This case was last updated from Los Angeles County Superior Courts on 07/10/2019 at 01:37:10 (UTC).

ADRIANA DUARTE VS SMG CARS INC ET AL

Case Summary

On 03/05/2018 ADRIANA DUARTE filed a Labor - Other Labor lawsuit against SMG CARS INC. 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:

    ****6497

  • Filing Date:

    03/05/2018

  • 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 Judge

RANDOLPH M. HAMMOCK

 

Party Details

Plaintiff and Petitioner

DUARTE ADRIANA

Defendants and Respondents

YEROOMIAN CLYDE

LU KER

SMG CARS INC.

DOES 1 TO 25

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

MESSRELIAN LAW INC.

MESSRELIAN HAROUT A

Defendant Attorney

SHEIKH SCOTT AMIN ESQ.

 

Court Documents

ANSWER OF SMG CARS, INC. AND CLYDE YEROOMIAN TO PLAINTIFF'S COMPLAINT FOR DAMAGES

6/13/2018: ANSWER OF SMG CARS, INC. AND CLYDE YEROOMIAN TO PLAINTIFF'S COMPLAINT FOR DAMAGES

Notice of Change of Address

6/29/2018: Notice of Change of Address

CASE MANAGEMENT STATEMENT

9/5/2018: CASE MANAGEMENT STATEMENT

NOTICE OF POSTING JURY FEES

9/5/2018: NOTICE OF POSTING JURY FEES

CIVIL DEPOSIT

9/5/2018: CIVIL DEPOSIT

REQUEST FOR DISMISSAL

9/7/2018: REQUEST FOR DISMISSAL

CASE MANAGEMENT STATEMENT

9/18/2018: CASE MANAGEMENT STATEMENT

Minute Order

9/19/2018: Minute Order

Case Management Statement

10/31/2018: Case Management Statement

Case Management Order

11/21/2018: Case Management Order

Minute Order

11/21/2018: Minute Order

CASE MANAGEMENT STATEMENT

5/14/2018: CASE MANAGEMENT STATEMENT

Minute Order

5/29/2018: Minute Order

NOTICE OF CASE MANAGEMENT CONFERENCE

3/19/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

SUMMONS

3/5/2018: SUMMONS

COMPLAINT FOR DAMAGES FOR: 1) WILLFUL MISCLASSIFICATION; ETC

3/5/2018: COMPLAINT FOR DAMAGES FOR: 1) WILLFUL MISCLASSIFICATION; ETC

4 More Documents Available

 

Docket Entries

  • 11/21/2018
  • at 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Case Management Conference - Held

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  • 11/21/2018
  • Case Management Order; Filed by Clerk

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  • 11/21/2018
  • Minute Order ((Case Management Conference)); Filed by Clerk

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  • 10/31/2018
  • Case Management Statement; Filed by SMG Cars, Inc. (Defendant); Clyde Yeroomian (Defendant)

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  • 09/19/2018
  • at 08:30 AM in Department 47; Case Management Conference - Held - Continued

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  • 09/19/2018
  • Minute order entered: 2018-09-19 00:00:00; Filed by Clerk

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  • 09/19/2018
  • Minute Order

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  • 09/18/2018
  • CASE MANAGEMENT STATEMENT

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  • 09/18/2018
  • Case Management Statement; Filed by SMG Cars, Inc. (Defendant); Clyde Yeroomian (Defendant)

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  • 09/07/2018
  • REQUEST FOR DISMISSAL

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11 More Docket Entries
  • 05/29/2018
  • at 08:30 AM in Department 47; Case Management Conference - Held - Continued

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  • 05/29/2018
  • Minute order entered: 2018-05-29 00:00:00; Filed by Clerk

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  • 05/29/2018
  • Minute Order

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  • 05/14/2018
  • Case Management Statement; Filed by Adriana Duarte (Plaintiff)

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  • 05/14/2018
  • CASE MANAGEMENT STATEMENT

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  • 03/19/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 03/19/2018
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 03/05/2018
  • SUMMONS

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  • 03/05/2018
  • Complaint; Filed by Adriana Duarte (Plaintiff)

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  • 03/05/2018
  • COMPLAINT FOR DAMAGES FOR: 1) WILLFUL MISCLASSIFICATION; ETC

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Tentative Rulings

Case Number: BC696497    Hearing Date: March 04, 2020    Dept: 47

Adriana Duarte v. SMG Cars, Inc., et al.

 

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Scott A. Sheikh, Esq., counsel for Defendant SMG Cars, Inc.

RESPONDING PARTY(S): No opposition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS

This is an employment action in which Plaintiff alleges various Labor Code violations, a PAGA claim, and unfair business practices. Plaintiff had worked for Defendants as an “auto broker” and alleges that she was misclassified as an independent contractor.

Counsel for Defendant SMG Cars, Inc. moves to be relieved as counsel.

TENTATIVE RULING:

Scott A. Sheikh, Esq.’s 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.

The Court previously set an OSC re: striking the answer of SMG Cars, Inc. for failure to obtain legal representation for this date. If Defendant does not have an attorney of record by this date, its answer may be stricken and its default entered.

