This case was last updated from Los Angeles County Superior Courts on 09/14/2020 at 02:09:28 (UTC).

PETRA CIFUENTES ET AL VS BRIAN CULLEN ET AL

Case Summary

On 03/06/2018 PETRA CIFUENTES filed a Personal Injury - Motor Vehicle lawsuit against BRIAN CULLEN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are CHRISTOPHER K. LUI and DANIEL M. CROWLEY. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6765

  • Filing Date:

    03/06/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

CHRISTOPHER K. LUI

DANIEL M. CROWLEY

 

Party Details

Plaintiff and Petitioner

CIFUENTES PETRA

Defendants and Respondents

CULLEN BRIAN

CULLEN MICHELLE

DOES 1 TO 25

CULLEN EMMA

Minor

CIFUENTES CATALINA

Attorney/Law Firm Details

Plaintiff, Petitioner and Minor Attorneys

ZEYTUNTSYAN ANDREW ESQ.

ZEYTUNTSYAN ANDRANIK ANDREW

ALEXANDER JOHN PERICLES

Defendant and Respondent Attorneys

HAKOPIAN ANGELIKA

HAKOPIAN ANGELIKA A.

 

Court Documents

Notice Of Rejection - Request For Dismissal

8/28/2020: Notice Of Rejection - Request For Dismissal

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE) OF 08/31/2020

8/31/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE) OF 08/31/2020

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE)

8/31/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO PROSECUTE)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (TRIAL SETTING CONFERENCE) OF 07/30/2020

7/30/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (TRIAL SETTING CONFERENCE) OF 07/30/2020

Minute Order - MINUTE ORDER (COURT ORDER)

4/3/2020: Minute Order - MINUTE ORDER (COURT ORDER)

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

2/14/2020: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

Application And Order For Appointment of Guardian Ad Litem - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM FOR CATALINA

1/13/2020: Application And Order For Appointment of Guardian Ad Litem - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM FOR CATALINA

Proof of Service (not Summons and Complaint)

10/29/2019: Proof of Service (not Summons and Complaint)

Minute Order - MINUTE ORDER (MOTION OF ANDREW ZEYTUNTSYAN TO BE RELIEVED AS COUNSEL FOR PL...)

10/25/2019: Minute Order - MINUTE ORDER (MOTION OF ANDREW ZEYTUNTSYAN TO BE RELIEVED AS COUNSEL FOR PL...)

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

9/19/2019: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Motion to Be Relieved as Counsel

9/19/2019: Motion to Be Relieved as Counsel

Minute Order - MINUTE ORDER (MOTION OF ANDREW ZEYTUNTSYAN TO BE RELIEVED AS COUNSEL FOR PL...)

9/19/2019: Minute Order - MINUTE ORDER (MOTION OF ANDREW ZEYTUNTSYAN TO BE RELIEVED AS COUNSEL FOR PL...)

Proof of Service by Mail

9/5/2019: Proof of Service by Mail

Motion to Be Relieved as Counsel

8/26/2019: Motion to Be Relieved as Counsel

APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

6/12/2018: APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

PROOF OF SERVICE SUMMONS -

6/18/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

6/18/2018: PROOF OF SERVICE SUMMONS -

DEMAND FOR JURY

7/12/2018: DEMAND FOR JURY

24 More Documents Available

 

Docket Entries

  • 08/31/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Order to Show Cause Re: Dismissal (for Failure to Prosecute) - Held

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  • 08/31/2020
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal for Failure to Prosecute)); Filed by Clerk

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  • 08/31/2020
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Dismissal for Failure to Prosecute) of 08/31/2020); Filed by Clerk

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  • 08/28/2020
  • DocketNotice of Rejection - Request For Dismissal; Filed by Clerk

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  • 07/30/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Trial Setting Conference - Held

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  • 07/30/2020
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 07/30/2020
  • DocketCertificate of Mailing for ((Trial Setting Conference) of 07/30/2020); Filed by Clerk

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  • 05/27/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 05/14/2020
  • Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 04/03/2020
  • Docketat 09:49 AM in Department 28, Daniel M. Crowley, Presiding; Court Order

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38 More Docket Entries
  • 07/12/2018
  • DocketCIVIL DEPOSIT

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  • 06/18/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 06/18/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 06/18/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Petra Cifuentes (Plaintiff); Catalina Cifuentes (Plaintiff)

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  • 06/18/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Petra Cifuentes (Plaintiff); Catalina Cifuentes (Plaintiff)

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  • 06/12/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 06/12/2018
  • DocketNOTICE OF REJECTION - APPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 06/12/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM

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  • 03/06/2018
  • DocketComplaint; Filed by Petra Cifuentes (Plaintiff)

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  • 03/06/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC696765    Hearing Date: October 25, 2019    Dept: 4A

MOTION TO BE RELIEVED AS COUNSEL

The Court considered the motion and opposition papers, and rules as follows.

BACKGROUND

On March 6, 2018, Plaintiffs Petra Cifuentes and Catalina Cifuentes, by and through her

guardian ad litem, Petra Cifuentes, (“Plaintiffs”) filed a complaint against Defendants Brian Cullen, Michelle Cullen, and Emma Cullen alleging motor vehicle and general negligence for an automobile collision that occurred on March 26, 2016.

On September 19, 2019, Plaintiffs’ counsel, Andrew Zeytuntsyan, filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2).

Trial is set for December 10, 2019.

REQUEST FOR RELIEF

Plaintiff’s attorney of record, Andrew Zeytuntsyan, seeks to be relieved as counsel for Plaintiff.

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

A review of the motion reveals that it was drafted on the required forms and that the motion was served on the client. Counsel has filed the required forms MC-051, MC-052, and MC-053. The declaration of Counsel states that he confirmed the client’s address by mail, return receipt requested, within the past thirty (30) days. Counsel declares that “[t]he relationship of trust and confidence essential to the attorney-client relationship has ceased to exist and irreconcilable differences have arisen between client and attorney making it unreasonably difficult to carry out the employment effectively.”

Plaintiff opposes this motion. The opposition is a 30-page document, with 10 pages of argument, with remaining 20 pages consisting of exhibits. In the opposition, Plaintiff argues that allowing Counsel to withdraw would cause her substantial prejudice, because “[n]o other lawyer will take this case from Zeytuntsyan law firm, because another lawyer explained to me (and it says in the contract retainer) that if another attorney takes this case and achives [sic] a good settlement, that lawyer will hardly get paid because the lawyer who filed for trial will always receive a big chunk of the settlement.” (Opp. p. 9.) Plaintiff submits no evidence that she contacted other law firms to seek representation. The opposition states merely that Plaintiff contacted “LEGAL AID,” “LOYOLA LAW HELP CENTER,” “CA STATE BAR,” “ATTORNEY REFERAL, and “THE COURT/COURTHOUSE.” There is no evidence that Plaintiff in fact contacted or spoke with an attorney capable of representing Plaintiff in this matter.

That said, this matter has been pending before the Court for almost 600 days. Only now, 46 days before a scheduled jury trial, does Counsel request to be relieved. In light of such short notice, the Court finds that Plaintiff will be prejudiced if the motion is granted as she will have insufficient time to secure replacement counsel and to have her new counsel prepare for the upcoming trial in this matter.

Accordingly, the motion is DENIED.

Andrew Zeytuntsyan is ordered to give notice of the Court’s order.