This case was last updated from Los Angeles County Superior Courts on 04/18/2019 at 08:56:48 (UTC).

ABEL CONTRERAS ET AL VS PACER CARTAGE INC ET AL

Case Summary

On 12/23/2014 ABEL CONTRERAS filed a Labor - Other Labor lawsuit against PACER CARTAGE INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MICHAEL P. LINFIELD and WILLIAM A. MACLAUGHLIN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7807

  • Filing Date:

    12/23/2014

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MICHAEL P. LINFIELD

WILLIAM A. MACLAUGHLIN

 

Party Details

Plaintiffs

CAMPOS ALFONSO LIMON

CONTRERAS ABEL

ESCOBAR ALMA DELIA

GARCIA ALEJANDRO

GOMEZ ANGEL

VELASCO ALEJANDRO

ACOSTA JOSE R

ALDANA JUAN O

ALFARO BENJAMIN C

ALVARADO EDWIN H

ARCEO VAHE OLMASSAKIAN VICENTE

ARGUETA LEX

BARRERA BENJAMIN A

BARRERA CARLOS

BARRETO JOSE

BAUTISTA MIGUEL A

CANALES HUMBERTO

CARRILLO BONIFACIO

CHAVEZ JAIME V

CONTRERAS MIGUEL

59 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

KORREY DAVID M. ESQ.

MCAVOY & RIVERA

DAVID M. KORREY LAW OFFICES OF

GOMEZ LAW GROUP

GOMEZ ALVIN M. ESQ.

KORREY DAVID M.

SHACKELFORD PATRICIA ANN

RIVERA D. BRIANA

Other Attorneys

SCOPELITIS GARVIN ET AL. PC [IN]

SCOPELITIS GARVIN ET AL. PLLP [CA]

WEMMER TAYLOR H.

JATANA NICKY

MCNATT CHRISTOPHER CHAD JR

OXMAN ANDREA F.

DOLLARHIDE MARY

 

Court Documents

Minute Order

1/30/2018: Minute Order

Minute Order

2/2/2018: Minute Order

Minute Order

4/19/2018: Minute Order

Declaration

10/18/2018: Declaration

Request for Judicial Notice

11/20/2018: Request for Judicial Notice

Notice of Related Case

1/31/2019: Notice of Related Case

Minute Order

3/5/2019: Minute Order

STIPULATION AND JOINDER OF PLAINTIFFS; ORDER THEREON.

8/21/2015: STIPULATION AND JOINDER OF PLAINTIFFS; ORDER THEREON.

Minute Order

12/15/2015: Minute Order

ORDER GRANTING ADMISSION PRO HAC VICE OF E. ASHLEY PAYNTER

5/16/2016: ORDER GRANTING ADMISSION PRO HAC VICE OF E. ASHLEY PAYNTER

Minute Order

2/2/2017: Minute Order

PLAINTIFFS? REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS

3/15/2017: PLAINTIFFS? REPLY IN SUPPORT OF MOTION FOR JUDGMENT ON THE PLEADINGS

Minute Order

4/12/2017: Minute Order

DECLARATION OF D. BRIANA RIVERA IN SUPPORT OF R/S CONTRERAS PLAINTIFFS' MOTION IN LIMINE NO.13 TO EXCLUDE ARGUMENT AND EVIDENCE OF FAIRNESS AND REASONABLENESS OF EQUIPMENT LEASE AGREEMENT

6/26/2017: DECLARATION OF D. BRIANA RIVERA IN SUPPORT OF R/S CONTRERAS PLAINTIFFS' MOTION IN LIMINE NO.13 TO EXCLUDE ARGUMENT AND EVIDENCE OF FAIRNESS AND REASONABLENESS OF EQUIPMENT LEASE AGREEMENT

R/S CONTRERAS PLAINTIFFS' MOTION IN LIMINE NO.9 TO PREVENT DEFENDANTS FROM ARGUING THAT TRUCK LEASE PAYMENTS ARE NOT REIMBURSABLE EXPENSES

