This case was last updated from Los Angeles County Superior Courts on 11/04/2020 at 01:29:34 (UTC).

GENOVEVA OSUNA VS LUIS ENRIQUE PENA JR ET AL

Case Summary

On 04/18/2018 GENOVEVA OSUNA filed a Personal Injury - Motor Vehicle lawsuit against LUIS ENRIQUE PENA JR. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are STEPHEN I. GOORVITCH and DANIEL M. CROWLEY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2448

  • Filing Date:

    04/18/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

STEPHEN I. GOORVITCH

DANIEL M. CROWLEY

 

Party Details

Plaintiff and Petitioner

OSUNA GENOVEVA

Defendants and Respondents

DOES 1-25

PENA LUIS ENRIQUE JR.

ARELLANO JORGE TRINIDAD MENDEZ

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

HONG PETER J. ESQ.

HONG PETER JOON-SUNG ESQ.

Defendant Attorney

AYOTTE NORMAND ALLISON

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (MOTION OF PETER HONG, AND HONG LAW APC, TO BE RELIEVED AS COU...) OF 11/02/2020

11/2/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (MOTION OF PETER HONG, AND HONG LAW APC, TO BE RELIEVED AS COU...) OF 11/02/2020

Minute Order - MINUTE ORDER (MOTION OF PETER HONG, AND HONG LAW APC, TO BE RELIEVED AS COU...)

11/2/2020: Minute Order - MINUTE ORDER (MOTION OF PETER HONG, AND HONG LAW APC, TO BE RELIEVED AS COU...)

Notice of Ruling

11/2/2020: Notice of Ruling

Minute Order - MINUTE ORDER (COURT ORDER)

4/16/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (COURT ORDER CONTINUING MOTION TO BE RELIEVED)]

3/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (COURT ORDER CONTINUING MOTION TO BE RELIEVED)]

Minute Order - MINUTE ORDER (COURT ORDER CONTINUING MOTION TO BE RELIEVED)

3/17/2020: Minute Order - MINUTE ORDER (COURT ORDER CONTINUING MOTION TO BE RELIEVED)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF RELATED CASES) OF 02/06/2020

2/6/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: NOTICE OF RELATED CASES) OF 02/06/2020

Minute Order - MINUTE ORDER (COURT ORDER RE: NOTICE OF RELATED CASES)

2/6/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: NOTICE OF RELATED CASES)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: RELATED CASES) OF 02/07/2020

2/7/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: RELATED CASES) OF 02/07/2020

Minute Order - MINUTE ORDER (COURT ORDER RE: RELATED CASES)

2/7/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: RELATED CASES)

Motion to Be Relieved as Counsel

2/10/2020: Motion to Be Relieved as Counsel

Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL AND RELATED DATES

8/23/2019: Stipulation and Order - STIPULATION AND ORDER TO CONTINUE TRIAL AND RELATED DATES

Answer - ANSWER TO COMPLAINT

7/5/2019: Answer - ANSWER TO COMPLAINT

NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

9/10/2018: NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

PROOF OF SERVICE OF SUMMONS

8/21/2018: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE SUMMONS -

6/14/2018: PROOF OF SERVICE SUMMONS -

SUMMONS -

4/18/2018: SUMMONS -

COMPLAINT FOR DAMAGES

4/18/2018: COMPLAINT FOR DAMAGES

10 More Documents Available

 

Docket Entries

  • 07/19/2021
  • Hearing07/19/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 07/01/2021
  • Hearing07/01/2021 at 10:00 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 04/19/2021
  • Hearing04/19/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

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  • 11/02/2020
  • Docketat 1:30 PM in Department 28, Daniel M. Crowley, Presiding; Trial Setting Conference - Held

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  • 11/02/2020
  • Docketat 1:30 PM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion to be Relieved as Counsel - Held - Motion Granted

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  • 11/02/2020
  • DocketCertificate of Mailing for ((Motion of Peter Hong, and Hong Law APC, to be Relieved as Cou...) of 11/02/2020); Filed by Clerk

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  • 11/02/2020
  • DocketNotice of Ruling; Filed by Genoveva Osuna (Plaintiff)

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  • 11/02/2020
  • DocketMinute Order ( (Motion of Peter Hong, and Hong Law APC, to be Relieved as Cou...)); Filed by Clerk

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  • 07/16/2020
  • DocketNotice of Hearing on Petition; Filed by Genoveva Osuna (Plaintiff)

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  • 07/10/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Trial Setting Conference - Held - Continued

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26 More Docket Entries
  • 07/05/2019
  • DocketAnswer (to Complaint); Filed by Luis Enrique JR. Pena (Defendant)

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  • 09/10/2018
  • DocketNOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

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  • 09/10/2018
  • DocketNotice of Change of Address or Other Contact Information; Filed by Genoveva Osuna (Plaintiff)

