This case was last updated from Los Angeles County Superior Courts on 06/13/2021 at 04:27:19 (UTC).

CONSTANCE A SHONAFELT, AS TRUSTEE OF THE SHONAFELT FAMILY TRUST, ET AL. VS CLASSIC PROPERTY MANAGEMENT, INC., A CALIFORNIA CORPORATION

Case Summary

On 12/06/2019 CONSTANCE A SHONAFELT, AS TRUSTEE OF THE SHONAFELT FAMILY TRUST, filed a Contract - Other Contract lawsuit against CLASSIC PROPERTY MANAGEMENT, INC , A CALIFORNIA CORPORATION. This case was filed in Los Angeles County Superior Courts, Compton Courthouse located in Los Angeles, California. The Judge overseeing this case is KRISTIN S. ESCALANTE. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0341

  • Filing Date:

    12/06/2019

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

KRISTIN S. ESCALANTE

 

Party Details

Plaintiffs

SHONAFELT AS TRUSTEE OF THE SHONAFELT FAMILY TRUST CONSTANCE A

THE SHONAFELT FAMILY TRUST

Defendants and Cross Defendants

CLASSIC PROPERTY MANAGEMENT INC. A CALIFORNIA CORPORATION

WILLIAMS TONY

HEMINGWAY STEVEN A DBA CLASSIC RENTALS

HEMINGWAY STEVEN A

HEMINGWAY AN INDIVIDUAL STEVEN A DBA

ROE 1 TO 10

Defendants and Cross Plaintiffs

HEMINGWAY STEVEN A DBA CLASSIC RENTALS

HEMINGWAY AN INDIVIDUAL STEVEN A DBA

Attorney/Law Firm Details

Plaintiff Attorney

SHONAFELT MICHAEL

Defendant Attorneys

LEWIS JOHN PAUL

VOSS DAVID CRAIN

 

Court Documents

Request for Dismissal

6/7/2021: Request for Dismissal

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL PURSUANT TO CRC, RULE 3.138...)

4/12/2021: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL PURSUANT TO CRC, RULE 3.138...)

Notice - NOTICE OF CONTINUED ORDER TO SHOW CAUSE RE: DISMISSAL

4/12/2021: Notice - NOTICE OF CONTINUED ORDER TO SHOW CAUSE RE: DISMISSAL

Notice - AMENDED NOTICE OF CONTINUED ORDER TO SHOW CAUSE HEARING RE DISMISSAL

4/13/2021: Notice - AMENDED NOTICE OF CONTINUED ORDER TO SHOW CAUSE HEARING RE DISMISSAL

Notice of Case Reassignment and Order for Plaintiff to Give Notice

2/10/2021: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Proof of Service by Mail

2/16/2021: Proof of Service by Mail

Notice of Settlement

2/25/2021: Notice of Settlement

Order to Show Cause re: Dismissal (Settlement)

2/26/2021: Order to Show Cause re: Dismissal (Settlement)

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

12/8/2020: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL)

11/17/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL)

Clerks Certificate of Service By Electronic Service

11/18/2020: Clerks Certificate of Service By Electronic Service

Declaration - DECLARATION OF RONDI J. WALSH IN SUPPORT OF PLAINTIFFS' OPPOSITION TO WOOD, SMITH, HENNING & BERMAN LLP'S MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANTS STEVEN A. HEMINGWAY AND STEVEN A

11/3/2020: Declaration - DECLARATION OF RONDI J. WALSH IN SUPPORT OF PLAINTIFFS' OPPOSITION TO WOOD, SMITH, HENNING & BERMAN LLP'S MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANTS STEVEN A. HEMINGWAY AND STEVEN A

Opposition - OPPOSITION PLAINTIFFS' OPPOSITION TO WOOD, SMITH, HENNING & BERMAN LLP'S MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANTS STEVEN A. HEMINGWAY AND STEVEN A. HEMINGWAY DBA CLASSIC RENTALS

11/3/2020: Opposition - OPPOSITION PLAINTIFFS' OPPOSITION TO WOOD, SMITH, HENNING & BERMAN LLP'S MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANTS STEVEN A. HEMINGWAY AND STEVEN A. HEMINGWAY DBA CLASSIC RENTALS

Declaration - DECLARATION OF J. PAUL LEWIS IN SUPPORT OF REPLY TO WOOD, SMITH, HENNING & BERMAN LLP'S MOTION TO BE RELIVED AS COUNSEL

