This case was last updated from Los Angeles County Superior Courts on 06/12/2019 at 14:04:56 (UTC).

BARBARA BAKER VS CITY OF LOS ANGELES

Case Summary

On 10/25/2017 BARBARA BAKER 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:

    ****1064

  • Filing Date:

    10/25/2017

  • 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

BAKER BARBARA

Defendants and Respondents

DOES 1 TO 150

LOS ANGELES CITY OF

CITY OF LOS ANGELES CROSS-COMPLAINANT

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

KELLOGG CAROL D. ESQUIRE

BONHOLTZER ERIC

KELLOGG CAROL DEIRDRE

Defendant and Respondent Attorneys

OGHIGIAN CHRISTINA DEPUTY CITY ATTORNEY

SCHMIDT CHRISTINA PATRIZIA

 

Court Documents

Association of Attorney

11/1/2018: Association of Attorney

Notice of Posting of Jury Fees

11/5/2018: Notice of Posting of Jury Fees

Minute Order

4/10/2019: Minute Order

Notice

4/18/2019: Notice

PROOF OF SERVICE ON DEFENDANT

11/17/2017: PROOF OF SERVICE ON DEFENDANT

ANSWER OF THE DEFENDANT CITY OF LOS ANGELES TO PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL

12/8/2017: ANSWER OF THE DEFENDANT CITY OF LOS ANGELES TO PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL

Unknown

12/12/2017: Unknown

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

12/12/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

Unknown

12/13/2017: Unknown

SUMMONS

10/25/2017: SUMMONS

COMPLAINT FOR PERSONAL INJURIES

10/25/2017: COMPLAINT FOR PERSONAL INJURIES

 

Docket Entries

  • 04/25/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Continued - Party's Motion

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  • 04/18/2019
  • Notice (NOTICE OF UNAVAILABILITY OF COUNSEL CHRISTINA SCHMIDT); Filed by City of Los Angeles (Cross-Complainant) (Defendant)

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  • 04/10/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 04/10/2019
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 04/10/2019
  • [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by City of Los Angeles (Cross-Complainant) (Defendant)

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  • 11/05/2018
  • Notice of Posting of Jury Fees; Filed by Barbara Baker (Plaintiff)

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  • 11/01/2018
  • Association of Attorney; Filed by Carol Deirdre Kellogg (Attorney)

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  • 12/13/2017
  • CIVIL DEPOSIT

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  • 12/13/2017
  • Receipt; Filed by City of Los Angeles (Cross-Complainant) (Defendant)

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  • 12/12/2017
  • Cross-Complaint; Filed by City of Los Angeles (Cross-Complainant) (Defendant)

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  • 12/12/2017
  • Summons; Filed by City of Los Angeles (Cross-Complainant) (Defendant)

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  • 12/12/2017
  • Summons on Cross Complaint

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  • 12/12/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 12/08/2017
  • Answer; Filed by City of Los Angeles (Cross-Complainant) (Defendant)

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  • 12/08/2017
  • ANSWER OF THE DEFENDANT CITY OF LOS ANGELES TO PLAINTIFF'S COMPLAINT AND DEMAND FOR JURY TRIAL

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  • 11/17/2017
  • PROOF OF SERVICE ON DEFENDANT

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  • 11/17/2017
  • Proof of Service (not Summons and Complaint); Filed by Barbara Baker (Plaintiff)

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  • 10/25/2017
  • SUMMONS

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  • 10/25/2017
  • Complaint; Filed by Barbara Baker (Plaintiff)

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  • 10/25/2017
  • COMPLAINT FOR PERSONAL INJURIES

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Tentative Rulings

Case Number: BC681064    Hearing Date: January 13, 2020    Dept: 4A

Motion to be Relieved as Counsel

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

BACKGROUND

On October 25, 2017, Plaintiff Barbara Baker (“Plaintiff”) filed a complaint against Defendant City of Los Angeles alleging violations of various Government Code sections for a trip-and-fall that occurred on December 15, 2015.

On December 12, 2017, Defendant/Cross-Complainant City of Los Angeles filed a cross-complaint against Roes 1 through 50 seeking indemnification, apportionment, and declaratory relief.

On November 27, 2019, Plaintiffs counsel, Carol D. Kellogg and Eric Bonholtzer, filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2).

Trial is set for April 21, 2020.

PARTYS REQUEST

Plaintiffs counsel, Carol D. Kellogg and Eric Bonholtzer, seeks to be relieved as counsel due because an irreconcilable breakdown of the attorney-client relationship has arisen.

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, subdivision (2) is brought instead of filing a consent under Code of Civil Procedure section 284, subdivision (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

Plaintiff’s counsel completed forms MC-051, MC-052, and MC-053.  Plaintiff’s counsel served these documents on Plaintiff and Defendant/Cross-Complainant City of Los Angeles by U.S. mail on December 2, 2019.  Plaintiff’s counsel declares an irreconcilable breakdown of the attorney-client relationship has arisen.

The Court finds the motion is properly granted.  Trial is over three months awayPlaintiff has enough time to retain substitute counsel and for that counsel to prepare for trial.  There is no evidence that granting the motion would prejudice Plaintiff or disrupt the orderly process of justice.

The motion is GRANTED.

Carol D. Kellogg and Eric Bonholtzer are 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.

Carol D. Kellogg and Eric Bonholtzer are ordered to give notice of this ruling.