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  • 08/21/2018
  • DocketProof-Service/Summons; Filed by Genoveva Osuna (Plaintiff)

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  • 08/21/2018
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 06/14/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 06/14/2018
  • DocketProof-Service/Summons; Filed by Genoveva Osuna (Plaintiff)

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  • 04/18/2018
  • DocketComplaint; Filed by Genoveva Osuna (Plaintiff)

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  • 04/18/2018
  • DocketCOMPLAINT FOR DAMAGES

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  • 04/18/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC702448    Hearing Date: November 02, 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 April 18, 2018, Plaintiff Genoveva Osuna (“Plaintiff”) filed a complaint against Defendants Luis Enrique Pena Jr., Jorge Trinidad Mendez Arellano (collectively “Defendants”).  Plaintiff alleges negligence and negligence per se in her complaint for a motor vehicle collision that occurred on April 20, 2016.

On February 10, 2020, Peter Hong and Hong Law APC, counsel for Plaintiff, filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2).

On March 17, 2020, the Court continued the hearing on the motion to be relieved as counsel to May 1, 2020.

On April 16, 2020, the Court continued the hearing on the motion to be relieved as counsel to July 10, 2020.

On July 10, 2020, the Court continued the hearing on the motion to be relieved as counsel to November 2, 2020.

A trial setting conference is scheduled for November 2, 2020.

PARTIES REQUEST

Peter Hong and Hong Law APC seek to be relieved as counsel for Plaintiff because Plaintiff has made it unreasonably difficult for her counsel to carry out her representation effectively. her counsel’s request to be relieved. 

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(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 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

The Court found Peter Hong and Hong Law APC complied with California Rule 3.1362 in the Court’s July 10, 2020 minute order.  However, Peter Hong and Hong Law APC did not give notice of the March 17, 2020 or the April 16, 2020 continuances and, thus, continued the hearing again.  Peter Hong and Hong Law APC served notice of the Court’s July 10, 2020 ruling on July 16, 2020 by U.S. mail.  (7/16/20 Filing.)  As such, the Court finds sufficient notice of this hearing has been provided to the parties who have appeared in this action – Plaintiff and Defendant Luis Enrique Pena Jr.

The Court finds no prejudice will be presented to Plaintiff nor will the orderly process of justice will not be disrupted if this motion is granted.  Trial is not scheduled.  The July 16, 2020 notice of ruling also provided notice of the Court’s continuance of the trial setting conference to November 2, 2020 at 1:30 p.m.  Accordingly, the motion is properly granted.

CONCLUSION

Peter Hong and Hong Law APC 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.

Peter Hong and Hong Law APC are ordered to give notice of this ruling.

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

Case Number: BC702448    Hearing Date: July 10, 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 April 18, 2018, Plaintiff Genoveva Osuna (“Plaintiff”) filed a complaint against Defendants Luis Enrique Pena Jr., Jorge Trinidad Mendez Arellano, and Does 1-25 (collectively, “Defendants”), alleging causes of action for negligence and negligence per se for a motor vehicle collision that occurred on April 20, 2016.

On February 10, 2020, Peter Hong, counsel for Plaintiff (“Counsel”), filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2).

On March 17, 2020, the Court continued the hearing on the motion to be relieved as counsel to May 1, 2020.

On April 16, 2020, the Court continued the hearing on the motion to be relieved as counsel to July 10, 2020.

A trial setting conference is scheduled for July 10, 2020.

PARTY’S REQUEST

Peter Hong (“Counsel”) seeks to be relieved as counsel for Plaintiff because Plaintiff has made it unreasonably difficult for Counsel to carry out his representation effectively.

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(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 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

Counsel has completed and filed forms MC-051, MC-052, and MC-053.  These documents were served on Plaintiff and Defendants’ counsel on February 10, 2020 by U.S. mail.  It should be noted that Counsel declares that he was unable to confirm within the past 30 days whether Plaintiff’s last known address is current, after making the efforts of:  1) mailing the motion papers to Plaintiff’s last known address with return receipt requested; 2) calling Plaintiff’s last known telephone number; and 3) conducting a search via an investigative locate report[sic] on August 29, 2019, and skip tracing on February 9, 2020.  

The Court finds Counsel has complied with California Rule of Court rule 3.1362, but Counsel has not provided notice of the March 17, 2020 or the April 16, 2020 continuances.  As such, Plaintiff does not have sufficient notice of this hearing and it must be continued.

CONCLUSION

The hearing on Counsel’s motion to be relieved as counsel is CONTINUED to November 2, 2020 at 1:30 p.m. in Department 28 of Spring Street Courthouse located at 312 North Spring Street, Los Angeles, California 90012.

On the Court’s own motion, the trial setting conference is advanced to this date and CONTINUED to November 2, 2020 at 1:30 p.m. in Department 28 of Spring Street Courthouse located at the same address as stated above.

Counsel is ordered to give notice of this ruling.

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