11/6/2020: Declaration - DECLARATION OF J. PAUL LEWIS IN SUPPORT OF REPLY TO WOOD, SMITH, HENNING & BERMAN LLP'S MOTION TO BE RELIVED AS COUNSEL

Reply - REPLY WOOD, SMITH, HENNING & BERMAN LLP'S REPLY IN SUPPORT OF MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT STEVEN A. HEMINGWAY, INDIVIDUALLY, AND DOING BUSINESS AS CLASSIC RENTALS

11/6/2020: Reply - REPLY WOOD, SMITH, HENNING & BERMAN LLP'S REPLY IN SUPPORT OF MOTION TO BE RELIEVED AS COUNSEL FOR DEFENDANT STEVEN A. HEMINGWAY, INDIVIDUALLY, AND DOING BUSINESS AS CLASSIC RENTALS

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

10/23/2020: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Proof of Service (not Summons and Complaint)

10/23/2020: Proof of Service (not Summons and Complaint)

Motion to Be Relieved as Counsel

10/23/2020: Motion to Be Relieved as Counsel

42 More Documents Available

 

Docket Entries

  • 06/11/2021
  • Docketat 08:30 AM in Department A, Kristin S. Escalante, Presiding; Order to Show Cause Re: Dismissal (Pursuant to CRC, Rule 3.1385(b) and (c)) - Not Held - Vacated by Court

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  • 06/07/2021
  • DocketRequest for Dismissal; Filed by Constance A Shonafelt, as Trustee of the Shonafelt Family Trust (Plaintiff); the Shonafelt Family Trust (Plaintiff)

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  • 04/13/2021
  • DocketAmended Notice of Continued Order to Show Cause Hearing re Dismissal; Filed by Constance A Shonafelt, as Trustee of the Shonafelt Family Trust (Plaintiff); the Shonafelt Family Trust (Plaintiff)

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  • 04/12/2021
  • Docketat 08:30 AM in Department A, Kristin S. Escalante, Presiding; Order to Show Cause Re: Dismissal (Pursuant to CRC, Rule 3.1385(b) and (c)) - Held - Continued

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  • 04/12/2021
  • DocketNotice (of Continued Order to Show Cause re: Dismissal); Filed by Constance A Shonafelt, as Trustee of the Shonafelt Family Trust (Plaintiff); the Shonafelt Family Trust (Plaintiff)

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  • 04/12/2021
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal Pursuant to CRC, Rule 3.138...)); Filed by Clerk

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  • 03/24/2021
  • Docketat 08:30 AM in Department A, Kristin S. Escalante, Presiding; Post-Mediation Status Conference - Not Held - Vacated by Court

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  • 02/26/2021
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by Clerk

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  • 02/25/2021
  • DocketNotice of Settlement ((Conditional)); Filed by Constance A Shonafelt, as Trustee of the Shonafelt Family Trust (Plaintiff); the Shonafelt Family Trust (Plaintiff)

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  • 02/16/2021
  • DocketProof of Service by Mail; Filed by Constance A Shonafelt, as Trustee of the Shonafelt Family Trust (Plaintiff); the Shonafelt Family Trust (Plaintiff)

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47 More Docket Entries
  • 01/22/2020
  • DocketAmended Complaint ((1st)); Filed by Constance A Shonafelt, as Trustee of the Shonafelt Family Trust (Plaintiff); the Shonafelt Family Trust (Plaintiff)

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  • 01/22/2020
  • DocketSummons (on Amended Complaint (1st)); Filed by Clerk

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  • 01/22/2020
  • DocketAmended Complaint; Filed by Constance A Shonafelt, as Trustee of the Shonafelt Family Trust (Plaintiff); the Shonafelt Family Trust (Plaintiff)

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  • 12/31/2019
  • DocketProof of Personal Service; Filed by Constance A Shonafelt, as Trustee of the Shonafelt Family Trust (Plaintiff); the Shonafelt Family Trust (Plaintiff)

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  • 12/06/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 12/06/2019
  • DocketAddendum; Filed by Constance A Shonafelt, as Trustee of the Shonafelt Family Trust (Plaintiff); the Shonafelt Family Trust (Plaintiff)

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  • 12/06/2019
  • DocketSummons (on Complaint); Filed by Constance A Shonafelt, as Trustee of the Shonafelt Family Trust (Plaintiff); the Shonafelt Family Trust (Plaintiff)

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  • 12/06/2019
  • DocketCivil Case Cover Sheet; Filed by Constance A Shonafelt, as Trustee of the Shonafelt Family Trust (Plaintiff); the Shonafelt Family Trust (Plaintiff)

