On 08/01/2017 MICHAEL J FOWLER filed a Property - Other Property Fraud lawsuit against ALANNA MITCHELL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ROBERT L. HESS and ELIZABETH ALLEN WHITE. The case status is Pending - Other Pending.
****0883
08/01/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
ROBERT L. HESS
ELIZABETH ALLEN WHITE
FOWLER MICHAEL J.
DOES 1-15 INCLUSIVE
KOLETTE ALANNA
DOES 1 TO 15
MITCHELL ALANNA
VAN DERHAM KATARINA AKA KATARINA VANDERHAM FKA KATARINA AMBRUSOVA
CURIEL ANGELICA AKA ANGELICA GOLDFINGER
MITCHELL ALANNA AKA ALANNA KOLETTE AKA ALLANNA KOLETTE
BRADY YULIVA AKA JULIA BRADY AKA JULIA RUSS FKA YULIYA MIKHAYLOVA
TABLACK ANDREW
KVD BRAND INC. DBA VIVA GLAM MAGAZINE A CORPORATION
MITCHELL ALANNA AKA ALANNA KOLETTE
BOVINO DAVID A. ESQ.
MARIA GORECKI
BOVINO DAVID A.
NAZARIAN JOSEPH
3/14/2018: PLAINTIFF MICHAEL J. FOWLER?S NOTICE OF MOTION AND MOTION TO COMPEL. PRODUCTION OF DOCUMENTS AND ETC
3/14/2018: DECLARATION OF DAVID A. BOVINO IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORJES AND ETC
3/14/2018: DECLARATION OF DAVID A. BOVINO IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND FOR REIMBURSEMENT OF REASONABLE ATTORNEYS FEES AND COSTS; ETC
4/5/2018: PLAINTIFF MICHAEL J. FOWLER'S NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DEFENDANT'S NEW IPHONE AND FOR REIMBURSEMENT FROM DEFENDANT AND HER ATTORNEY OF REASONABLE ATTORNEY FEES AND COSTS; AN
4/23/2018: DECLARATION OF DAVID A. BOVINO IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL DEFENDANT TO ANSWER QUESTION AT DEPOSITION AND FOR REIMBURSEMENT FROM DEFENDANT AND HER ARIORNEY OF REASONABLE ATTORNEYS FEES
5/11/2018: Minute Order
5/11/2018: PLAINTIFF MICHAEL J. FOWLER?S FIRST AMENDED COMPLAINT FOR: 1. VIOLATION OF RACKETEER INFLUENCED ANT) CORRUPT ORGAMZATIONS ACT, 18 U.S.C. ? 1962(C) 2. VIOLATION OF RACKETEER INFLUENCED AND CORRUPT ORGA
5/16/2018: NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE
5/22/2018: ORDER GRANTING PLAINTIFF MICHAEL J. FOWLER'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT TO CONFORM TO EVIDENCE
12/14/2018: Declaration
1/25/2019: Opposition
2/15/2019: Unknown
4/10/2019: Notice
11/28/2017: NOTICE OF AGREEMENT TO ACCEPT SERVICE BY E-MAIL
11/13/2017: PLAINTIFF MICHAEL J. FOWLER'S REPLY TO DEFENDANT ALANNA MITCHELL A/K/A ALANNA KOLETTE'S OPPOSITION TO PLAINTIFF'S DEMURRER TO CROSS-COMPLAINT
11/3/2017: DEFENDANT/CROSS-COMPLAINANT'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF/CROSS-DEFENDANT'S DEMURRER TO THE CROSS- COMPLAINT
9/14/2017: Unknown
8/3/2017: SUMMONS
at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion to Compel Further Discovery Responses - Not Held - Continued - Ex Parte Motion
at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer - Held - Motion Denied
at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Case Management Conference - Held - Continued
Minute Order ( (Hearing on Defendant Alanna Mitchell a/k/a Allanna Kolette's ...)); Filed by Clerk
Ruling: Motion to Strike Re: Second Amended Complaint; Filed by Clerk
Notice of Ruling (Following Case Management Conferene on April 23, 2019); Filed by Michael J. Fowler (Plaintiff)
Reply (Defendant's Reply to Plaintiff's Opposition re Motion to Strike Punitive Damages re SAC); Filed by Alanna Mitchell (Defendant)
at 08:30 AM in Department 48, Elizabeth Allen White, Presiding; Hearing on Motion to be Admitted Pro Hac Vice - Not Held - Taken Off Calendar by Party
Notice (of Taking Hearing Off Calendar for the Application for Ronald Rossi to Appear as Counsel Pro Hac Vice for Plaintiff Michael J. Fowler); Filed by Michael J. Fowler (Plaintiff)
Proof of Personal Service; Filed by Michael J. Fowler (Plaintiff)
DEFENDANT ALANNA MITCHELL AKA A1JLANNA KOLETTE'S ANSWER TO PLAINTIFF MICHAEL J. FOWLER'S UNVERIFIED COMPLAINT
Proof-Service/Summons; Filed by Michael J. Fowler (Plaintiff)
PROOF OF SERVICE SUMMONS
NOTICE OF CASE MANAGEMENT CONFERENCE
Notice of Case Management Conference; Filed by Clerk
SUMMONS
Summons; Filed by Michael J. Fowler (Plaintiff)
COMPLAINT FOR UNJUST ENRICHMENT AND CONVERSION, VIOLATION OF THE CFAA, VIOLATION OF ECPA: 1. UNJUST ENRICHMENT ;ETC
Complaint; Filed by Michael J. Fowler (Plaintiff)
at 08:32 AM in Department Legacy; Unknown event
Case Number: BC670883 Hearing Date: December 20, 2019 Dept: 48
MOTION TO BE RELIEVED AS COUNSEL
MOVING PARTY: Attorneys Melissa DeJoie, Marita Gorecki and Meg E. Smith, counsel for Plaintiff Michael J. Fowler
RESPONDING PARTY(S): No opposition filed.
PROOF OF SERVICE:
ANALYSIS
Motion to Be Relieved As Counsel
The client has breached an agreement or obligation as to expenses or fees. Declaration, ¶ 2.
The hearing on the motion to be relieved as counsel is GRANTED. The order shall become effective upon the filing of the proof of service of the signed order upon the client.
Case Number: BC670883 Hearing Date: November 26, 2019 Dept: 48
MOTION TO BE RELIEVED AS COUNSEL
MOVING PARTY: Attorneys Melissa DeJoie, Marita Gorecki and Meg E. Smith, counsel for Plaintiff Michael J. Fowler
RESPONDING PARTY(S): No opposition filed.
PROOF OF SERVICE:
ANALYSIS
Motion to Be Relieved As Counsel
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 CRC 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. Rule 3.1362(d).
The Court may issue an order allowing an attorney to withdraw from representation, after notice to the client. CCP § 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 the 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 withdrawal 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.
The Declaration does not offer any reason for the withdrawal. Declaration, ¶ 2. Although attorney-client privileged communications are required to be kept confidential, moving party must at least give a generalized description of the reason for withdrawal.
Accordingly, the hearing on the motion to be relieved as counsel is CONTINUED to December 20, 2019. By no later than December 13, 2019, moving party is to file a supplemental declaration addressing the above-identified deficiency, and to file a proof of service regarding notice of the motion and of the continuance.