This case was last updated from Los Angeles County Superior Courts on 12/12/2020 at 03:12:49 (UTC).

SONYA GOMEZ VS GINA FEY GOMEZ, ET AL.

Case Summary

On 06/13/2019 SONYA GOMEZ filed a Personal Injury - Motor Vehicle lawsuit against GINA FEY GOMEZ. 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:

    *******5628

  • Filing Date:

    06/13/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

GOMEZ SONYA

Defendants

GOMEZ GINA FEY

JONES THOMAS F.

1 TO 50 INCLUSIVE DOES

Attorney/Law Firm Details

Plaintiff Attorney

PACHECO GEORGE B. JR

 

Court Documents

Proof of Service by Mail - Proof of Service by Mail

12/8/2020: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Non-Jury Trial)

12/10/2020: Minute Order - Minute Order (Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 12/10/2020

12/10/2020: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 12/10/2020

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to be Relieved as Counsel) of 07/07/2020

7/7/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to be Relieved as Counsel) of 07/07/2020

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

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

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

7/7/2020: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

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

6/24/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

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

6/24/2020: 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

Proof of Service by Mail - Proof of Service by Mail

6/24/2020: Proof of Service by Mail - Proof of Service by Mail

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

4/16/2020: 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)

2/27/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

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

2/4/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

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

2/4/2020: 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

Summons - Summons on Complaint

6/13/2019: Summons - Summons on Complaint

Complaint - Complaint

6/13/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/13/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

6/13/2019: First Amended Standing Order - First Amended Standing Order

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

6/13/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6 More Documents Available

 

Docket Entries

  • 12/10/2020
  • DocketOn the Complaint filed by Sonya Gomez on 06/13/2019, 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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  • 12/10/2020
  • DocketMinute Order (Non-Jury Trial)

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  • 12/10/2020
  • DocketCertificate of Mailing for (Non-Jury Trial) of 12/10/2020; Filed by: Clerk

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  • 12/10/2020
  • DocketNon-Jury Trial scheduled for 12/10/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 12/10/2020; Result Type to Held

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  • 12/10/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/16/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 12/10/2020

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  • 12/08/2020
  • DocketProof of Service by Mail; Filed by: Sonya Gomez (Plaintiff); As to: Sonya Gomez (Plaintiff)

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  • 07/07/2020
  • DocketUpdated -- Motion to Be Relieved as Counsel: Filed By: George B. Pacheco, Jr (Attorney); Result: Granted; Result Date: 07/07/2020; As To Parties changed from Sonya Gomez (Plaintiff) to Sonya Gomez (Plaintiff)

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  • 07/07/2020
  • DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Signed and Filed by: George B. Pacheco, Jr (Attorney); As to: Sonya Gomez (Plaintiff)

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

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  • 07/07/2020
  • DocketCertificate of Mailing for (Hearing on Motion to be Relieved as Counsel) of 07/07/2020; Filed by: Clerk

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13 More Docket Entries
  • 02/04/2020
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: George B. Pacheco, Jr (Attorney)

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  • 01/21/2020
  • DocketPursuant to the request of moving party, Hearing on Motion to be Relieved as Counsel scheduled for 02/20/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Rescheduled by Party was rescheduled to 02/27/2020 10:30 AM

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  • 06/14/2019
  • DocketNon-Jury Trial scheduled for 12/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/14/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/16/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 06/14/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 06/13/2019
  • DocketComplaint; Filed by: Sonya Gomez (Plaintiff); As to: Gina Fey Gomez (Defendant); Thomas F. Jones (Defendant); Does 1 to 50, Inclusive (Defendant)

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  • 06/13/2019
  • DocketSummons on Complaint; Issued and Filed by: Sonya Gomez (Plaintiff); As to: Gina Fey Gomez (Defendant); Thomas F. Jones (Defendant); Does 1 to 50, Inclusive (Defendant)

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  • 06/13/2019
  • DocketCivil Case Cover Sheet; Filed by: Sonya Gomez (Plaintiff); As to: Gina Fey Gomez (Defendant); Thomas F. Jones (Defendant); Does 1 to 50, Inclusive (Defendant)

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  • 06/13/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/13/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC05628    Hearing Date: February 27, 2020    Dept: 25

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Plaintiff’s Counsel’s Motion to Be Relieved as Counsel is CONTINUED TO APRIL 30, 2020, at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

At least 16 days before the next scheduled hearing, Plaintiff’s Counsel must file and serve supplemental papers correcting the deficiencies as identified herein. Failure to obey the Court’s order may result in the Motion being placed off calendar or denied.

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Plaintiff’s Counsel’s Motion to Be Relieved as Counsel is CONTINUED TO APRIL 30, 2020, at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

At least 16 days before the next scheduled hearing, Plaintiff’s Counsel must file and serve supplemental papers correcting the deficiencies as identified herein. Failure to obey the Court’s order may result in the Motion being placed off calendar or denied.

ANALYSIS:

  1. Background

On June 13, 2019, Plaintiff Sonya Gomez (“Plaintiff”) filed an action for motor vehicle negligence and general negligence against Defendants Gina Fey Jones and Thomas F. Jones (collectively, “Defendants”).

On February 4, 2020, Plaintiff’s Counsel George B. Pacheco (“Plaintiff’s Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”). To date, no opposition or reply briefs have 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 Council 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, subd. (1)(A) & (2).)

  1. Discussion

Plaintiff’s Counsel seeks to be relieved due to an irreconcilable breakdown in the attorney-client relationship. (MC-051, ¶ 3.) Plaintiff’s Counsel further states that despite a number of attempts, Plaintiff’s Counsel’s law firm has been unable to get in contact with Plaintiff regarding her personal injury matter. (Id.)

The Court is satisfied with Plaintiff’s Counsel’s reasons for seeking to be relieved. However, Plaintiff’s Counsel did not file or serve a copy of the Proposed Order, Form MC-053 as required by California Rules of Court, rule 3.1362, subdivision (a). Thus, Plaintiff’s Counsel is ordered to file and serve a copy of the Proposed Order.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel’s Motion to Be Relieved as Counsel is CONTINUED TO APRIL 30, 2020, at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

At least 16 days before the next scheduled hearing, Plaintiff’s Counsel must file and serve supplemental papers correcting the deficiencies as identified herein. Failure to obey the Court’s order may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.