This case was last updated from Los Angeles County Superior Courts on 07/19/2019 at 02:01:29 (UTC).

CHARIS HENRY VS VENTURA NAILS ET AL

Case Summary

On 04/13/2018 a Personal Injury - Other Personal Injury case was filed by CHARIS HENRY against VENTURA NAILS in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2312

  • Filing Date:

    04/13/2018

  • 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

 

Party Details

Plaintiff and Petitioner

HENRY CHARIS

Defendants and Respondents

NGUYEN MIMI

NGUYEN PHIL

VENTURA NAILS

DOES 1 TO 50

 

Court Documents

Other -

4/20/2018: Other -

DEFENDANTS ANSWER TO THE COMPLAINT

6/6/2018: DEFENDANTS ANSWER TO THE COMPLAINT

PROOF OF SERVICE SUMMONS

5/7/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

5/7/2018: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

5/7/2018: PROOF OF SERVICE SUMMONS

 

Docket Entries

  • 06/06/2018
  • Answer; Filed by Ventura Nails (Defendant); Mimi Nguyen (Defendant); Phil Nguyen (Defendant)

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  • 06/06/2018
  • DEFENDANTS ANSWER TO THE COMPLAINT

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  • 05/07/2018
  • PROOF OF SERVICE SUMMONS

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  • 05/07/2018
  • Proof of Service (not Summons and Complaint); Filed by Charis Henry (Plaintiff)

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  • 05/07/2018
  • PROOF OF SERVICE SUMMONS

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  • 05/07/2018
  • Proof of Service (not Summons and Complaint); Filed by Charis Henry (Plaintiff)

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  • 05/07/2018
  • Proof of Service (not Summons and Complaint); Filed by Charis Henry (Plaintiff)

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  • 05/07/2018
  • PROOF OF SERVICE SUMMONS

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  • 04/20/2018
  • Corrected Summons

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  • 04/20/2018
  • Summons; Filed by Charis Henry (Plaintiff)

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  • 04/13/2018
  • Complaint; Filed by Charis Henry (Plaintiff)

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Tentative Rulings

Case Number: BC702312    Hearing Date: January 13, 2020    Dept: 4A

Motion to be Relieved as Counsel

Having considered the moving papers and supplemental proof of service, the Court rules as follows. opposing papers have been filed.

BACKGROUND

On April 13, 2018, Plaintiff Charis Henry (“Plaintiff”) filed a complaint against Defendants Ventura Nails, Mimi Nguyen, and Phil Nguyen (“Defendants”) alleging negligence, premises liability, and products liability for performing a pedicure with unsanitary tools on April 15, 2016.

On October 23, 2019, Plaintiffs counsel, Randall M. Awad, filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2).

On November 20, 2019, the Court continued the hearing on the motion to be relieved as counsel to January 13, 2020 for Randall M. Awad to file a proof of service of the moving papers.

A trial setting conference is set for January 13, 2020.

PARTYS REQUEST

Plaintiffs counsel, Randall M. Awad, seeks to be relieved as counsel due because Mr. Awad’s home was burned in the Saddleridge Fire making it difficult to carry out the representation and Plaintiff has failed to pay attorney’s fees.

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 submitted a proof of service on December 26, 2019 showing the moving papers were served on counsel for Defendants on October 23, 2019.  There is no evidence that Plaintiff’s counsel served the moving papers on Plaintiff on that date.  However, Plaintiff’s counsel served the November 20, 2019 ruling on Plaintiff by U.S. mail on December 3, 2019.  As such, Plaintiff has notice of this motion.

Plaintiff’s counsel declares his home has been rendered uninhabitable from the Saddleridge Fire.  Additionally, Plaintiff has breached an agreement or obligation to pay expenses and fees.  Thus, it would be unreasonably difficult to carry out the representation.

The Court finds the motion is properly granted.  Trial is not set in this matter.  As such, there is no evidence showing Plaintiff would be prejudiced or the orderly process of justice would be disrupted in granting this motion.

The motion is GRANTED.

Randall M. Awad 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.

Randall M. Awad is ordered to give notice of this ruling.

Case Number: BC702312    Hearing Date: November 20, 2019    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 April 13, 2018, Plaintiff Charis Henry (“Plaintiff”) filed a complaint against Defendants Ventura Nails, Mimi Nguyen, and Phil Nguyen (“Defendants”) alleging negligence, premises liability, and products liability for performing a pedicure with unsanitary tools on April 15, 2016.

On October 23, 2019, Plaintiffs counsel, Randall M. Awad, filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2).

A trial setting conference is set for November 20, 2019.

PARTYS REQUEST

Plaintiffs counsel, Randall M. Awad, seeks to be relieved as counsel due because Mr. Awad’s home was burned in the Saddleridge Fire making it difficult to carry out the representation and Plaintiff has failed to pay attorney’s fees.

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 declares he has served the moving papers on Plaintiff in MC-052.  However, there is no proof of service showing when this service was effectuated or if the moving papers were served on Defendants.

Accordingly, the motion is CONTINUED to January 13, 2020 at 1:30 p.m. in Department 4A at Spring Street Courthouse located at 312 North Spring Street, Los Angeles, California 90012.

The Court also CONTINUES the trial setting conference to January 13, 2020 at 1:30 p.m. in Department 4A at Spring Street Courthouse located at 312 North Spring Street, Los Angeles, California 90012.

Randall M. Awad is ordered to file and serve a proof of service by December 27, 2019 showing Plaintiff and Defendants were served with the motion to be relieved as counsel and the supporting papers filed on October 23, 2019.

Randall M. Awad is ordered to give notice of this ruling.