This case was last updated from Los Angeles County Superior Courts on 10/21/2020 at 00:47:30 (UTC).

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY VS SANDRA EVELINA HERRERA

Case Summary

On 08/10/2018 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY filed a Personal Injury - Motor Vehicle lawsuit against SANDRA EVELINA HERRERA. 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:

    *******0500

  • Filing Date:

    08/10/2018

  • 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

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Defendants

HERRERA SANDRA EVELINA

MEJIA ALBARO

Attorney/Law Firm Details

Plaintiff Attorney

BENSON SUSAN MARY

Defendant Attorney

COLE ONICA VALLE

 

Court Documents

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

9/30/2020: 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

9/30/2020: Proof of Service by Mail - Proof of Service by Mail

Notice (name extension) - Notice MINUTE ORDER FROM 08-04-2020

9/30/2020: Notice (name extension) - Notice MINUTE ORDER FROM 08-04-2020

Notice (name extension) - Notice Defendant's Notice of Taking Motion to be Relieved Off-Calendar

10/6/2020: Notice (name extension) - Notice Defendant's Notice of Taking Motion to be Relieved Off-Calendar

Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

7/1/2020: Notice of Posting of Jury Fees - Notice of Posting of Jury Fees

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to be Relieved as Counsel) of 08/04/2020

8/4/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to be Relieved as Counsel) of 08/04/2020

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

8/4/2020: 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

3/27/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Demand for Jury Trial - Demand for Jury Trial

9/6/2019: Demand for Jury Trial - Demand for Jury Trial

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

1/17/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 02/06/2020

2/6/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 02/06/2020

Minute Order - Minute Order (Court Order)

2/6/2020: Minute Order - Minute Order (Court Order)

Answer - Answer

1/4/2019: Answer - Answer

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

5/21/2019: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Proof of Service by Substituted Service - Proof of Service by Substituted Service

11/27/2018: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Civil Case Cover Sheet

8/10/2018: Civil Case Cover Sheet

Complaint

8/10/2018: Complaint

Notice of Case Assignment - Limited Civil Case

8/10/2018: Notice of Case Assignment - Limited Civil Case

15 More Documents Available

 

Docket Entries

  • 08/13/2021
  • Hearing08/13/2021 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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  • 01/11/2021
  • Hearing01/11/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 10/13/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 10/19/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/13/2020

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  • 10/06/2020
  • DocketNotice Defendant's Notice of Taking Motion to be Relieved Off-Calendar; Filed by: Sandra Evelina Herrera (Defendant); Albaro Mejia (Defendant); As to: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 09/30/2020
  • DocketMotion to Be Relieved as Counsel; Filed by: Attorney; As to: ONICA VALLE COLE (Attorney)

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  • 09/30/2020
  • DocketProof of Service by Mail; Filed by: Sandra Evelina Herrera (Defendant); Albaro Mejia (Defendant); As to: Sandra Evelina Herrera (Defendant); Albaro Mejia (Defendant)

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  • 09/30/2020
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: Sandra Evelina Herrera (Defendant); Albaro Mejia (Defendant)

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  • 09/30/2020
  • DocketNotice MINUTE ORDER FROM 08-04-2020; Filed by: Sandra Evelina Herrera (Defendant); Albaro Mejia (Defendant); As to: Sandra Evelina Herrera (Defendant); Albaro Mejia (Defendant)

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  • 08/04/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 10/19/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 08/04/2020
  • DocketCertificate of Mailing for (Hearing on Motion to be Relieved as Counsel) of 08/04/2020; Filed by: Clerk

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23 More Docket Entries
  • 01/04/2019
  • DocketAnswer; Filed by: Sandra Evelina Herrera (Defendant)

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  • 12/18/2018
  • DocketDemand for Jury Trial; Filed by: Sandra Evelina Herrera (Defendant)

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  • 11/27/2018
  • DocketProof of Service by Substituted Service; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Sandra Evelina Herrera (Defendant); Proof of Mailing Date: 11/12/18; Service Cost: 95.50; Service Cost Waived: No

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  • 08/10/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/10/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/10/2018
  • DocketCivil Case Cover Sheet; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff)

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  • 08/10/2018
  • DocketComplaint; Filed by: State Farm Mutual Automobile Insurance Company (Plaintiff); As to: Sandra Evelina Herrera (Defendant)

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  • 08/10/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 08/10/2018
  • DocketNon-Jury Trial scheduled for 02/07/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/10/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 08/13/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC10500    Hearing Date: August 04, 2020    Dept: 25

HEARING DATE: Tue., August 4, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: State Farm Automobile Insurance Co. v. Herrera

CASE NUMBER: 18STLC10500 COMP. FILED: 08-10-18

NOTICE: NO DISC. C/O: 12-12-20

MOTION C/O: 12-27-20

TRIAL DATE: 01-11-21

PROCEEDINGS: MOTION TO WITHDRAW AS ATTORNEY OF RECORD FOR ALBARO MEJIA

MOVING PARTY: Defendant Albaro Mejia’s Counsel Onica Cole

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.162)

TENTATIVE RULING:

Defendant’s Counsel Onica Cole’s motion to be relieved as counsel is CONTINUED TO October 19, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, 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 July 31, 2020 [ ] Late [X] None

REPLY: None filed as of July 31, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On August 10, 2018, Plaintiff State Farm Mutual Automobile Insurance Company (“Plaintiff”) filed a complaint for damages against Defendant Sandra Evelia Herrera (“Herrera”). On January 4, 2019, Defendant Herrera filed an Answer.

On May 21, 2019, Plaintiff filed an amendment to the Complaint, substituting Defendant Albaro Mejia (“Mejia”) for Doe 1, and on September 6, 2019, Defendant Mejia filed his Answer.

On January 17, 2020, Defendant Herrera’s Counsel Onica Cole (“Counsel”) filed the instant Motion to Withdraw as Attorney of Record for Albaro Mejia (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, 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, subds. (a), (c), (e).) (Emphasis added.)

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 Mejia’s Counsel seeks to be relieved due to an inability to contact Defendant Mejia and a conflict of interest. (Mot., p. 2:1-2.)

First, the Court notes that the Motion was not filed using mandatory Forms MC-051, MC-052, and MC-053. (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).) In addition, Counsel’s attached proof of service demonstrates that the Motion was only served on Plaintiff’s counsel, but not on Defendant Herrera himself. As noted above, the Motion must be served on all parties who have appeared in the action, including Counsel’s client. (Cal. Rules of Court, rule 3.1362, subd. (d).)

  1. Conclusion & Order

For the foregoing reasons, Defendant’s Counsel Onica Cole’s motion to be relieved as counsel is CONTINUED TO October 19, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, 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.