This case was last updated from Los Angeles County Superior Courts on 05/30/2019 at 05:45:03 (UTC).

MELINDA BROWN ET AL VS CAROL MALLONEE ET AL

Case Summary

On 12/15/2017 MELINDA BROWN filed a Personal Injury - Motor Vehicle lawsuit against CAROL MALLONEE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6699

  • Filing Date:

    12/15/2017

  • 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

 

Party Details

Plaintiffs and Petitioners

REID MATHEW

BROWN MELINDA

Defendants and Respondents

MALLONEE TIFFANY

MALLONEE CAROL

DOES 1 TO 25

DIAZ JUAN NOE

PERGAMENT SETH TREVOR

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ASHOURI NATALIE; ESQ.

MILLER JENNIFER E

Defendant Attorneys

HURLEY BETH ESQ.

EPSTEIN BOB J. ESQ.

MYERS JEFFREY CABOT

 

Court Documents

PROOF OF SERVICE SUMMONS

1/19/2018: PROOF OF SERVICE SUMMONS

NOTICE OF POSTING JURY FEES

2/15/2018: NOTICE OF POSTING JURY FEES

CROSS COMPLAINT - PERS. INJURY PROPERTY DAMAGE, WRONG DEATH (2 PAGES)

2/15/2018: CROSS COMPLAINT - PERS. INJURY PROPERTY DAMAGE, WRONG DEATH (2 PAGES)

Unknown

2/15/2018: Unknown

PROOF OF SERVICE SUMMONS

4/3/2018: PROOF OF SERVICE SUMMONS

NOTICE OF ASSOCIATION OF COUNSEL

7/12/2018: NOTICE OF ASSOCIATION OF COUNSEL

NOTICE OF MOTION AND MOTION FOR AN ORDER SEEKING LEAVE OF FILE COURT TO FILE A CROSS-COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BETH HURLEY

8/2/2018: NOTICE OF MOTION AND MOTION FOR AN ORDER SEEKING LEAVE OF FILE COURT TO FILE A CROSS-COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BETH HURLEY

ORDER RE: MOTION FOR AN ORDER SEEKING LEAVE TO FILE A CROSS-COMPLAINT

9/24/2018: ORDER RE: MOTION FOR AN ORDER SEEKING LEAVE TO FILE A CROSS-COMPLAINT

NOTICE OF CHANGE OF FIRM ADDRESS

10/1/2018: NOTICE OF CHANGE OF FIRM ADDRESS

Amendment to Complaint (Fictitious/Incorrect Name)

1/23/2019: Amendment to Complaint (Fictitious/Incorrect Name)

Proof of Personal Service

1/29/2019: Proof of Personal Service

Answer

2/19/2019: Answer

Unknown

2/19/2019: Unknown

Stipulation and Order

3/15/2019: Stipulation and Order

Request for Refund / Order

5/6/2019: Request for Refund / Order

CoverSheet

12/15/2017: CoverSheet

Summons

12/15/2017: Summons

Complaint

12/15/2017: Complaint

16 More Documents Available

 

Docket Entries

  • 05/06/2019
  • Request for Refund / Order

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  • 04/16/2019
  • Answer; Filed by Seth Trevor Pergament (Defendant)

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  • 03/15/2019
  • Substitution of Attorney; Filed by Carol Mallonee (Defendant)

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  • 03/15/2019
  • Stipulation and Order (to Continue Trial); Filed by Carol Mallonee (Defendant); Tiffany Mallonee (Defendant)

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  • 03/07/2019
  • Association of Attorney; Filed by Carol Mallonee (Defendant); Tiffany Mallonee (Defendant)

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  • 02/19/2019
  • Notice of Deposit - Jury; Filed by Mathew Reid (Plaintiff)

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  • 02/19/2019
  • Demand for Jury Trial; Filed by Mathew Reid (Plaintiff)

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  • 02/19/2019
  • Answer; Filed by Mathew Reid (Plaintiff)

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  • 01/29/2019
  • Proof of Personal Service; Filed by Carol Mallonee (Defendant); Tiffany Mallonee (Defendant)

