On 09/05/2017 MIGUEL MATA HERNANDEZ filed a Personal Injury - Motor Vehicle lawsuit against RALPH GARCIA LOPEZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
HERNANDEZ MIGUEL MATA
LOPEZ RALPH GARCIA
GLENN SHAMILAH MYIESHA
KECK TIMOTHY JAMES
LY TRINH LE
Court documents are not available for this case.
Hearing03/11/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury TrialRead MoreRead Less
Hearing09/08/2020 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of ServiceRead MoreRead Less
DocketNotice Re: Continuance of Hearing and Order; Filed by: ClerkRead MoreRead Less
DocketReset - Court Unavailable, Non-Jury Trial scheduled for 06/11/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 03/11/2021 08:30 AMRead MoreRead Less
DocketProof of Service - Order Granting Attorney's Motion to be Relieved as Counsel; Filed by: Miguel Mata Hernandez (Plaintiff); As to: Timothy James Keck (Attorney)Read MoreRead Less
DocketNon-Jury Trial scheduled for 06/11/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94Read MoreRead Less
DocketOn the Court's own motion, Non-Jury Trial scheduled for 01/30/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 06/11/2020 08:30 AMRead MoreRead Less
DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: Timothy James Keck (Attorney); As to: Miguel Mata Hernandez (Plaintiff)Read MoreRead Less
DocketMinute Order (Hearing on Motion to be Relieved as Counsel)Read MoreRead Less
DocketHearing on Motion to be Relieved as Counsel scheduled for 12/10/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 12/10/2019; Result Type to Held - Motion GrantedRead MoreRead Less
DocketProof of Service by Substituted Service; Filed by: Miguel Mata Hernandez (Plaintiff); As to: Ralph Garcia Lopez (Defendant); Service Cost: 80.50; Service Cost Waived: NoRead MoreRead Less
DocketAnswer; Filed by: Ralph Garcia Lopez (Defendant)Read MoreRead Less
DocketDemand for Jury Trial; Filed by: Ralph Garcia Lopez (Defendant)Read MoreRead Less
DocketCase assigned to Hon. Elaine Lu in Department 77 Stanley Mosk CourthouseRead MoreRead Less
DocketNon-Jury Trial scheduled for 03/05/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77Read MoreRead Less
DocketOSC - Failure to File Proof of Service scheduled for 09/08/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77Read MoreRead Less
DocketComplaint; Filed by: Miguel Mata Hernandez (Plaintiff); As to: Ralph Garcia Lopez (Defendant)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by: Miguel Mata Hernandez (Plaintiff)Read MoreRead Less
DocketSummons on Complaint; Issued and Filed by: ClerkRead MoreRead Less
DocketNotice of Case Assignment - Limited Civil Case; Filed by: ClerkRead MoreRead Less
Case Number: 17STLC01227 Hearing Date: December 10, 2019 Dept: 94
MOTION TO BE RELIEVED AS COUNSEL
(CCP § 284(2); CRC, rule 3.1362)
For the reasons stated below, Timothy J. Keck’s Motion to be Relieved as Counsel is GRANTED.
On September 5, 2017, Plaintiff Miguel Mata Hernandez (“Plaintiff”) filed a complaint alleging property damage and personal injury in connection with a motor vehicle accident against Defendants (collectively, “Defendants”) Ralph Garcia Lopez and Shamilah Myiesha Glenn through his attorney Timothy J. Keck (“Attorney”). Defendants filed an answer on December 12, 2017.
On February 14, 2019, the Court granted parties’ joint stipulation to continue the trail to August 20, 2019. (2/14/2019 Order.) On July 10, 2019, the Court granted the parties’ joint stipulation to continue the trial, and set trial for October 28, 2019. (7/10/2019 Order.) On August 2, 2019, the Court on its own motion continued the trial to January 30, 2020. (8/2/2019 Minute Order.)
On November 8, 2019, Attorney filed this Notice of Motion and Motion to be Relieved as Counsel (the “Motion”). Attorney seeks to be relieved as Plaintiff’s counsel because a total breakdown of the attorney-client relationship due to a lack of communication. (Form MC-052, Item No. 2.) Attorney sent a letter to Plaintiff with an authorization to dismiss and a Substitution of Attorney Form via regular mail to his last known address on May 17, 2019. (Id.) Attorney again sent a letter with an authorization to dismiss and a Substitution of Attorney Form on June 19, 2019 via regular and certified mail, receipt requested, to his last known address. (Id.) The envelope was returned and marked “Return to Sender – Not Known or Unable to Forward.” (Id., Exhibit C.) Attorney also attempted to have a letter hand-delivered to Plaintiff on July 12, 2019, but was unable to. (Id., Item No. 2.)
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(a), (c) & (e).) The requisite forms must be served “on the client and on all parties that have appeared in the case.” (Id., rule 3.1362(d).)
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:
The service address is the currect residence or business address of the client; or
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 to within 30 days before the filing of the motion to be relieved.
(Cal. Rules of Court, rule 3.1362, subdiv. (1)(A) & (2).) (Italics added.)
Attorney submits his Motion on the required forms, and thus the Court finds that he has satisfied California Rules of Court, rule 3.1362, subsections (a), (c), and (e).
Attorney alleges he has been uable to communicate with his client. Attorney has been unable to reach Plaintiff via telephone number as it no longer appears to be in service. (Id., Item No. 2) He was also unable to run Plaintiff’s driver’s license or identification number through the Department of Motor Vehicles as Plaintiff does not have either form of identification. (Id.) Although trial is scheduled to begin fairly soon, on January 30, 2020, Attorney has repeatedly attempted to communicate with Plaintiff to determine whether Plaintiff wished to continue with his case. (Exhs. A, B, and D.) Thus, the Court is satisfied with Attorney’s reasoning for seeking to be relieved as counsel.
Attorney has attempted to serve the moving papers on Plaintiff by mail at his last known address but has been unable to confirm Plaintiff’s address or locate a more current address (Form MC-052, Item No. 3.) However, it is not clear that Attorney has made an effort ascertain his client’s address within 30 days of filing this motion. This motion was filed on November 8, 2019. From Attorney’s declaration, it appears that his last attempt to locate Plaintiff was on July 12, 2019, approximately 119 days before filing this Motion. (Form MC-052, Item No. 2.)
Accordingly, the unopposed Motion is CONTINUED TOAPRIL 2, 2020 AT 8;30 am in dept. 94.. Attorney is ordered to provide proof of making reasonable efforts to locate a more current address within 30 days before the filing of this motion.
Moving Attorney 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.
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