This case was last updated from Los Angeles County Superior Courts on 12/12/2019 at 11:10:29 (UTC).

ABC SOLAR INCORPORATED VS CITY OF ROLLING HILLS ESTATES, ET AL.

Case Summary

On 05/07/2019 ABC SOLAR INCORPORATED filed an Other - Declaratory Judgment lawsuit against CITY OF ROLLING HILLS ESTATES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is RANDOLPH M. HAMMOCK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5795

  • Filing Date:

    05/07/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Declaratory Judgment

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

RANDOLPH M. HAMMOCK

 

Party Details

Plaintiff

ABC SOLAR INCORPORATED

Defendants

CITY OF ROLLING HILLS ESTATES

COUNTY OF LOS ANGELES

Attorney/Law Firm Details

Plaintiff Attorney

LEWIS JEFFREY

Defendant Attorneys

MCEWEN STEPHEN ANTHONY

CRUZ ROSA LINDA

 

Court Documents

Complaint

5/7/2019: Complaint

Summons - SUMMONS ON COMPLAINT

5/7/2019: Summons - SUMMONS ON COMPLAINT

Notice of Case Assignment - Unlimited Civil Case

5/7/2019: Notice of Case Assignment - Unlimited Civil Case

Civil Case Cover Sheet

5/7/2019: Civil Case Cover Sheet

Civil Case Cover Sheet

5/7/2019: Civil Case Cover Sheet

Proof of Personal Service

5/20/2019: Proof of Personal Service

Proof of Personal Service

5/20/2019: Proof of Personal Service

Notice of Case Management Conference

5/16/2019: Notice of Case Management Conference

Answer - ANSWER TO COMPLAINT

6/12/2019: Answer - ANSWER TO COMPLAINT

Answer

6/21/2019: Answer

Case Management Order

8/9/2019: Case Management Order

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

8/9/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Case Management Statement

7/24/2019: Case Management Statement

Case Management Statement

7/24/2019: Case Management Statement

Case Management Statement

7/18/2019: Case Management Statement

3 More Documents Available

 

Docket Entries

  • 11/16/2020
  • Hearing11/16/2020 at 09:30 AM in Department 47 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/09/2019
  • Docketat 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Case Management Conference - Held

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  • 08/09/2019
  • DocketCase Management Order; Filed by Clerk

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  • 08/09/2019
  • DocketMinute Order ( (Case Management Conference)); Filed by Clerk

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  • 07/24/2019
  • DocketCase Management Statement; Filed by County of Los Angeles, (Defendant)

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  • 07/24/2019
  • DocketCase Management Statement; Filed by City of Rolling Hills Estates, (Defendant)

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  • 07/18/2019
  • DocketCase Management Statement; Filed by ABC Solar Incorporated, (Plaintiff)

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  • 06/21/2019
  • DocketAnswer; Filed by County of Los Angeles, (Defendant)

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  • 06/12/2019
  • DocketAnswer (to Complaint); Filed by City of Rolling Hills Estates, (Defendant)

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  • 05/20/2019
  • DocketProof of Personal Service; Filed by ABC Solar Incorporated, (Plaintiff)

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  • 05/20/2019
  • DocketProof of Personal Service; Filed by ABC Solar Incorporated, (Plaintiff)

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  • 05/16/2019
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 05/07/2019
  • DocketComplaint; Filed by ABC Solar Incorporated, (Plaintiff)

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  • 05/07/2019
  • DocketCivil Case Cover Sheet; Filed by ABC Solar Incorporated, (Plaintiff)

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  • 05/07/2019
  • DocketCivil Case Cover Sheet; Filed by ABC Solar Incorporated, (Plaintiff)

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  • 05/07/2019
  • DocketSummons (on Complaint); Filed by ABC Solar Incorporated, (Plaintiff)

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  • 05/07/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

b"