DISCUSSION:

Motion To Be Relieved As Counsel

Attorney Scott A. Sheikh moves to be relieved as counsel for Defendant SMG Cars, Inc.

The Court may issue an order allowing an attorney to withdraw from representation, after notice to the client. (CCP § 284(2).) California Rules of Court, Rule 3.1362 requires that the following Mandatory Judicial Council forms be filed for a motion to be relieved as counsel: Notice of Motion and Motion to Be Relieved as Counsel--Civil (form MC-051); Motion to Be Relieved as Counsel--Civil (form MC-052); and Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (form MC-053). (See CRC Rule 3.1362(a), (c), (e).) These three forms must be served on the client and all other parties who have appeared in the case. (Rule 3.1362(d).)

Here, moving counsel filed all three required forms, and moving counsel’s proof of service indicates that all three forms were served on the parties.

In his declaration, moving counsel states that there has been a breakdown in the attorney-client relationship and a failure to pay his attorney’s fees and costs. (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, an OSC Re: Monetary Sanctions against Plaintiff and SMG Cars, Inc. for failure to mediate, an OSC Re: Striking the Answer of SMG Cars, Inc. for failure to obtain an attorney for the corporation, an OSC Re: Monetary Sanctions against Attorney Scott Sheikh for failing to appear as ordered by this Court, and a Trial Setting Conference are scheduled for the same day that this motion is to be heard. Because this order will not be effective until after moving counsel has filed certain documents as discussed below, he is expected to continue to represent Defendant in the hearing on March 4, unless a substitution of attorney for Defendant has been filed before that date.[1] After that, there are no additional hearings scheduled at this time, and therefore it does not appear that Defendant would be prejudiced by allowing its attorney to withdraw after March 4.

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.

As Defendant SMG Cars, Inc. cannot represent itself, if it does not have a new attorney of record by this date, its answer may be stricken and its default entered.

Moving counsel to give notice, unless waived.

IT IS SO ORDERED.

Dated: March 4, 2020 ___________________________________

Randolph M. Hammock

Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org


[1] As of March 1, 2020, no such substitution of attorney appears on eCourt.

Case Number: BC696497    Hearing Date: February 04, 2020    Dept: 47

Adriana Duarte v. SMG Cars, Inc., et al.

 

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Scott A. Sheikh, Esq., counsel for Defendant SMG Cars, Inc.

RESPONDING PARTY(S): No opposition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS

This is an employment action in which Plaintiff alleges various Labor Code violations, a PAGA claim, and unfair business practices. Plaintiff had worked for Defendants as an “auto broker” and alleges that she was misclassified as an independent contractor.

Counsel for Defendant SMG Cars, Inc. moves to be relieved as counsel.

TENTATIVE RULING:

Scott A. Sheikh, Esq.’s 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.

As Defendant SMG Cars, Inc. cannot represent itself, the court sets an OSC re: striking the answer of SMG Cars, Inc. for failure to obtain legal representation for March 4, 2020 at 8:30 am, in Department 47. If Defendant does not have an attorney of record who has appeared by that hearing, its answer may be stricken and its default entered.

DISCUSSION:

Motion To Be Relieved As Counsel

Attorney Scott A. Sheikh moves to be relieved as counsel for Defendant SMG Cars, Inc.

The Court may issue an order allowing an attorney to withdraw from representation, after notice to the client. (CCP § 284(2).) California Rules of Court, Rule 3.1362 requires that the following Mandatory Judicial Council forms be filed for a motion to be relieved as counsel: Notice of Motion and Motion to Be Relieved as Counsel--Civil (form MC-051); Motion to Be Relieved as Counsel--Civil (form MC-052); and Order Granting Attorney's Motion to Be Relieved as Counsel--Civil (form MC-053). (See CRC Rule 3.1362(a), (c), (e).) These three forms must be served on the client and all other parties who have appeared in the case. (Rule 3.1362(d).)

Here, moving counsel filed all three required forms, and moving counsel’s proof of service indicates that all three forms were served on the parties.

In his declaration, moving counsel states that there has been a breakdown in the attorney-client relationship and a failure to pay his attorney’s fees and costs. (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, an OSC Re: Monetary Sanctions against Plaintiff and SMG Cars, Inc. for failure to mediate, an OSC Re: Striking the Answer of SMG Cars, Inc. for failure to obtain an attorney for the corporation, and a Trial Setting Conference are scheduled for the same day that this motion is to be heard. Because this order will not be effective until after moving counsel has filed certain documents as discussed below, he will continue to represent Defendant in the hearing on February 4. After that, there are no additional hearings scheduled at this time, and therefore it does not appear that Defendant would be prejudiced by allowing its attorney to withdraw after February 4.

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.

As Defendant SMG Cars, Inc. cannot represent itself, the court sets an OSC re: striking the answer of SMG Cars, Inc. for failure to obtain legal representation for March 4, 2020 at 8:30 am, in Department 47. If Defendant does not have an attorney of record who has appeared by that hearing, its answer may be stricken and its default entered.

Moving counsel to give notice, unless waived.

IT IS SO ORDERED.

Dated: February 4, 2020 ___________________________________

Randolph M. Hammock

Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org