This case was last updated from Los Angeles County Superior Courts on 06/09/2019 at 03:47:42 (UTC).

HELLER CASTILLO VS CITY OF LOS ANGELES ET AL

Case Summary

On 10/19/2016 HELLER CASTILLO filed a Personal Injury - Other Personal Injury lawsuit against CITY OF LOS ANGELES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7871

  • Filing Date:

    10/19/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Petitioner

CASTILLO HELLER

Defendants and Respondents

LOS ANGELES CITY OF

LOS ANGELES POLICE DEPARTMENT

DOES 1 TO 50

CITY OF LOS ANGELES

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAW OFFICES OF JOHN H. OH & ASSOCIATES

OH HYUN

Defendant Attorney

LEE LISA W

 

Court Documents

ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY

2/13/2018: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY

STIPULATION RE DEPOSITION OF PLAINTIFF HELLER CASTLLT

2/16/2018: STIPULATION RE DEPOSITION OF PLAINTIFF HELLER CASTLLT

ORDER AND STIPULATION TO CONTINUE TRIAL FSC AND RELATED MOTION/DISCOVERY DATES PESONAL INJURY COURTS ONLY

5/11/2018: ORDER AND STIPULATION TO CONTINUE TRIAL FSC AND RELATED MOTION/DISCOVERY DATES PESONAL INJURY COURTS ONLY

THIRD STIPULATION FOR TRIAL CONTINUANCE

8/8/2018: THIRD STIPULATION FOR TRIAL CONTINUANCE

PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL AND FSC

8/17/2018: PLAINTIFF'S EX PARTE APPLICATION FOR AN ORDER TO CONTINUE TRIAL AND FSC

Minute Order

8/17/2018: Minute Order

DFCLARATION OF JOHN OH RE: NOTICE OF EX PARTE APPLICATION

8/17/2018: DFCLARATION OF JOHN OH RE: NOTICE OF EX PARTE APPLICATION

NOTICE OF TRIAL CONTINUANCE

8/20/2018: NOTICE OF TRIAL CONTINUANCE

Minute Order

1/15/2019: Minute Order

Stipulation and Order

1/16/2019: Stipulation and Order

Declaration

4/30/2019: Declaration

Minute Order

5/1/2019: Minute Order

Declaration

5/30/2019: Declaration

Ex Parte Application

6/3/2019: Ex Parte Application

Minute Order

6/3/2019: Minute Order

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

10/19/2016: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

PROOF OF SERVICE SUMMONS

10/25/2016: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

10/25/2016: PROOF OF SERVICE SUMMONS

11 More Documents Available

 

Docket Entries

  • 06/03/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Hearing on Ex Parte Application (ReRequest for Referral to Mandatory Settlement Conference Program) - Held - Motion Granted

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  • 06/03/2019
  • Minute Order ( (Ex Parte Application of Defendant, City of Los Angeles (erron...)); Filed by Clerk

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  • 06/03/2019
  • Notice (OF GRANTING EX-PARTE APPLICATION FOR REFERRAL TO MANDATORY SETTLEMENT CONFERENCE PROGRAM); Filed by Heller Castillo (Plaintiff)

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  • 06/03/2019
  • Ex Parte Application (Re: Request for Referral to Mandatory Settlement Conference Program); Filed by City of Los Angeles (Defendant); Los Angeles Police Department (Defendant)

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  • 05/30/2019
  • Declaration (Declaration of Lisa Lee in Support of ExParte re MSC); Filed by City of Los Angeles (Defendant); Los Angeles Police Department (Defendant)

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  • 05/20/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 05/06/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 05/01/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Hearing on Ex Parte Application (for Continuance of Trial and Final Status Conference) - Held - Motion Granted

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  • 05/01/2019
  • Minute Order ( (Ex Parte Application Filed by City of Los Angeles for Continu...)); Filed by Clerk

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  • 05/01/2019
  • Ex Parte Application (for Continuance of Trial and Final Status Conference); Filed by City of Los Angeles (Defendant); Los Angeles Police Department (Defendant)

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26 More Docket Entries
  • 02/13/2018
  • ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY

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  • 11/21/2016
  • Answer; Filed by City of Los Angeles (Defendant)

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  • 11/21/2016
  • ANSWER OF DEFENDANT, CITY OF LOS ANGELES; DEMAND FOR JURY TRIAL

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  • 10/25/2016
  • PROOF OF SERVICE SUMMONS

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  • 10/25/2016
  • Proof-Service/Summons; Filed by Heller Castillo (Plaintiff)

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  • 10/25/2016
  • PROOF OF SERVICE SUMMONS

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  • 10/25/2016
  • Proof-Service/Summons; Filed by Heller Castillo (Plaintiff)

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  • 10/19/2016
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 10/19/2016
  • SUMMONS

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  • 10/19/2016
  • Complaint; Filed by Heller Castillo (Plaintiff)

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Tentative Rulings

Case Number: BC637871    Hearing Date: March 11, 2020    Dept: 28

Motion to be Relieved as Counsel

Having considered the moving papers, the Court rules as follows. No opposing papers have been filed.

BACKGROUND

On October 19, 2016, Plaintiff Heller Castillo (collectively, “Plaintiff”) filed a complaint against Defendants City of Los Angeles, Los Angeles Police Department, and Does 1-50. The complaint alleges that Plaintiff suffered personal injuries and emotional distress as a result of being bitten by a Los Angeles Police Department K-9 unit on April 27, 2016. 

On February 5, 2020, John H. Oh, counsel for Plaintiff (“Counsel”), filed the motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2). 

Trial is set for May 15, 2020.

PARTY’S REQUEST

Counsel seeks to be relieved as counsel for Plaintiff on the grounds that Plaintiff has been uncooperative and has refused attorney’s counsel, and is preventing Counsel from effectively providing legal services. Plaintiff has refused to further cooperate with Counsel in preparing for trial and in providing trial costs as expressed in the parties’ original agreement. Due to Plaintiff’s uncooperative behavior, Counsel believes he can no longer effectively represent Plaintiff.

Furthermore, Counsel declares that there has been an irreconcilable breakdown of the relationship between Plaintiff and Counsel which makes further representation impossible. Plaintiff has refused to listen to any settlement discussions, including the defendant's most recent 998 offer, refused to contribute to trial costs, and refused to cooperate in trial preparation, including testimony and presentation of evidence. LEGAL STANDARD

California Rule of Court rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)).

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.

DISCUSSION

Counsel has completed and filed forms MC-051, MC-052, and MC-053. Counsel declares that he served Plaintiff by mail at his last known address, confirmed within the past 30 days by conversation. Counsel attaches proof of service indicating that all forms were served on Plaintiff and Defendants by mail and electronic mail

The Court finds that the motion is proper. There is no evidence showing Plaintiff would be prejudiced or the orderly process of justice would be disrupted in granting this motion. Trial is set for May 15, 2020. Plaintiff has enough time to retain substitute counsel and for that counsel to prepare for trial.

CONCLUSION

The motion is GRANTED.

Counsel is relieved as counsel for Plaintiff effective upon the filing of the proof of service of Order Granting Attorney’s Motion to be Relieved as Counsel–Civil form MC–053.

Counsel is ordered to give notice of this ruling.