This case was last updated from Los Angeles County Superior Courts on 01/10/2022 at 02:29:19 (UTC).

ARMANDO REYES VS HIPOLIT MARTINEZ

Case Summary

On 03/05/2018 ARMANDO REYES filed a Personal Injury - Motor Vehicle lawsuit against HIPOLIT MARTINEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are CHRISTOPHER K. LUI and DANIEL M. CROWLEY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6324

  • Filing Date:

    03/05/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

CHRISTOPHER K. LUI

DANIEL M. CROWLEY

 

Party Details

Petitioner and Plaintiff

REYES ARMANDO

Respondents and Defendants

MARTINEZ HIPOLIT

DOES 1 - 20

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

KHAKSHOOY BOB B. ESQ.

KHAKSHOOY BOB BABAK

AGARWAL SANDEEP GOPAL

Defendant Attorney

SPLOPUKO ALLEN M.

 

Court Documents

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

8/3/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

8/3/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

8/3/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Be Relieved as Counsel

2/27/2020: Motion to Be Relieved as Counsel

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

2/27/2020: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO FILE PROOF O...)

2/28/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO FILE PROOF O...)

Minute Order - MINUTE ORDER (COURT ORDER)

3/20/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/20/2020

3/20/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/20/2020

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/20/2020

4/20/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/20/2020

Minute Order - MINUTE ORDER (COURT ORDER)

4/20/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Proof of Service by Mail

4/24/2020: Proof of Service by Mail

Proof of Service by Mail

4/24/2020: Proof of Service by Mail

Notice - NOTICE OF SUSPENSION

4/24/2020: Notice - NOTICE OF SUSPENSION

Notice - NOTICE OF CHANGE OF HANDLING ATTORNEY WITHIN-FIRM

4/24/2020: Notice - NOTICE OF CHANGE OF HANDLING ATTORNEY WITHIN-FIRM

Notice - NOTICE OF CHANGE OF HANDLING ATTORNEY WITHIN-FIRM

5/15/2020: Notice - NOTICE OF CHANGE OF HANDLING ATTORNEY WITHIN-FIRM

Notice - NOTICE OF SUSPENSION

5/15/2020: Notice - NOTICE OF SUSPENSION

Minute Order - MINUTE ORDER (COURT ORDER)

6/1/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 06/01/2020

6/1/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 06/01/2020

23 More Documents Available

 

Docket Entries

  • 04/11/2022
  • Hearing04/11/2022 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 03/28/2022
  • Hearing03/28/2022 at 10:00 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 08/27/2021
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Taken Off Calendar by Party

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  • 08/27/2021
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Taken Off Calendar by Party

    Read MoreRead Less
  • 08/27/2021
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Taken Off Calendar by Party

    Read MoreRead Less
  • 08/03/2021
  • DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion (TO COMPEL PLAINTIFF?S VERIFIED RESPONSES TO DEMAND FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR MONETARY SANCTIONS IN THE SUM OF $435.00;); Filed by Hipolit Martinez (Defendant)

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  • 08/03/2021
  • DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion (TO COMPEL PLAINTIFF?S VERIFIED RESPONSES TO SPECIAL INTERROGATORIES; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR MONETARY SANCTIONS IN THE SUM OF $435.00;); Filed by Hipolit Martinez (Defendant)

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  • 08/03/2021
  • DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion (TO COMPEL PLAINTIFF?S VERIFIED RESPONSES TO FORM INTERROGATORIES; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR MONETARY SANCTIONS IN THE SUM OF $435.00;); Filed by Hipolit Martinez (Defendant)

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  • 03/05/2021
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Order to Show Cause Re: Dismissal (for Failure to File Proof of Service of Summons and Complaint) - Held

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  • 03/05/2021
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Trial Setting Conference ((if service is completed)) - Held

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39 More Docket Entries
  • 02/27/2020
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by Armando Reyes (Plaintiff)

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  • 11/19/2019
  • Docketat 08:30 AM in Department 4A; Trial Setting Conference ((if service is completed)) - Not Held - Continued - Party's Motion

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  • 11/19/2019
  • Docketat 08:30 AM in Department 4A; Order to Show Cause Re: Dismissal (for Failure to File Proof of Service of Summons and Complaint) - Not Held - Continued - Party's Motion

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  • 11/19/2019
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal for Failure to File Proof o...)); Filed by Clerk

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  • 09/05/2019
  • Docketat 08:30 AM in Department 4A; Jury Trial - Not Held - Advanced and Vacated

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  • 08/19/2019
  • Docketat 10:00 AM in Department 4A; Final Status Conference - Not Held - Taken Off Calendar by Court

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  • 08/19/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 03/05/2018
  • DocketComplaint; Filed by Armando Reyes (Plaintiff)

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  • 03/05/2018
  • DocketPLAINTIFF ARMANDO REYES'S COMPLAINT FOR DAMAGES

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  • 03/05/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC696324    Hearing Date: February 04, 2021    Dept: 28

Motion To Be Relieved as Counsel

Having considered the moving papers, the Court rules as follows. opposing papers have been filed.