6/26/2017: R/S CONTRERAS PLAINTIFFS' MOTION IN LIMINE NO.9 TO PREVENT DEFENDANTS FROM ARGUING THAT TRUCK LEASE PAYMENTS ARE NOT REIMBURSABLE EXPENSES

DECLARATION OF CHRISTOPHER C. MCNATT, JR. IN SUPPORT OF DEFENDANT'S MOTION IN LIMINE NO. 8

6/30/2017: DECLARATION OF CHRISTOPHER C. MCNATT, JR. IN SUPPORT OF DEFENDANT'S MOTION IN LIMINE NO. 8

NOTICE RE: CONTINUANCE OF HEARING

7/6/2017: NOTICE RE: CONTINUANCE OF HEARING

R/S CONTRERAS PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION IN LIMINE NO.4 TO PRECLUDE EVIDENCE OF ANY ALLEGED MEAL OR ETC

7/10/2017: R/S CONTRERAS PLAINTIFFS' OPPOSITION TO DEFENDANTS' MOTION IN LIMINE NO.4 TO PRECLUDE EVIDENCE OF ANY ALLEGED MEAL OR ETC

329 More Documents Available

 

Docket Entries

  • 04/11/2019
  • at 08:30 AM in Department 89, William A. MacLaughlin, Presiding; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 04/11/2019
  • at 08:30 AM in Department 89, William A. MacLaughlin, Presiding; Final Status Conference - Held

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  • 04/11/2019
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 04/10/2019
  • Notice of Appearance; Filed by XPO CARTAGE, INC. (Defendant)

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  • 03/05/2019
  • at 08:21 AM in Department 34; Court Order - Held

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  • 03/05/2019
  • Minute Order ((Court Order) of 03/05/2019); Filed by Clerk

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  • 03/05/2019
  • Certificate of Mailing for (Minute Order (Court Order) of 03/05/2019); Filed by Clerk

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  • 03/05/2019
  • Notice of Related Case; Filed by Abel Contreras (Plaintiff); Alejandro Garcia (Plaintiff); Alejandro Velasco (Plaintiff) et al.

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  • 02/28/2019
  • at 08:30 AM in Department 89, William A. MacLaughlin, Presiding; Final Status Conference - Held - Continued

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  • 02/28/2019
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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666 More Docket Entries
  • 04/09/2015
  • NOTICE OF ASSOICATIN OF COUNSEL

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  • 03/03/2015
  • Notice; Filed by Plaintiff/Petitioner

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  • 03/03/2015
  • NOTICE OF SUBSTITUTION OF COUNSEL

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  • 02/24/2015
  • ANSWER OF DEFENDANTS PACER CARTAGE, INC., PACER INTERNATIONAL, INC., AND XPO LOGISTICS, INC. TO COMPLAINT

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  • 02/24/2015
  • Answer; Filed by Defendant/Respondent

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  • 01/06/2015
  • Notice of Case Management Conference; Filed by Clerk

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  • 01/06/2015
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 12/23/2014
  • Complaint; Filed by Abel Contreras (Plaintiff); Alejandro Garcia (Plaintiff); Alejandro Velasco (Plaintiff) et al.

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  • 12/23/2014
  • COMPLAINT FOR DAMAGES FOR: (1) VIOLATION OF LABOR CODE 226.8(A)(I) (EMPLOYMENT MISCLASSIFICATION); ETC

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  • 12/23/2014
  • SUMMONS

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Tentative Rulings

Case Number: BC567807    Hearing Date: November 19, 2019    Dept: 34

SUBJECT: Motion to Be Relieved as Counsel

Moving Party: Patricia A. Shackelford and D. Briana Rivera of Rivera & Shackelford, P.C. and David M. Korrey of Law Office of David M. Korrey, Counsel for Alma Angulo Escobar (Plaintiff/Cross-Defendant in BC567807 and BC695795)

Responding Party: None

The Court will hear from counsel and Ms. Escobar in chambers regarding this motion.

