This case was last updated from Los Angeles County Superior Courts on 05/31/2019 at 05:52:01 (UTC).

FRANCES SANTANA VS SMS SECURITY INC ET AL

Case Summary

On 01/31/2017 FRANCES SANTANA filed a Labor - Wrongful Termination lawsuit against SMS SECURITY 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 Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8957

  • Filing Date:

    01/31/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Labor - Wrongful Termination

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

RANDOLPH M. HAMMOCK

 

Party Details

Plaintiff and Petitioner

SANTANA FRANCES

Defendants and Respondents

SMIGEL SHAWN

DOES 1 TO 100

SMS SECURITY INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SHEGERIAN CARNEY R. ESQ.

SHEGERIAN CARNEY RICHARD ESQ.

 

Court Documents

STIPULATION TO CONTINUE HEARING DATE [PROPOSED] ORDER DECLAKATION OF MONIQUE EGINLI; EXHIBITS

4/11/2018: STIPULATION TO CONTINUE HEARING DATE [PROPOSED] ORDER DECLAKATION OF MONIQUE EGINLI; EXHIBITS

Minute Order

4/13/2018: Minute Order

Minute Order

8/2/2018: Minute Order

Minute Order

11/13/2018: Minute Order

Minute Order

12/28/2018: Minute Order

Request for Entry of Default / Judgment

1/2/2019: Request for Entry of Default / Judgment

Declaration

1/2/2019: Declaration

Declaration

1/2/2019: Declaration

Notice

2/25/2019: Notice

REQUEST FOR DISMISSAL

3/9/2017: REQUEST FOR DISMISSAL

Unknown

3/23/2017: Unknown

Unknown

3/28/2017: Unknown

REQUEST FOR ENTRY OF DEFAULT

6/27/2017: REQUEST FOR ENTRY OF DEFAULT

STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

8/10/2017: STATEMENT OF DAMAGES (PERSONAL INJURY OR WRONGFUL DEATH)

REQUEST FOR ENTRY OF DEFAULT

8/10/2017: REQUEST FOR ENTRY OF DEFAULT

Minute Order

8/14/2017: Minute Order

REQUEST FOR ENTRY OF DEFAULT

9/12/2017: REQUEST FOR ENTRY OF DEFAULT

PLAINTIFF FRANCES SANTANA'S FIRST AMENDED COMPLAINT FOR DAMAGES FOR: (1) DISCRIMINATION ON THE BASIS OF GENDER IN VIOLATION OF FEHA; ETC

11/22/2017: PLAINTIFF FRANCES SANTANA'S FIRST AMENDED COMPLAINT FOR DAMAGES FOR: (1) DISCRIMINATION ON THE BASIS OF GENDER IN VIOLATION OF FEHA; ETC

32 More Documents Available

 

Docket Entries

  • 02/27/2019
  • at 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Order to Show Cause Re: (Default Judgment) - Not Held - Advanced and Vacated

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  • 02/25/2019
  • Notice (NTC OF ENTRY OF JUDGMENT (SANTANA)); Filed by Frances Santana (Plaintiff)

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  • 02/19/2019
  • Judgment; Filed by Frances Santana (Plaintiff)

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  • 01/02/2019
  • at 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Non-Appearance Case Review

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  • 01/02/2019
  • Minute Order ((Non-Appearance Case Review)); Filed by Clerk

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  • 01/02/2019
  • Certificate of Mailing for (Minute Order (Non-Appearance Case Review) of 01/02/2019); Filed by Clerk

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  • 01/02/2019
  • Declaration (Re Interest); Filed by Frances Santana (Plaintiff)

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  • 01/02/2019
  • Declaration (of Carney Shegerian); Filed by Frances Santana (Plaintiff)

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  • 01/02/2019
  • Declaration (of Frances Santana); Filed by Frances Santana (Plaintiff)

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  • 01/02/2019
  • Request for Entry of Default / Judgment; Filed by Frances Santana (Plaintiff)

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73 More Docket Entries
  • 03/09/2017
  • REQUEST FOR DISMISSAL

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  • 02/14/2017
  • Proof-Service/Summons; Filed by Frances Santana (Plaintiff)

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  • 02/14/2017
  • PROOF OF SERVICE SUMMONS

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  • 02/09/2017
  • Proof-Service/Summons; Filed by Frances Santana (Plaintiff)

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  • 02/09/2017
  • PROOF OF SERVICE SUMMONS

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  • 02/03/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 02/03/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 01/31/2017
  • SUMMONS

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  • 01/31/2017
  • PLAINTIFF FRANCES SANTANA'S COMPLAINT FOR DAMAGES FOR: (1) DISCRIMINATION ON THE BASIS OF GENDER IN VIOLATION OF FEHA; ETC

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  • 01/31/2017
  • Complaint; Filed by Frances Santana (Plaintiff)

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Tentative Rulings

Case Number: BC648957    Hearing Date: October 08, 2020    Dept: 47

Frances Santana v. SMS Security, Inc., et al.

 

GIVEN THE CURRENT CORONAVIRUS CRISIS, THE COURT STRONGLY ENCOURAGES REMOTE APPEARENCES BY “LACourtConnect.” PLEASE MAKE SUCH ARRANGEMENTS IF YOU WISH TO APPEAR REMOTELY AT WWW.LACOURT.ORG/LACC/. NO OTHER TYPES OF REMOTE APPEARANCES ARE AVAILABLE FOR THIS PARTICULAR COURTROOM, INCLUDING COURT CALL. IF YOU APPEAR IN PERSON AT THE HEARING, YOU WILL BE SUBJECT TO ALL SOCIAL DISTANCING RULES, INCLUDING THE WEARING OF AN APPROPRIATE FACE MASK/COVERING (ABSENT ANY EXCEPTIONAL CIRCUMSTANCES) AS CONTAINED IN THE APPLICABLE GENERAL ORDERS ISSUED BY THE PRESIDING JUDGE OF THE L.A.S.C.

 

 

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Attorney Carney Shegerian, as counsel for Plaintiff Frances Santana.

RESPONDING PARTY(S): No opposition on eCourt as of September 26, 2020.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is a sexual harassment FEHA action in which Plaintiff alleged that she was sexually harassed by the CEO of Defendant SMS.

Attorney Carney Shegerian, Esq. moves to be relieved as counsel for Plainitff.

TENTATIVE RULING:

Attorney Carney R. Shegerian’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.

DISCUSSION:

Motion To Be Relieved as Counsel

Attorney Carney R. Shegerian moves to be relieved as counsel for Plaintiff Frances Santana.

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 client and the opposing party.

In his declaration, moving counsel states that there has been an irremediable breakdown in the attorney-client relationship. (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, there are no future hearings currently scheduled in this case. (MC-052 ¶ 4; MC-053 ¶ 7.) Therefore, it does not appear that Plaintiff would be prejudiced by allowing her attorney to withdraw. In addition, because Plaintiff is suing in her individual capacity, she could choose to represent herself in pro per.

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.

Moving counsel to give notice, unless waived.

IT IS SO ORDERED.

Dated: October 8, 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 by no later than 4:00 p.m. the day before the hearing.  All interested parties must be copied on the email.  It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.

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