BACKGROUND

On March 5, 2018, Plaintiff Armando Reyes (“Plaintiff”) filed a complaint against Defendants Hipolit Martinez (“Defendant”).  The complaint alleges negligence and negligence per se arising out of a vehicle-bicycle incident that occurred on Marcy 9, 2016.

Defendant filed an answer on August 20, 2020.  

On February 27, 2020, Plaintiff’s counsel, Sandeep G. Agarwal, Esq., filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2).

On March 20, 2020, the Court continued the hearing on the motion to be relieved as counsel to May 14, 2020.

On April 20, 2020, the Court continued the hearing on the motion to be relieved as counsel to August 12, 2020.

On June 1, 2020, the Court continued the hearing on the motion to be relieved as counsel to July 22, 2020.

On July 22, 2020, the Court continued the hearing on the motion to be relieved as counsel to November 17, 2020.

On November 17, 2020, the Court continued the hearing on the motion to be relieved as counsel to February 4, 2021 in order to allow Plaintiff’s counsel to effectuate proper service.  

A Trial Setting Conference is scheduled for March 5, 2021. 

PARTYS REQUEST

Plaintiff’s counsel, Sandeep G. Agarwal, Esq., seeks to be relived as counsel because counsel has been unable to contact Plaintiff because Plaintiff passed away in December 2019.

LEGAL STANDARD

California Rules 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, 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.)

If notice was served upon the client by mail, counsel must attest that “[t]he service address is the last known residence…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. (d)(1)(B).)  If counsel is unable to serve the client at a confirmed address, counsel must serve the moving papers on the Clerk of the Court pursuant to California Code of civil Procedure section 1011, subdivision (b).

DISCUSSION

Plaintiff’s counsel completed forms MC-051, MC-052, and MC-053. Plaintiff’s counsel declares that counsel has been able to contract Plaintiff, or get any cooperation from Plaintiff in order to effectively move the case forward.  Plaintiff’s counsel declares that the motion papers and declaration were served on Plaintiff by mail at the last known address.  However, Plaintiff’s counsel declares that counsel cannot confirm the address because Plaintiff passed away in December 2019. Counsel declares that Plaintiff’s address cannot be confirmed because Plaintiff passed away in December 2019.  On December 1, 2020, Plaintiff’s counsel filed proof of service of notice of this motion’s new hearing date of February 4, 2021.  Plaintiff’s counsel attests that forms MC-051, MC-052, and MC-053 were served on the client’s last known address as well as the Clerk of the Court on December 1, 2020.  There is no suggestion that Plaintiff would be prejudiced or the orderly process of justice would be disrupted if this motion is granted.  

CONCLUSION

The motion is GRANTED.  

Sandeep G. Agarwal, Esq. of The Law Offices of Bob Khakshooy is relieved as counsel for plaintiff Armando Reyes effective upon the filing of the proof of service on Plaintiff of the Order Granting Attorney’s motion to be relieved as counsel.  

Sandeep G. Agarwal, Esq. is ordered to give notice of this ruling and file the proof of service of this ruling with the Court within five days.

The parties are directed to the header of this tentative ruling for further instructions.

Case Number: BC696324    Hearing Date: November 17, 2020    Dept: 28

Motion TBe Relieved as Counsel

Having considered the moving papers, the Court rules as follows. opposing ave been filed.

BACKGROUND

On March 5, 2018, Plaintiff Armando Reyes (“Plaintiff”) filed a complaint against Defendants Hipolit .  The complaint alleges negligence and negligence per se arising out of a vehicle-bicycle incident that occurred on Marcy 9, 2016.

On February 27, 2020, Plaintiff’s counsel, Sandeep G. Agarwal, Esq., filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2).

On March 20, 2020, the Court continued the hearing on the motion to be relieved as counsel to May 14, 2020.

