MICHAEL L. MOORE VS CYNTHIA S. RUHL
Case Summary
On 10/18/2019 MICHAEL L MOORE filed a Contract - Other Contract lawsuit against CYNTHIA S RUHL. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judge overseeing this case is DEIRDRE HILL. The case status is Pending - Other Pending.
Case Details
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Case Number:
*******0935
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Filing Date:
10/18/2019
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Case Status:
Pending - Other Pending
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Court:
Los Angeles County Superior Courts
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Courthouse:
Torrance Courthouse
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County, State:
Los Angeles, California
Judge Details
Presiding Judge
DEIRDRE HILL
Party Details
Plaintiff
MOORE MICHAEL L.
Defendant
RUHL CYNTHIA S.
Attorney/Law Firm Details
Plaintiff Attorney
HINSHAW DAVID C
Defendant Attorney
BENAVIDES JOEL L.
Court Documents
3/23/2021: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil
3/23/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL)
3/24/2021: Notice of Ruling
2/18/2021: Motion to Be Relieved as Counsel
2/1/2021: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)
10/27/2020: Stipulation and Order - STIPULATION AND ORDER JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE
7/28/2020: Stipulation and Order - JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE FOR CASE MANAGEMENT CONFERENCE APPROXIMATELY 90 DAYS.
3/27/2020: Response - DECLARATION OF DAVID C. HINSHAW IN RESPONSE TO ORDER TO SHOW CAUSE
4/1/2020: Stipulation and Order - JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND VACATING OSC
4/2/2020: Notice - NOTICE NOTICE OF UNAVAILABILITY OF COUNSEL AND REQUEST FOR ELECTRONIC SERVICE
2/5/2020: Stipulation and Order - JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE FOR CASE MANAGEMENT CONFERENCE AND ORDER TO SHOW CAUSE HEARING
12/17/2019: Answer - DEFENDANT CYNTHIA S. RUHLS ANSWER TO PLAINTIFF MICHAEL L. MOORES UNVERIFIED COMPLAINT
12/24/2019: Request for Refund / Order
10/25/2019: Notice of Case Management Conference
11/5/2019: Proof of Personal Service - PROOF OF PERSONAL SERVICE OF SUMMONS
10/18/2019: Summons - SUMMONS ON COMPLAINT
10/18/2019: Civil Case Cover Sheet
10/18/2019: Notice of Case Assignment - Unlimited Civil Case
Docket Entries
- 05/28/2021
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Hearing05/28/2021 at 08:30 AM in Department M at 825 Maple Ave., Torrance, CA 90503; Case Management Conference
- 03/24/2021
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DocketNotice of Ruling; Filed by Cynthia S. Ruhl (Defendant)
- 03/23/2021
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Docketat 08:30 AM in Department M, Deirdre Hill, Presiding; Hearing on Motion to be Relieved as Counsel - Held - Motion Granted
- 03/23/2021
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DocketMinute Order ( (Hearing on Motion to be Relieved as Counsel)); Filed by Clerk
- 03/23/2021
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DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Filed by Cynthia S. Ruhl (Defendant)
- 02/18/2021
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DocketMotion to Be Relieved as Counsel; Filed by Cynthia S. Ruhl (Defendant)
- 02/18/2021
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DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by Cynthia S. Ruhl (Defendant)
- 02/10/2021
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Docketat 08:30 AM in Department M, Deirdre Hill, Presiding; Case Management Conference - Not Held - Advanced and Continued - by Court
- 02/01/2021
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Docketat 10:46 AM in Department M, Deirdre Hill, Presiding; Non-Appearance Case Review
- 02/01/2021
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DocketStipulation and Order (Joint Stipulation & [Proposed] Order Continuing CMC); Filed by Cynthia S. Ruhl (Defendant)
- 02/05/2020
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DocketJoint Stipulation and [Proposed] Order Continuing Hearing Date for Case Management Conference and Order to Show Cause Hearing; Filed by Cynthia S. Ruhl (Defendant)
- 12/24/2019
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DocketRequest for Refund / Order; Filed by Cynthia S. Ruhl (Defendant)
- 12/17/2019
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DocketDEFENDANT CYNTHIA S. RUHL?S ANSWER TO PLAINTIFF MICHAEL L. MOORE?S UNVERIFIED COMPLAINT; Filed by Cynthia S. Ruhl (Defendant); Cynthia S. Ruhl (Defendant)
- 11/05/2019
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DocketProof of Personal Service (of Summons); Filed by Michael L. Moore (Plaintiff)
- 10/25/2019
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DocketOrder to Show Cause (Hearing); Filed by Clerk
- 10/25/2019
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DocketNotice of Case Management Conference; Filed by Clerk
- 10/18/2019
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DocketCivil Case Cover Sheet; Filed by Michael L. Moore (Plaintiff)
- 10/18/2019
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DocketSummons (on Complaint); Filed by Michael L. Moore (Plaintiff)
- 10/18/2019
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DocketComplaint; Filed by Michael L. Moore (Plaintiff)
- 10/18/2019
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DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk
Tentative Rulings
Case Number: 19TRCV00935 Hearing Date: March 23, 2021 Dept: M
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Superior
Court of Southwest District Torrance Dept. M |
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MICHAEL L. MOORE, |
Plaintiff, |
Case No.: |
19TRCV000935 |
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vs. |
[Tentative] RULING |
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CYNTHIA S. RUHL, |
Defendant. |
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Hearing Date: March 23, 2021
Moving Parties: Attorney Joel L. Benavides, Esq. and Greenberg, Whitcombe, Takeuchi & Gibson, LLP, representing defendant Cynthia S. Ruhl
Responding Party: None
Motion to Be Relieved as Counsel
The court considered the moving papers.
RULING
The motion is GRANTED. The court orders that the attorney is relieved as counsel of record for defendant Cynthia S. Ruhl, effective upon the filing of the proof of service of the signed “Order Granting Attorney’s Motion to Be Relieved as Counsel – Civil” (Judicial Council form MC-053) upon the client.
BACKGROUND
On October 18, 2019, plaintiff Michael L. Moore filed a complaint against Cynthia S. Ruhl for breach of written partnership agreement, breach of contract, breach of fiduciary duty, dissolution of partnership agreement, accounting, and financial elder abuse.
A CMC is set for May 28, 2021.
LEGAL STANDARD
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; People v. Prince (1968) 268 Cal. App. 2d 398.
CRC 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)).
DISCUSSION
Defendant Cynthia S. Ruhl’s attorney of record, Joel L. Benavides, Esq. and Greenberg, Whitcombe, Takeuchi & Gibson, LLP seek to be relieved as counsel.
Counsel states in his declaration that there has been an irreconcilable breakdown in the attorney-client relationship such that counsel cannot continue representation in this action consistent with its professional and ethical obligations and the client is delinquent in payment for legal services and costs relating to this action.
The court finds that the attorney submitted a declaration establishing that the service requirements of California Rules of Court, Rule 3.1362, have been satisfied. The court also finds that the attorney has shown sufficient reasons why the motion to be relieved as counsel should be granted and why the attorney has brought a motion under Code of Civil Procedure § 284(2) instead of filing a consent under § 284(1).
The motion is GRANTED.
Moving counsel is ordered to give notice of this ruling.
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