Case Number: 19STCV15795 Hearing Date: July 26, 2021 Dept: 47

Tentative Ruling
Judge Theresa M. Traber, Department 47
HEARING DATE:\tJuly 26, 2021 \t\t\t\t\tTRIAL DATE: May 9, 2022
CASE: \tABC Solar Incorporated v. City of Rolling Hills Estates, et al.
CASE NO.: \t\t19STCV15795
\t
MOTION TO BE RELIEVED AS COUNSEL
MOVING PARTY:\tJeffrey Lewis, as counsel for Plaintiff ABC Solar Incorporated
RESPONDING PARTY(S): No response on eCourt as of July 21, 2021.
\t
PROOF OF SERVICE:
\tCorrect Address: Yes.
\t16/21 (CCP § 1005(b)): OK. Served by mail and electronic service on June 24, 2021.
CASE HISTORY:
\t05/07/19: Complaint filed.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
\t
\tPlaintiff seeks a judicial determination that Defendants’ process for issuing solar permits violates the Solar Rights Act and that they are therefore ineligible to receive funds from state-sponsored grants or loans for solar energy.
\tPlaintiff’s counsel moves to be relieved as counsel.
TENTATIVE RULING:
Jeffrey Lewis’s motion to be relieved as counsel for Plaintiff ABC Solar Incorporated is GRANTED. This order will be effective only upon filing a Proof of Service with the court demonstrating that the client was served with a copy of this ruling and a copy of the Order Granting Attorney's Motion to Be Relieved as Counsel – Civil (Form MC-053), completely filled out, including any additional hearings that may be scheduled.
In addition, as ABC Solar Incorporated cannot represent itself, the court sets an OSC re: legal representation for September 27, 2021 at 8:30 am, in Department 47. If Plaintiff does not have an attorney of record who has appeared by that hearing, the complaint may be dismissed.
Moving counsel to provide notice, unless waived.
DISCUSSION
Attorney Jeffrey Lewis moves to be relieved as counsel for Plaintiff ABC Solar Incorporated.
Moving counsel filed all three required forms (MC-051, -052, and -053). Moving counsel’s proof of service indicates that all three forms were served on the client and the opposing parties as required by CRC 3.1362(d).
In the declaration filed by moving counsel Jeffrey Lewis, he states that the reasons for his motion to be relieved are confidential. (MC-052 ¶ 2.) In general, an attorney may withdraw with or without cause as long as the withdrawal would not result in undue prejudice to the client’s interest – i.e., counsel cannot withdraw at a critical point in the litigation, because that would prejudice client, but can withdraw otherwise. (Ramirez v. Sturdevant (1994) 21 Cal. App. 4th 904, 915.) The court has discretion to deny an attorney’s request to withdraw where the withdrawal would work an injustice or cause undue delay in the proceeding, but the court’s discretion in this area is one to be exercised reasonably. (Mandell v. Superior Court (1977) 67 Cal.App.3d 1, 4.)
Here, there are no future hearings scheduled in this case until the post-mediation status conference on March 25, 2022, and counsel gave notice of that hearing in the moving documents, as well as the final status conference on May 3, 2022 and the trial date on May 9, 2022. Therefore, it does not appear that Plaintiff would be prejudiced by allowing its attorney to withdraw at this time.
Accordingly, the motion to be relieved as counsel is GRANTED. This order will be effective only upon filing a Proof of Service with the court demonstrating that the client was served with a copy of this ruling and a copy of the Order Granting Attorney's Motion to Be Relieved as Counsel – Civil (Form MC-053), completely filled out, including any additional hearings that may be scheduled.
In addition, as ABC Solar Incorporated cannot represent itself, the court sets an OSC re: legal representation for September 27, 2021 at 8:30 am, in Department 47. If Plaintiff does not have an attorney of record who has appeared by that hearing, the complaint may be dismissed.
Moving counsel to give notice, unless waived.
\t\t
IT IS SO ORDERED.
Dated: July 26, 2021\t\t\t\t___________________________________
\t\t\t\t\t\t\tTheresa M. Traber
\t\t\t\t\t\t\tJudge of the Superior Court
\tAny party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.
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