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This case was last updated from Los Angeles County Superior Courts on 05/27/2019 at 02:10:42 (UTC).

MICHAEL GREEN ET AL VS CASA VIEJA GRILL ET AL

Case Summary

On 09/12/2017 MICHAEL GREEN filed a Personal Injury - Other Personal Injury lawsuit against CASA VIEJA GRILL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5529

  • Filing Date:

    09/12/2017

  • 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 Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiffs and Petitioners

GREEN MICHAEL

ATKINSON FREDERICK

Defendants and Respondents

GARCIA OLMEDO ELISEO

DOES 1 TO 50

CASA VIEJA GRILL

GRILL CASA VIEJA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

THALHEIMER BERNARD J. ESQ.

THALHEIMER BERNARD JOSEPH

KAHN ROBERT

Defendant and Respondent Attorneys

SMITH FRED B. ESQ.

SMITH FREDERICK BRUCE

 

Court Documents

Minute Order

2/26/2019: Minute Order

Stipulation and Order

2/26/2019: Stipulation and Order

Substitution of Attorney

3/29/2019: Substitution of Attorney

Notice of Motion

5/2/2019: Notice of Motion

Unknown

8/10/2018: Unknown

Other -

12/4/2017: Other -

Answer

12/4/2017: Answer

PROOF OF SERVICE SUMMONS

10/13/2017: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

10/13/2017: PROOF OF SERVICE SUMMONS

SUMMONS

9/12/2017: SUMMONS

COMPLAINT FOR DAMAGES 1, STRICT LIABILITY 2. BREACH OF IMPLIED WARRANTY 3. NEGLIGENCE

9/12/2017: COMPLAINT FOR DAMAGES 1, STRICT LIABILITY 2. BREACH OF IMPLIED WARRANTY 3. NEGLIGENCE

 

Docket Entries

  • 05/02/2019
  • Notice of Motion; Filed by MICHAEL GREEN (Plaintiff)

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  • 03/29/2019
  • Substitution of Attorney; Filed by MICHAEL GREEN (Plaintiff)

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  • 03/12/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 02/26/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 02/26/2019
  • Minute Order ( (Final Status Conference)); Filed by Clerk

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  • 02/26/2019
  • Stipulation and Order ([Proposed Order] and Stipulation to Continue Trial, FSC [And Related Motion/Discovery Dates] Person Injury Courts Only (Central District)); Filed by MICHAEL GREEN (Plaintiff); FREDERICK ATKINSON (Plaintiff)

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  • 12/12/2018
  • at 1:30 PM in Department 4; Hearing on Motion for Summary Judgment

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  • 08/10/2018
  • CIVIL DEPOSIT

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  • 08/10/2018
  • Receipt; Filed by CASA VIEJA GRILL (Defendant)

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  • 12/04/2017
  • Answer

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  • 12/04/2017
  • Demand for Jury Trial

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  • 12/04/2017
  • Demand for Jury Trial; Filed by CASA VIEJA GRILL (Defendant); OLMEDO ELISEO GARCIA (Defendant)

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  • 12/04/2017
  • Answer; Filed by CASA VIEJA GRILL (Defendant); OLMEDO ELISEO GARCIA (Defendant)

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  • 10/13/2017
  • Proof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 10/13/2017
  • Proof-Service/Summons; Filed by Plaintiff/Petitioner

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  • 10/13/2017
  • PROOF OF SERVICE SUMMONS

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  • 10/13/2017
  • PROOF OF SERVICE SUMMONS

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  • 09/12/2017
  • COMPLAINT FOR DAMAGES 1, STRICT LIABILITY 2. BREACH OF IMPLIED WARRANTY 3. NEGLIGENCE

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  • 09/12/2017
  • Complaint; Filed by MICHAEL GREEN (Plaintiff); FREDERICK ATKINSON (Plaintiff)

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  • 09/12/2017
  • SUMMONS

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Tentative Rulings

Case Number: BC675529    Hearing Date: July 14, 2020    Dept: 28

Motion to be Relieved as Counsel

Having considered the moving papers, the Court rules as follows. No opposing papers have been filed.

BACKGROUND

On September 12, 2017, Plaintiffs Michael Green and Frederick Atkinson (“Atkinson”) (collectively, “Plaintiffs”) filed a complaint against Defendants Casa Vieja Grill, Olmedo Eliseo Garcia, and Does 1-50 (collectively, “Defendants”). Plaintiffs allege that on July 16, 2017, they were customers at Defendant restaurant Casa Vieja Grill, where they ordered food prepared by Defendants and subsequently suffered severe illness due to food poisoning.  The complaint alleges causes of action for strict liability, breach of implied warranty, and negligence.  

On January 23, 2020, attorney Barry P. Goldberg (“Counsel”) filed a Notice of Change of Handling Attorney Within Firm, requesting to replace Bernard J. Thalheimer as the counsel of record for Plaintiff Atkinson. 

On February 11, 2020, Counsel filed a motion to be relieved as counsel as to Plaintiff Atkinson pursuant to California Code of Civil Procedure section 284, subdivision (2). 

On April 16, 2020, the Court continued the hearing on the motion to be relieved as counsel to July 14, 2020.

A trial setting conference is scheduled for August 31, 2020.

PARTY’S REQUEST

Counsel seeks to be relieved as counsel for Plaintiff Atkinson because Atkinson died on or around November 3, 2018, from ailments unrelated to the personal injuries sustained in this case.  Accordingly, Counsel asserts that Atkinsons personal injury causes of action for which his office was retained are moot as a matter of law.  Counsel further declares that to the extent Atkinson still has a viable survivor cause of action against Defendants, Counsel’s office was not retained for such purposes.

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 initially notes that opposing papers had be filed and personally served on June 30, 2020, at the latest, to conform with the mandates of California Code of Civil Procedure section 1005.  No opposing papers were timely filed and served.  The Court exercises its discretion in refusing to consider any late opposing papers pursuant to California Rules of Court, rule 3.1300, subdivision (d).

Counsel has completed and filed forms MC-051, MC-052, and MC-053. Counsel declares that he served Plaintiff Atkinson’s executor of estate by mail at Atkinson’s last known address.  However, Counsel did not attach or file proof of service as to any of the relevant forms

Counsel further declares that he was unable to confirm that Plaintiff’s address is current, after making efforts to mail the motion papers to Plaintiff’s last known address with return receipt requested, calling Atkinson’s last known telephone number, and contacting Plaintiff Michael Green and his counsel regarding the whereabouts of Atkinson’s wife, Kathleen Atkinson.

The Court finds that the motion is not properly granted. It is unclear who Plaintiff Atkinson’s successor-in-interest is.  Without proof of service of the moving papers on the executor of estate, the Court cannot ascertain whether any person knows of Plaintiff Atkinson’s suitAs such, whoever holds Plaintiff Atkinson’s interest in this litigation would be prejudiced in granting this motion.

CONCLUSION

The motion is DENIED.

Counsel is ordered to give notice of this ruling.

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

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