On April 20, 2020, the Court continued the hearing on the motion to be relieved as counsel to August 12, 2020.

On June 1, 2020, the Court continued the hearing on the motion to be relieved as counsel to July 22, 2020.

On July 22, 2020, the Court continued the hearing on the motion to be relieved as counsel to November 17, 2020.

PARTYS REQUEST

Plaintiff’s counsel, Sandeep G. Agarwal, Esq., seeks to be relived as counsel because counsel has been

LEGAL STANDARD

California Rules , motion,

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

If notice was served upon the client by mail, counsel must attest that “[t]he service address is the last known residence…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. rule subd. (d)(1)(B).)  If counsel is unable to serve the client at a confirmed address, counsel must serve the moving papers on the Clerk of the Court pursuant to California Code of civil Procedure section , subdivision (b).

DISCUSSION

Plaintiff’s counsel completed forms MC-051MC-052, and MC-053. Plaintiff’s counsel declares that the motion papers and declaration were served on Plaintiff by mail at the last known address.  However, Plaintiff’s counsel declares that counsel cannot confirm the address because Plaintiff passed away in December 2019.

Counsel declares that Plaintiff’s address cannot be confirmed because Plaintiff passed away in December 2019.  Counsel must serve the moving papers on the Clerk of the Court pursuant to California Code of Civil Procedure section , subdivision (b) and California Rules of Court, rule , subdivision (d). The Court finds it is in the interest of justice to continue the hearing on the motion in order for Plaintiff’s counsel to effectuate proper service.

CONCLUSION

The hearing on the motion is CONTINUED to February 4, 2021 at 8:30 a.m. in Department 28 at Spring Street Courthouse located at 312 North Spring Street, Los Angeles, California 90012.

Sandeep G. Agarwal, Esq. is ordered to give notice of this ruling.

Sandeep G. Agarwal, Esq.

The parties are directed to the header of this tentative ruling for further instructions.

Case Number: BC696324    Hearing Date: July 22, 2020    Dept: 28

Motion To Be Relieved as Counsel

Having considered the moving papers, the Court rules as follows. opposing papers have been filed.

BACKGROUND

On March 5, 2018, Plaintiff Armando Reyes (“Plaintiff”) filed a complaint against Defendants Hipolit Martinez (“Defendant”).  The complaint alleges negligence and negligence per se arising out of a vehicle-bicycle incident that occurred on Marcy 9, 2016.

On February 27, 2020, Plaintiff’s counsel, Sandeep G. Agarwal, Esq., filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2).

On March 20, 2020, the Court continued the hearing on the motion to be relieved as counsel to May 14, 2020.

On April 20, 2020, the Court continued the hearing on the motion to be relieved as counsel to August 12, 2020.

On June 1, 2020, the Court continued the hearing on the motion to be relieved as counsel to July 22, 2020.

Trial has not been set.

PARTYS REQUEST

Plaintiff’s counsel, Sandeep G. Agarwal, Esq., seeks to be relived as counsel because counsel has been unable to contact Plaintiff because Plaintiff passed away in December 2019.

LEGAL STANDARD

California Rules 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, 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.)

If notice was served upon the client by mail, counsel must attest that “[t]he service address is the last known residence…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. (d)(1)(B).)  If counsel is unable to serve the client at a confirmed address, counsel must serve the moving papers on the Clerk of the Court pursuant to California Code of civil Procedure section 1011, subdivision (b).

DISCUSSION

Plaintiff’s counsel completed forms MC-051, MC-052, and MC-053. Plaintiff’s counsel declares that counsel has been able to contract Plaintiff, or get any cooperation from Plaintiff in order to effectively move the case forward.  Plaintiff’s counsel declares that the motion papers and declaration were served on Plaintiff by mail at the last known address.  However, Plaintiff’s counsel declares that counsel cannot confirm the address because Plaintiff passed away in December 2019.

Counsel declares that Plaintiff’s address cannot be confirmed because Plaintiff passed away in December 2019.  Counsel must serve the moving papers on the Clerk of the Court pursuant to California Code of Civil Procedure section 1011, subdivision (b) and California Rules of Court, rule 3.1362, subdivision (d).

CONCLUSION

The hearing on the motion is CONTINUED to November 17, 2020 at 1:30 p.m. in Department 28 at Spring Street Courthouse located at 312 North Spring Street, Los Angeles, California 90012.

Sandeep G. Agarwal, Esq. is ordered to give notice of this ruling.

The parties are directed to the header of this tentative ruling for further instructions.

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