasons for seeking to be relieved and finds that he has satisfied the requirements of California Rules of Court, rule 3.1362, subdivision (a) and (c)-(e). Although trial is scheduled for November 25, 2020, Plaintiff’s Counsel’s evidence demonstrates he has attempted to contact Plaintiff since at least September 23, 2019. (MC-052, ¶ 2.) In addition, Plaintiff has not filed an opposition. Accordingly, the Motion is GRANTED.

IV. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel David Rosenberg’s Motion to be Relieved as Counsel is GRANTED and 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.)

Moving party is ordered to give notice.

Case Number: 19STLC05158    Hearing Date: September 23, 2020    Dept: 25

HEARING DATE:   Wed., September 23, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Mark v. Singh COMPL. FILED: 05-29-19

CASE NUMBER: 19STLC05158 DISC. C/O: 10-26-20

NOTICE:   NO DISC. MOT. C/O:    11-10-20

TRIAL DATE: 11-25-20

PROCEEDINGS    MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:   Plaintiff’s Counsel David Rosenberg

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Plaintiff’s Counsel David Rosenberg’s Motion to be Relieved as Counsel is CONTINUED TO NOV 10, 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 September 21, 2020  [   ] Late [X] None

REPLY: None filed as of September 21, 2020  [   ] Late [X] None

ANALYSIS:

  1. Background

On May 29, 2019, Plaintiff Lawrence Mark (“Plaintiff”) filed this action for general negligence and motor vehicle negligence against Surinder Singh (“Defendant”). Plaintiff has not yet filed a proof of service demonstrating Defendant has been served with the Summons and Complaint.

On April 17, 2020, Plaintiff’s Counsel David Rosenberg (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”). On its own motion, the Court continued the hearing to September 8, 2020 and then to September 23, 2020 at 10:30 a.m. (4/21/20 Notice re Continuance of Hearing and Order; 9/1/20 Notice re Continuance of Hearing and Order.)

No opposition has been filed.

  1. Legal Standard

(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.

  1. Discussion

Jones v. Otero

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel David Rosenberg’s Motion to be Relieved as Counsel is CONTINUED TO NOV 10, 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.