This case was last updated from Los Angeles County Superior Courts on 10/25/2020 at 05:42:05 (UTC).

LILIAN ISELA MORALES COMPARINI VS JOSE MANUEL BARAJAS SERRAN

Case Summary

On 06/12/2018 LILIAN ISELA MORALES COMPARINI filed a Personal Injury - Other Personal Injury lawsuit against JOSE MANUEL BARAJAS SERRAN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are BARBARA A. MEIERS and CHRISTOPHER K. LUI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9812

  • Filing Date:

    06/12/2018

  • 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

Judge Details

Presiding Judges

BARBARA A. MEIERS

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Petitioner

COMPARINI LILLIAN ISELA MORALES

Defendants, Respondents and Not Classified By Court

SERRANO JOSE MANUEL BARAJAS

LOS ANGELES CITY OF

BARAJAS JOSE MANUEL

DOES 1 TO 30

TOPETE JUAN

SERRANO JOSE MANUEL BARAJAS AKA JOSE MANUEL BARAJAS

CITY OF LOS ANGELES

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

MIDDLETON LYLE F. ESQ.

MIDDLETON LYLE F.

Defendant Attorneys

FEUER MICHAEL N. CITY ATTORNEY

FEUER MICHAEL N. ESQ.

MCALEER MATTHEW WILLIAM

MCALEER MATTHEW WILLIAM ESQ.

MCALEER MATTHEW W.

FEUER MICHAEL N.

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: STATUS OF AN ADDRESS FOR PLAINTIFF LI...) OF 10/21/2020

10/21/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: STATUS OF AN ADDRESS FOR PLAINTIFF LI...) OF 10/21/2020

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; HEARING ON MOTION TO BE RELIEVED ...)

9/30/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; HEARING ON MOTION TO BE RELIEVED ...)

Motion for Judgment on the Pleadings

9/30/2020: Motion for Judgment on the Pleadings

Notice and Acknowledgment of Receipt

7/13/2020: Notice and Acknowledgment of Receipt

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: FAILURE T...)

7/14/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: FAILURE T...)

Answer

6/16/2020: Answer

Application for Publication

6/5/2020: Application for Publication

Notice of Rejection - Ex Parte Application Without Hearing - NOTICE OF REJECTION - EX PARTE APPLICATION WITHOUT HEARING FOR PUBLICATION RE: JUAN

5/7/2020: Notice of Rejection - Ex Parte Application Without Hearing - NOTICE OF REJECTION - EX PARTE APPLICATION WITHOUT HEARING FOR PUBLICATION RE: JUAN

Notice of Ruling

3/20/2020: Notice of Ruling

Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

3/20/2020: Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER) OF 03/20/2020

3/20/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER) OF 03/20/2020

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

2/28/2020: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

2/19/2020: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR JUDGMENT ON THE PLEADINGS)

2/19/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR JUDGMENT ON THE PLEADINGS)

Opposition - OPPOSITION OPPOSITION TO JUDGMENT ON THE PLEADINGS

2/4/2020: Opposition - OPPOSITION OPPOSITION TO JUDGMENT ON THE PLEADINGS

Notice of Case Reassignment and Order for Plaintiff to Give Notice

1/13/2020: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Notice of Ruling

9/30/2019: Notice of Ruling

ORDER ON COURT FEE WAIVER -

6/12/2018: ORDER ON COURT FEE WAIVER -

54 More Documents Available

 

Docket Entries

  • 10/28/2020
  • Hearing10/28/2020 at 08:30 AM in Department 76 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Status of an address for Plaintiff Lilian Isela Morales Comparini

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  • 10/28/2020
  • Hearing10/28/2020 at 08:30 AM in Department 76 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion for Judgment on the Pleadings

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  • 10/28/2020
  • Hearing10/28/2020 at 08:30 AM in Department 76 at 111 North Hill Street, Los Angeles, CA 90012; Case Management Conference

