This case was last updated from Los Angeles County Superior Courts on 10/29/2020 at 01:44:47 (UTC).

SHEILA AGUILAR RINCON VS NOELLE LASHAVE MILLINER, ET AL.

Case Summary

On 10/02/2018 SHEILA AGUILAR RINCON filed a Personal Injury - Motor Vehicle lawsuit against NOELLE LASHAVE MILLINER. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2365

  • Filing Date:

    10/02/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

RINCON SHEILA AGUILAR

Defendants

MILLINER NOELLE LASHAVE

U.S. TRADE & EXPORT INC.

JABI KHALED HISHAM

FERGERSON DETRIC JEROME

Attorney/Law Firm Details

Plaintiff Attorney

GUERRERO DANIEL ARMAND

 

Court Documents

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

10/27/2020: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Minute Order - Minute Order (Court Order Re: Notice of Continued Hearing)

10/5/2020: Minute Order - Minute Order (Court Order Re: Notice of Continued Hearing)

Proof of Service by Mail - Proof of Service by Mail

10/6/2020: Proof of Service by Mail - Proof of Service by Mail

Proof of Service by Mail - Proof of Service by Mail

6/10/2020: Proof of Service by Mail - Proof of Service by Mail

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

6/10/2020: 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

Minute Order - Minute Order (Court Order Re: Non-Jury Trial)

7/17/2020: Minute Order - Minute Order (Court Order Re: Non-Jury Trial)

Minute Order - Minute Order (Court Order Re: Motion to be relieved as Counsel)

7/17/2020: Minute Order - Minute Order (Court Order Re: Motion to be relieved as Counsel)

Proof of Service by Mail - Proof of Service by Mail

7/22/2020: Proof of Service by Mail - Proof of Service by Mail

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

3/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Personal Service - Proof of Personal Service

12/28/2018: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

12/28/2018: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Amended Complaint (1st)

11/1/2018: Summons - Summons on Amended Complaint (1st)

Complaint - (Amended)

11/1/2018: Complaint - (Amended)

Civil Case Cover Sheet

10/2/2018: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

10/2/2018: Notice of Case Assignment - Limited Civil Case

14 More Documents Available

 

Docket Entries

  • 10/27/2020
  • DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Signed and Filed by: Daniel Armand Guerrero (Attorney); As to: Sheila Aguilar Rincon (Plaintiff)

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  • 10/27/2020
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 10/27/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 10/27/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/27/2020; Result Type to Held - Motion Granted

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  • 10/06/2020
  • DocketProof of Service by Mail; Filed by: Sheila Aguilar Rincon (Plaintiff); As to: Sheila Aguilar Rincon (Plaintiff)

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  • 10/05/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 10/27/2020 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 10/05/2020
  • DocketMinute Order (Court Order Re: Notice of Continued Hearing)

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  • 10/05/2020
  • DocketCertificate of Mailing for (Court Order Re: Notice of Continued Hearing) of 10/05/2020; Filed by: Clerk

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  • 10/05/2020
  • DocketOn the Court's own motion, Hearing on Motion to be Relieved as Counsel scheduled for 10/08/2020 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 10/27/2020 10:00 AM

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  • 07/22/2020
  • DocketProof of Service by Mail; Filed by: Sheila Aguilar Rincon (Plaintiff); As to: Sheila Aguilar Rincon (Plaintiff)

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  • 07/17/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 10/08/2020 at 09:30 AM in Spring Street Courthouse at Department 25

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18 More Docket Entries
  • 12/28/2018
  • DocketProof of Personal Service; Filed by: Sheila Aguilar Rincon (Plaintiff); As to: U.S. Trade & Export, Inc. (Defendant); Service Date: 10/18/2018; Service Cost: 65.00; Service Cost Waived: No

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  • 11/01/2018
  • DocketAmended Complaint (1st); Filed by: Sheila Aguilar Rincon (Plaintiff); As to: Noelle Lashave Milliner (Defendant); Khaled Hisham Jabi (Defendant); U.S. Trade & Export, Inc. (Defendant) et al.

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  • 11/01/2018
  • DocketSummons on Amended Complaint (1st); Issued and Filed by: Clerk

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  • 10/02/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/05/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/02/2018
  • DocketNon-Jury Trial scheduled for 04/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/02/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 10/02/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/02/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/02/2018
  • DocketCivil Case Cover Sheet; Filed by: Sheila Aguilar Rincon (Plaintiff)

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  • 10/02/2018
  • DocketComplaint; Filed by: Sheila Aguilar Rincon (Plaintiff); As to: Noelle Lashave Milliner (Defendant); Khaled Hisham Jabi (Defendant); U.S. Trade & Export, Inc. (Defendant)

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Tentative Rulings

Case Number: 18STLC12365    Hearing Date: October 27, 2020    Dept: 25

HEARING DATE: Tue., October 27, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Rincon v. Milliner, et al. COMPL. FILED: 10-02-18

CASE NUMBER: 18STLC12365 DISC. C/O: NONE

NOTICE: OK DISC. MOT. C/O: NONE

TRIAL DATE: NOT SET

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Plaintiff’s Counsel Daniel Guerrero

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Plaintiff’s Counsel Daniel Guerrero’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 October 23, 2020 [ ] Late [X] None

REPLY: None filed as of October 23, 3030 [ ] Late [X] None

ANALYSIS:

  1. Background

On October 2, 2018, Plaintiff Sheila Aguilar Rincon (“Plaintiff”) filed an action against Defendants Noelle Milliner (“Milliner”), Khaled Hisham Jabi, and U.S. Trade & Export, Inc. (“U.S. Trade”) for motor vehicle negligence. Plaintiff filed a First Amended Complaint against Defendants Milliner, Detric Jerome Fergerson (“Fergerson”), and U.S. Trade on November 11, 2018. Default was entered as to Defendant Fergerson on January 3, 2019. No other party has appeared in this action.

On June 10, 2020, Plaintiff’s Counsel Daniel Guerrero (“Counsel”) with the law firm Guerrero & Chan, LP 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).)

  1. Discussion

Plaintiff’s Counsel seeks to be relieved because the attorney-client relationship has completely broken down and cannot be re-established. (MC-052, ¶ 2.) Specifically, Counsel explains that Plaintiff has not responded to any form of communication with his office. (Id.) He further states that he has made several attempts to call Plaintiff at her last known phone number, that he sent Plaintiff an email on May 13, 2020, and that he sent a follow-up letter via certified mail, return receipt requested, on May 19, 2020. (Id.) Counsel served Plaintiff with this Motion, supporting declaration, and proposed order via mail at Plaintiff’s last known address, which was confirmed as current at most 30 days before this Motion was filed. (Id. at ¶ 3(b).)

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 has not yet been rescheduled, giving Plaintiff sufficient time to obtain new counsel should she wish to continue prosecuting this action.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel Daniel Guerrero’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.)

Plaintiff’s Counsel is ordered to give notice.