BACKGROUND:

Plaintiffs commenced this action on March 26, 2014 against defendants for: (1) violation of Labor Code § 226.8(a)(1) (Employment Misclassification); (2) violation of Labor Code §§ 221, 224, 226, and 2802 (unlawful deductions and reimbursable expenses); (3) violation of Labor Code §§ 1194, 1194.2 and 1197 (unpaid minimum wages); (4) violation of Labor Code § 203 (waiting time penalties); (5) violation of Labor Code § 204 (failure to pay all wages); (6) violation of Labor Code §§ 226.7 and 512 (meal periods); (7) violation of Labor Code §§ 226.7 and 512 (rest periods); (8) violation of Labor Code §§ 226 and 226.3 (itemized wage statements); (9) violation of Business and Professions Code § 17200; and (10) PAGA.

Plaintiffs allege that they were employed by defendants as “independent contractors,” but that they were actually employees. (Compl., ¶¶ 17-21.) Plaintiffs allege that defendants made improper and illegal deductions to plaintiffs’ wages. (Id., ¶ 22.) Plaintiffs allege that defendants illegally required plaintiffs to bear the costs of defendants’ business expenses. (Id., ¶ 23.) Plaintiffs allege that defendants failed to pay at least the minimum wage for all hours worked after deductions. (Id., ¶ 24.) Plaintiffs allege that defendants failed to provide meal and rest periods. (Id., ¶¶ 26-27.) Plaintiffs allege that they were not provided accurate itemized wage statements. (Id., ¶ 28.)

On November 12, 2019, the Court granted Patricia A. Shackelford and D. Briana Rivera of Rivera & Shackelford, P.C. and David M. Korrey of Law Office of David M. Korrey’s ex parte application to shorten time for hearing on their motion to be relieved as counsel for Alma Delia Angulo Escobar.

Before the Court is Patricia A. Shackelford and D. Briana Rivera of Rivera & Shackelford, P.C. and David M. Korrey of Law Office of David M. Korrey’s motion to be relieved as counsel.

ANALYSIS:

An attorney moving to be relieved as counsel under California Code of Civil Procedure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362. To comply with rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved as Counsel. (Cal. Rules of Court, rule 3.1362(a), (c), (e).) The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) Further, when the client is served by mail, the attorney's declaration must show that the client's address was confirmed within the last 30 days and how it was confirmed. (Id.) Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted. (People v. Prince (1968) 268 Cal.App.2d 398, 406.)

Counsel provided a notice of motion and motion to be relieved as counsel; order granting attorney’s motion to be relieved as counsel; and declaration in support of the motion to be relieved as counsel. Additionally, the declaration states that Counsel’s client has been served by mail and Counsel confirmed by text message on November 7, 2019 that address is current. (See Declaration, No. 3(a) and (b).) This motion has also not been opposed by any party to the case.

Counsel also filed a proof of service that they served their client, but the proof of service does not indicate that all the other parties who have appeared in this case have been served. The Court finds that Patricia A. Shackelford and D. Briana Rivera of Rivera & Shackelford, P.C. and David M. Korrey of Law Office of David M. Korrey have failed to serve all the other parties who have appeared in this case, in violation of California Rules of Court, rule 3.1362(d).

More importantly, the motion states that it is “made pursuant to Rules 1.16(b)(4) and 1.16(b)(10) of the California Rules of Professional Conduct (herein, ‘CRPC’)” and “the facts which give rise to the Motion are confidential and required to be kept confidential pursuant to Business and Professions Code section 6068(a), CRPC 1.6(A), and by the attorney-client privilege.” (Declaration, No. 2.)

Even if the proof of service were to indicate that the other parties have been served, the Court cannot determine whether it should grant this motion absent an in camera review regarding the reasons for this motion.

Ms. Escobar – counsel’s client who would be affected by this motion – appeared in Court at the ex parte hearing on November 12, 2019. She asked to speak privately with the Court; that request was denied. In fairness to all affected parties, the Court will hear from counsel and Ms. Escobar in chambers – outside the presence of defense counsel – regarding this matter.

The Court will hear from counsel and Ms. Escobar in chambers regarding this motion.