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  • 10/23/2020
  • DocketNotice of Ruling (ON ORDER TO SHOW CAUSE RE: STATUS AND MOTION TO BE RELIEVED AS COUNSEL); Filed by Lillian Isela Morales Comparini (Plaintiff)

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  • 10/22/2020
  • DocketNotice (of Non-Opposition to DF's Motion for Judgment on the Pleadings); Filed by City of Los Angeles (Defendant)

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  • 10/21/2020
  • Docketat 1:30 PM in Department 76, Christopher K. Lui, Presiding; Order to Show Cause Re: (Status of an address for Plaintiff Lilian Isela Morales Comparini) - Not Held - Continued - Court's Motion

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  • 10/21/2020
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Status of an address for Plaintiff Li...) of 10/21/2020); Filed by Clerk

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  • 10/21/2020
  • DocketMinute Order ( (Order to Show Cause Re: Status of an address for Plaintiff Li...)); Filed by Clerk

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  • 10/21/2020
  • DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Filed by Lyle F. Middleton (Attorney)

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  • 09/30/2020
  • Docketat 09:00 AM in Department 76, Christopher K. Lui, Presiding; Case Management Conference - Held - Taken under Submission

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78 More Docket Entries
  • 09/24/2018
  • DocketNOTICE TO ADVERSE PARTY RE: REMOVAL OF ACTION TO FEDERAL COURT

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  • 07/23/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 07/23/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 06/12/2018
  • DocketRequest to Waive Court Fees

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  • 06/12/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 06/12/2018
  • DocketORDER ON COURT FEE WAIVER

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  • 06/12/2018
  • DocketRequest to Waive Court Fees; Filed by Plaintiff/Petitioner

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  • 06/12/2018
  • DocketSUMMONS

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  • 06/12/2018
  • DocketComplaint; Filed by Lillian Isela Morales Comparini (Plaintiff)

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  • 06/12/2018
  • DocketRequest-Waive Court Fees

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Tentative Rulings

Case Number: BC709812    Hearing Date: September 30, 2020    Dept: 76

Plaintiff alleges that Defendant Barajas stole Plaintiff’s car, but when Plaintiff regained possession, Defendant falsely claimed that Plaintiff stole the car from Plaintiff. Defendant LAPD Officer Topete allegedly caused Plaintiff to be arrested and placed in jail, and attempted to obtain a liability release as against Defendant Barajas from Plaintiff to obtain return of the vehicle. Defendant Barajas still have possession of the vehicle despite Plaintiff’s demands for its return.

Attorney Lyle F. Middleton, moves to be relieved as counsel for Plaintiff Lillian Isela Morales Comparini.

TENTATIVE RULING

Attorney Lyle F. Middleton’s motion to be relieved as counsel for Plaintiff Lillian Isela Morales Comparini is GRANTED.

Analysis

Motions To Be Relieved As Counsel

Attorney Lyle F. Middleton, moves to be relieved as counsel for Plaintiff Lillian Isela Morales Comparini.

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 Calif. Rules of Court, Rule 3.1362(a), (c), (e)). These three forms must be served on must be served on the client and on all other parties who have appeared in the case. (Calif. Rules of court, Rule 3.1362(d).)

The Court may issue an order allowing an attorney to withdraw from representation, after notice to the client. (Code Civ. Proc. § 284(2).) 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 such withdraw 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.)

There has been a complete breakdown of communication with the client, such that counsel cannot proceed with adequately representing the client. The client has refused to particulate in discovery and refuses to follow counsel’s advice. Declaration of Lyle F. Middleton.

There is no trial date currently set. This gives the client time to locate new counsel, if she chooses to do so, as may represent herself in pro per.

Here, permitting withdrawal of counsel is appropriate, as the counsel cannot prepare without the client’s cooperation.

All mandatory Judicial Council forms have been submitted.

The motion to be relieved as counsel is GRANTED. This order shall become effective upon the filing of the proof of service of the signed order upon the client.