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  • 12/06/2019
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 12/06/2019
  • DocketComplaint; Filed by Constance A Shonafelt, as Trustee of the Shonafelt Family Trust (Plaintiff); the Shonafelt Family Trust (Plaintiff)

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Tentative Rulings

Case Number: *******0341    Hearing Date: November 17, 2020    Dept: A

# 6. Constance A. Shonafelt, et al., v. Classic Property Management, Inc., et al.

Case No.: *******0341

Matter on calendar for: motion to be relieved as counsel

Tentative ruling:

  1. Background

This action arises out of a fire that occurred in a condominium unit owned by Plaintiffs. Plaintiffs allege that manager Defendants negligently hired and supervised the worker Defendant Williams, and Williams negligently installed a microwave resulting in the fire. Plaintiffs further allege that manager Defendants failed to repair the damage caused by the fire. On December 6, 2019, Plaintiffs filed this action against Defendants. Plaintiffs filed the operative Second Amended Complaint on March 25, 2020 alleging causes of action for:

  1. Negligence;

  2. Breach of Contract;

  3. Breach of Implied Warranty of Good Faith and Fair Dealing;

  4. Violation of Business and Professions Code ;; 7031(b)/7118; and

  5. Declaratory Relief.

    J.Paul Lewis and Steven Scordakis, counsel for Defendant Steven A. Hemingway dba Classic Rentals, now move to be relieved as counsel. The motion is opposed by Plaintiffs.

    For the reasons set forth below, the Court grants the motion contingent on counsel’s filing a proposed order on form MC-053 that also notes the March 24, 2021 post-mediation status conference.

  1. Standard

California Code of Civil Procedure ; 284(2) provides that “[an] attorney in an action or special proceeding may be changed at any time before or after judgment or final determination…upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” Additionally, attorneys seeking to be relieved as counsel must comply with California Rules of Professional Conduct, Rule 1.16, in seeking to be relieved.

A motion to be relieved as counsel must comport with California Rules of Court Rule 3.1362. The Rule requires the notice of motion and motion to be on the Judicial Council of California form MC-051, and the declaration to be on form MC-052. The proposed order must be form MC-053.

  1. Analysis

    Counsel has provided mandatory form MC-052 and complied with the requirements of Rule 3.1362.

    Counsel declares the following: “J. Paul Lewis, Esq., Steven Scordakis, Esq. and the law firm of Wood, Smith, Henning & Berman LLP seeks to withdraw as counsel for Steven A. Hemingway, individually, and doing business as Classic Rentals based upon California Rules of Professional Conduct 1.16(b)(5). Mr. Hemin[g]way's insurance carrier, Hiscox, is asserting a $25,000 policy sub-limit for defense and indemnity, which is now exhausted. Hiscox will not pay defense counsel's bills beyond the $25,000 sub-limit and Mr. Hemin[g]way has failed to execute Wood, Smith, Henning & Berman LLP's retainer agreement or pay the required retainer since it was provided to him on August 27, 2020. No prejudice will be suffered by Mr. Hemingway because the current trial date is July 19, 2021 and Mr. Hemingway has ample time to retain new counsel if he desires. No written discovery is currently pending and no depositions are currently on calendar in this matter.”

    Plaintiffs oppose, arguing that the Motion should be denied because Hemingway’s insurance carrier, Hiscox, is attempting to wash its hands of this action and evade its duty to cover, defend and indemnify its policyholder within the policy limits.

    In reply, counsel argues that Plaintiffs are arguing the merits of the case and the motion to withdraw may be properly granted as there is a conflict of interest and Defendant is not paying attorney’s fees and costs. Counsel states that an actual conflict of interest now exists based upon ongoing conflicted directions and instructions being provided by Hemingway and Hiscox to it.

    The Court finds counsel’s declaration sufficient to grant withdrawal and does not find any prejudice to the parties by withdrawal. However, counsel has not provided the proposed order on form MC-053. Further, counsel has not provided notice of the March 24, 2021 post-mediation status conference.

    Accordingly, the motion is granted contingent on counsel filing a proposed order on form MC-053 that also notes the March 24, 2021 post-mediation status conference.

  2. Ruling

    The motion to be relieved as counsel is granted contingent on counsel filing a proposed order on form MC-053 that also notes the March 24, 2021 post-mediation status conference. The order becomes effective upon filing of proof of service of the order on the client.

    Next dates:

    Notice:



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