On 03/30/2017 MARIA ISABEL BELZUNCE filed a Contract - Other Contract lawsuit against MADOLINE CASASOLA. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judges overseeing this case are DONNA FIELDS GOLDSTEIN and BENNY C. OSORIO. The case status is Pending - Other Pending.
****6343
03/30/2017
Pending - Other Pending
Los Angeles County Superior Courts
Burbank Courthouse
Los Angeles, California
DONNA FIELDS GOLDSTEIN
BENNY C. OSORIO
ERG HOME HEALTH PROVIDER INC.
BELZUNCE MARIA ISABEL
TEST PARTY FOR TRUST CONVERSION
GRECIA EFMA R.
MADOLINE CASASOLA
CASASOLA MADOLINE
RONALD A. NORMAN
ROBERT N. IVES ESQ.
NORMAN RONALD A.
IVES ROBERT NORTHRUP
GEORGE SCHWARTZ
LAW OFFICE OF GEORGE SCHWARTZ
SCHWARTZ GEORGE
11/12/2019: Motion to Be Relieved as Counsel
12/6/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL; HEARING ON MOTIO...)
3/30/2017: Notice of Case Management Conference
4/5/2017: Application
4/6/2017: Legacy Document - LEGACY DOCUMENT TYPE: MISCELLANEOUS-OTHER
4/11/2017: Application
4/18/2017: Legacy Document - LEGACY DOCUMENT TYPE: OPPOSITION
4/21/2017: Minute Order - MINUTE ORDER ENTERED: 2017-04-21 00:00:00
4/27/2017: Legacy Document - LEGACY DOCUMENT TYPE: MISCELLANEOUS-OTHER
4/28/2017: Answer
5/22/2017: Request For Copies
5/22/2017: Legacy Document - LEGACY DOCUMENT TYPE: RESPONSE
7/17/2017: Legacy Document - LEGACY DOCUMENT TYPE: OPPOSITION
9/8/2017: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore
9/28/2017: Substitution of Attorney
9/14/2018: Minute Order - MINUTE ORDER ENTERED: 2018-09-14 00:00:00
7/10/2019: Minute Order - MINUTE ORDER (PLAINTIFF'S EX-PARTE UNOPPOSED APPLICATION FOR ORDER CONTINUI...)
6/20/2019: Other - - OTHER - FILE RELEASE/VIEWING REQUEST
Hearing01/30/2020 at 08:30 AM in Department B at 300 East Olive, Burbank, CA 91502; Case Management Conference
Hearing01/30/2020 at 08:30 AM in Department B at 300 East Olive, Burbank, CA 91502; Order to Show Cause Re: Status of Representation of Plaintiiff ERG
Docketat 08:30 AM in Department B; Case Management Conference - Not Held - Advanced and Continued - by Court
Docketat 08:30 AM in Department B; Hearing on Motion to be Relieved as Counsel - Held - Motion Granted
Docketat 08:30 AM in Department B; Hearing on Motion to be Relieved as Counsel - Held - Motion Granted
DocketMinute Order ( (Hearing on Motion to be Relieved as Counsel; Hearing on Motio...)); Filed by Clerk
DocketOrder (Court's Order re: Motions to be Relieved as Counsel); Filed by Clerk
DocketProof of Service (not Summons and Complaint); Filed by Maria Isabel Belzunce (Plaintiff); ERG Home Health Provider, Inc. (Plaintiff)
DocketProof of Service (not Summons and Complaint); Filed by Maria Isabel Belzunce (Plaintiff); ERG Home Health Provider, Inc. (Plaintiff)
DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by Robert Northrup Ives (Attorney)
DocketEx-Parte Application; Filed by Maria Isabel Belzunce (Plaintiff); ERG Home Health Provider, Inc. (Plaintiff)
DocketPoints and Authorities; Filed by MADOLINE CASASOLA (Defendant)
DocketMinute order entered: 2017-04-05 00:00:00; Filed by Clerk
DocketApplication ; Filed by Maria Isabel Belzunce (Plaintiff); ERG Home Health Provider, Inc. (Plaintiff)
DocketDeclaration; Filed by MADOLINE CASASOLA (Defendant)
DocketCivil Case Cover Sheet; Filed by Maria Isabel Belzunce (Plaintiff); ERG Home Health Provider, Inc. (Plaintiff)
DocketNotice of Case Management Conference; Filed by Court
DocketSummons; Filed by Maria Isabel Belzunce (Plaintiff); ERG Home Health Provider, Inc. (Plaintiff)
DocketOSC-Failure to File Proof of Serv; Filed by Court
DocketComplaint filed-Summons Issued; Filed by Maria Isabel Belzunce (Plaintiff); ERG Home Health Provider, Inc. (Plaintiff)
Case Number: EC066343 Hearing Date: December 06, 2019 Dept: NCB
North Central District
maria isabel belzunce, et al.,
Plaintiffs,
v.
efma grecia,
Defendant.
|
Case No. EC066343
Hearing Date: December 6, 2019
[TENTATIVE] order RE: motions to be relieved as counsel |
Plaintiffs’ counsel, Robert N. Ives (“Counsel”), moves to be relieved as counsel for Plaintiffs Maria Isabel Belzunce and ERG Home Health Provider, Inc.
Counsel filed the instant motions to be relieved as counsel on November 12, 2019. (The Court notes that there are two copies of the motion to be relieved as counsel for ERG, but the Court will consider the papers filed on November 12, 2019.) Counsel has filed the requisite MC-051 and MC-052 forms pursuant to CRC Rule 3.1362, but has not provided the Court with electronic copies of the proposed order MC-053 forms.
In support of the motion, Counsel provides his declaration detailing the reasons why he moves to be relieved as counsel. Counsel states that Plaintiffs have failed to pay any portion of the attorney’s fees and costs incurred in the prosecution of this case since July 2, 2018, and does not anticipate he will be paid on the overdue statements of fees and services. Counsel also states that he has been unable to communicate with Belzunce for many months, despite sending her emails, making telephone calls, and leaving voice messages to Belzunce and her agents at ERG. He states that he only recently communicated with her when he sent substitutions of attorney on November 4, 2019. He believes there is an irreparable breakdown of the attorney-client relationship. (MC-052, §2 at Attachment 2.)
Counsel caused Plaintiffs to be served with the moving papers by email at Plaintiff’s last known email address, which was confirmed within the past 30 days by email communication. There is no proof of service attached showing that all parties to this action have been served, including Defendant.
The only future hearing date is a Case Management Conference set for December 11, 2019.
CONCLUSION AND ORDER
The Court is inclined to grant the motions to be relieved as counsel. However, by the time of the hearing, Counsel is ordered to: (1) file proofs of service showing that all parties to this action have been timely served with the moving papers; and (2) electronically lodge MC-053 form proposed orders for both motions.
Upon complying with the above orders, the proposed orders electronically lodged by Counsel will be signed at the hearing. The MC-053 orders will become effective upon the filing of a proof of service of a signed copy of the orders on Plaintiffs. Counsel will be required to serve notice of any rulings on the parties including Plaintiffs.
In addition, as ERG is a corporate entity, it cannot represent itself in propia persona. (See Rogers v. Municipal Court (1988) 197 Cal.App.3d 1314, 1318.) Thus, the Court will set an Order to Show Cause re Status of Representation of ERG for January 30, 2020 at 8:30 a.m. The Court also advances the Case Management Conference set for December 11, 2019 to this date and continues it to January 30, 2020 at 8:30 a.m.
Notice to be provided by Counsel to Plaintiff and the other parties.