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  • 01/23/2019
  • Amendment to Complaint (Fictitious/Incorrect Name); Filed by Melinda Brown (Plaintiff); Mathew Reid (Plaintiff)

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21 More Docket Entries
  • 02/15/2018
  • General Denial; Filed by Carol Mallonee (Defendant); Tiffany Mallonee (Defendant)

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  • 02/15/2018
  • Receipt; Filed by Carol Mallonee (Defendant); Tiffany Mallonee (Defendant)

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  • 02/15/2018
  • Notice; Filed by Carol Mallonee (Defendant); Tiffany Mallonee (Defendant)

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  • 02/15/2018
  • Summons; Filed by Carol Mallonee (Defendant); Tiffany Mallonee (Defendant)

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  • 02/15/2018
  • Cross-Complaint; Filed by Carol Mallonee (Defendant); Tiffany Mallonee (Defendant)

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  • 01/19/2018
  • Proof of Service (not Summons and Complaint); Filed by Melinda Brown (Plaintiff); Mathew Reid (Plaintiff)

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  • 01/19/2018
  • PROOF OF SERVICE SUMMONS

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  • 12/15/2017
  • Summons; Filed by null

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  • 12/15/2017
  • Complaint

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  • 12/15/2017
  • Complaint; Filed by Melinda Brown (Plaintiff); Mathew Reid (Plaintiff)

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Tentative Rulings

Case Number: BC686699    Hearing Date: March 16, 2020    Dept: 28

The court considered the moving papers. 

BACKGROUND

On December 15, 2017, Plaintiffs Melinda Brown (“Brown”) and Matthew Reid (“Reid”) (collectively “Plaintiffs”) filed a complaint against Defendants Carole Mallonee and Tiffany Mallonee (collectively “Defendants”), asserting causes of action for motor vehicle and general negligence.

On February 15, 2018, Defendants filed an answer to the complaint.  Defendants also filed a cross-complaint against Cross-Defendant Seth Pergament (“Pergament”), asserting causes of action for apportionment of fault, indemnification, and declaratory relief. 

On May 11, 2018, Pergament filed an answer to the cross-complaint. 

On September 26, 2018, Defendants filed an Amendment to Cross-Complaint, naming Reid as DOE 1. 

On January 23, 2019, Plaintiffs filed an Amendment to Complaint, naming Pergament as DOE 1.

On February 19, 2019, Reid filed an answer to the cross-complaint.

On April 16, 2019, Pergament filed an answer to the complaint.

REQUESTS

Bob J. Epstein (“Counsel”) moves to be relieved as counsel for Pergament in this action. 

LEGAL STANDARD

C.C.P. §284 provides, as follows:

The attorney in an action or special proceeding may be changed at any time before or after judgment of final determination, as follows:

1.¿Upon the consent of both client and attorney, filed with the clerk, or entered upon the minutes;

2.¿Upon the order of the court, upon the application of either client or attorney, after notice from one to the other.

DISCUSSION

Counsel moves to be relieved as counsel for Pergament.

Counsel did not file a proof of service showing Pergament was timely and properly served with the Notice of Motion and Motion to be Relieved as Counsel (MC-051), Declaration (MC-052), and Proposed Order (MC-053). (See CRC 3.1362(d).)

Assuming proper and timely service, Counsel is entitled to an order relieving him as the attorney for Pergament. Counsel filed forms MC-051, MC-052, and MC-053. Counsel also provided a proper reason for the withdrawal - an irreparable breakdown of the attorney-client relationship. (Declaration of Epstein, pg. 1.) Additionally, Pergament will not suffer prejudice if the motion is granted. Trial is set for May 6, 2020.  The Court can continue the trial and related dates, if warranted. 

Based on the foregoing, the motion to be relieved as counsel is granted provided Counsel establishes Pergament was timely and properly served with MC-051, MC-052, and MC-053. 

CONCLUSION

The motion to be relieved as counsel is granted provided Counsel establishes Pergament was timely and properly served with the Notice of Motion and Motion to be Relieved as Counsel (MC-051), Declaration (MC-052), and Proposed Order (MC-053).