This case was last updated from Los Angeles County Superior Courts on 10/30/2020 at 07:37:18 (UTC).

ROBERT WEISSMAN VS ATTACK MARKETING., A DELAWARE LIMITED LIABILITY COMPANY

Case Summary

On 02/11/2019 ROBERT WEISSMAN filed a Labor - Other Labor lawsuit against ATTACK MARKETING , A DELAWARE LIMITED LIABILITY COMPANY. 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:

    *******1507

  • Filing Date:

    02/11/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

WEISSMAN ROBERT

Defendant

ATTACK MARKETING. A DELAWARE LIMITED LIABILITY COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

HALL TIMOTHY A

Defendant Attorney

GILLESPIE RICHARD

 

Court Documents

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

9/30/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

9/28/2020: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application of Richard L. Gillespie

7/9/2020: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application of Richard L. Gillespie

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

7/9/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Declaration (name extension) - Declaration of Richard L. Gillespie in support of Ex parte application for an Order shortening time to hear Motion to be relieved

7/9/2020: Declaration (name extension) - Declaration of Richard L. Gillespie in support of Ex parte application for an Order shortening time to hear Motion to be relieved

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

7/9/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

7/14/2020: 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

7/14/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

7/14/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Opposition (name extension) - Opposition Opposition to Motion to Strike AFs (signed)

7/9/2019: Opposition (name extension) - Opposition Opposition to Motion to Strike AFs (signed)

Reply (name extension) - Reply DEFENDANT ATTACK!MARKETING LLC REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION TO STRIKE PLAINTIFF REQUEST FOR ATTORNEYS FEES

7/15/2019: Reply (name extension) - Reply DEFENDANT ATTACK!MARKETING LLC REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION TO STRIKE PLAINTIFF REQUEST FOR ATTORNEYS FEES

Minute Order - Minute Order (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer)

7/22/2019: Minute Order - Minute Order (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

4/5/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Answer - Answer DEFENDANT ATTACK!MARKETING'S ANSWER TO PLAINTIFF'S COMPLAINT

4/5/2019: Answer - Answer DEFENDANT ATTACK!MARKETING'S ANSWER TO PLAINTIFF'S COMPLAINT

Declaration (name extension) - Declaration Declaration of Richard L Gillespie

4/5/2019: Declaration (name extension) - Declaration Declaration of Richard L Gillespie

Proof of Service by Mail - Proof of Service by Mail

4/5/2019: Proof of Service by Mail - Proof of Service by Mail

Request for Judicial Notice - Request for Judicial Notice

4/5/2019: Request for Judicial Notice - Request for Judicial Notice

Complaint - Complaint

2/11/2019: Complaint - Complaint

19 More Documents Available

 

Docket Entries

  • 02/14/2022
  • Hearing02/14/2022 at 10:30 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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  • 01/27/2021
  • Hearing01/27/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/30/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Attack Marketing., a Delaware limited liability company (Defendant)

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  • 09/30/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Attack Marketing., a Delaware limited liability company (Defendant)

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  • 09/28/2020
  • DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Signed and Filed by: Attack Marketing., a Delaware limited liability company (Defendant); As to: Robert Weissman (Plaintiff)

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  • 09/28/2020
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 09/28/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 09/28/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/28/2020; Result Type to Held - Motion Granted

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  • 07/16/2020
  • DocketOn the Court's own motion, Hearing on Motion to be Relieved as Counsel scheduled for 01/14/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 09/28/2020 10:00 AM

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  • 07/14/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Attack Marketing., a Delaware limited liability company (Defendant); As to: Robert Weissman (Plaintiff)

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  • 07/14/2020
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: Attack Marketing., a Delaware limited liability company (Defendant)

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28 More Docket Entries
  • 04/05/2019
  • DocketHearing on Motion to Strike (not anti-SLAPP) - without Demurrer scheduled for 07/22/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/02/2019
  • DocketProof of Personal Service; Filed by: Robert Weissman (Plaintiff); As to: Attack Marketing., a Delaware limited liability company (Defendant); Service Date: 02/20/2019; Service Cost: 109.50; Service Cost Waived: No

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  • 02/13/2019
  • DocketNon-Jury Trial scheduled for 08/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/13/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/14/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/13/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 02/11/2019
  • DocketComplaint; Filed by: Robert Weissman (Plaintiff); As to: Attack Marketing., a Delaware limited liability company (Defendant)

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  • 02/11/2019
  • DocketSummons on Complaint; Issued and Filed by: Robert Weissman (Plaintiff); As to: Attack Marketing., a Delaware limited liability company (Defendant)

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  • 02/11/2019
  • DocketCivil Case Cover Sheet; Filed by: Robert Weissman (Plaintiff); As to: Attack Marketing., a Delaware limited liability company (Defendant)

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  • 02/11/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/11/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC01507    Hearing Date: September 28, 2020    Dept: 25

HEARING DATE: Mon., September 28, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Weissman v. Attack!Marketing COMPL. FILED: 02-11-19

CASE NUMBER: 19STLC01507 DISC. C/O: 12-28-20

NOTICE: OK DISC. MOT. C/O: 01-12-21

TRIAL DATE: 01-27-21

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Defendant’s Counsel Richard Gillespie

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Defendant’s Counsel Richard Gillespie’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 [Defendant] 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 September 23, 2020 [ ] Late [X] None

REPLY: None filed as of September 23, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On February 11, 2019, Plaintiff Robert Weissman (“Plaintiff”) filed an action for nonpayment of wages and waiting time penalties pursuant to Labor Code section 203 against Defendant Attack!Marketing (“Defendant”). Defendant filed an Answer on April 5, 2019.

On July 14, 2020, Defendant’s counsel Richard Gillespie of Littler Mendelson, P.C. (“Counsel”) 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(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).) (Italics added.)

  1. Discussion

Defendant’s Counsel seeks to be relieved because Defendant can no longer afford representation and has failed to fulfill its duty as a client which has led to an irreparable breakdown in the attorney-client relationship. (MC-052, ¶ 2.) Counsel served Defendant with the Motion, supporting declaration, and proposed order by mail at Defendant’s current address, which was confirmed via email at most 30 days before filing this motion. (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). Importantly, trial is not scheduled until January 27, 2021, giving Defendant sufficient time to seek new representation should it wish to continue defending this action.

  1. Conclusion & Order

For the foregoing reasons, Defendant’s Counsel Richard Gillespie’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 [Defendant] has been filed with the court.” (Id.)

Moving party is ordered to give notice.