This case was last updated from Los Angeles County Superior Courts on 06/14/2019 at 08:00:38 (UTC).

RAMON REYES MICHEL VS LOS ANGELES COUNTY MTA ET AL

Case Summary

On 02/07/2017 RAMON REYES MICHEL filed a Personal Injury - Motor Vehicle lawsuit against LOS ANGELES COUNTY MTA. 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:

    ****9202

  • Filing Date:

    02/07/2017

  • 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

Judge Details

Presiding Judge

CHRISTOPHER K. LUI

 

Party Details

Plaintiff and Petitioner

MICHEL RAMON REYES

Defendants and Respondents

DOES 2-50

LOS ANGELES COUNTY METROPOLITAN

DOE JOHN

MV TRANSPORTATION INC. DOE 1

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

AKIVA NIAMEHR LLP

OSTOIA ADINA ASPEN

Defendant Attorney

HERZOG VANESSA KATHRYN

 

Court Documents

AMENDMENT TO COMPLAINT

1/19/2018: AMENDMENT TO COMPLAINT

ORDER AND STIPULATION TO CONTINUE TRIAL FSC AND RELATED MOTION DISCOVERY DATES PERSONAL INJURY COURTS ONLY CENTRAL DISTRICT

6/11/2018: ORDER AND STIPULATION TO CONTINUE TRIAL FSC AND RELATED MOTION DISCOVERY DATES PERSONAL INJURY COURTS ONLY CENTRAL DISTRICT

NOTICE OF TAKING JULY 19, 2018 INFORMAL DISCOVERY CONFERENCE OFF CALENDAR

7/16/2018: NOTICE OF TAKING JULY 19, 2018 INFORMAL DISCOVERY CONFERENCE OFF CALENDAR

INFORMAL DISCOVERY CONFERENCE FORM FOR PERSONAL INJURY COURTS

7/19/2018: INFORMAL DISCOVERY CONFERENCE FORM FOR PERSONAL INJURY COURTS

ORDER AND STIPULATION TO CONTINUE TRIAL FSC AND RELATED MOTION DISCOVERY DATES PERSONAL INJURY COURTS ONLY CENTRAL DISTRICT

9/24/2018: ORDER AND STIPULATION TO CONTINUE TRIAL FSC AND RELATED MOTION DISCOVERY DATES PERSONAL INJURY COURTS ONLY CENTRAL DISTRICT

Ex Parte Application

1/4/2019: Ex Parte Application

Minute Order

1/8/2019: Minute Order

Notice of Ruling

1/15/2019: Notice of Ruling

Notice of Change of Address or Other Contact Information

3/28/2019: Notice of Change of Address or Other Contact Information

Notice of Change of Firm Name

3/28/2019: Notice of Change of Firm Name

Unknown

5/7/2019: Unknown

Notice of Settlement

5/7/2019: Notice of Settlement

Minute Order

5/7/2019: Minute Order

PLAINTIFF'S NOTICE OF POSTING JURY FEES

2/7/2017: PLAINTIFF'S NOTICE OF POSTING JURY FEES

Unknown

2/7/2017: Unknown

COMPLAINT FOR DAMAGES FOR 1. NEGLIGENCE; ETC

2/7/2017: COMPLAINT FOR DAMAGES FOR 1. NEGLIGENCE; ETC

PROOF OF SERVICE SUMMONS

2/8/2017: PROOF OF SERVICE SUMMONS

SUBSTITUTION OF ATTORNEY

8/16/2017: SUBSTITUTION OF ATTORNEY

9 More Documents Available

 

Docket Entries

  • 06/07/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 05/07/2019
  • at 11:15 AM in Department 4A, Christopher K. Lui, Presiding; Non-Appearance Case Review

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  • 05/07/2019
  • Certificate of Mailing for (Minute Order (Non-Appearance Case Review Re Notice of Settlement) of 05/07/2019); Filed by Clerk

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  • 05/07/2019
  • Notice of Settlement; Filed by Ramon Reyes Michel (Plaintiff)

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  • 05/07/2019
  • Minute Order ( (Non-Appearance Case Review Re Notice of Settlement)); Filed by Clerk

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  • 03/28/2019
  • Notice of Change of Firm Name; Filed by Ramon Reyes Michel (Plaintiff)

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  • 03/28/2019
  • Notice of Change of Address or Other Contact Information; Filed by Adina Aspen Ostoia (Attorney)

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  • 03/25/2019
  • Request for Refund / Order (as defendant Los Angeles Metropolitan Transportation Authority); Filed by Los Angeles County Metropolitan (Defendant)

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  • 02/13/2019
  • at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 01/28/2019
  • at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

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26 More Docket Entries
  • 03/13/2017
  • Answer; Filed by Los Angeles County Metropolitan (Defendant)

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  • 02/08/2017
  • Proof-Service/Summons; Filed by Ramon Reyes Michel (Plaintiff)

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  • 02/08/2017
  • PROOF OF SERVICE SUMMONS

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  • 02/07/2017
  • Complaint; Filed by Ramon Reyes Michel (Plaintiff)

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  • 02/07/2017
  • SUMMONS

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  • 02/07/2017
  • CIVIL DEPOSIT

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  • 02/07/2017
  • PLAINTIFF'S NOTICE OF POSTING JURY FEES

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  • 02/07/2017
  • Receipt; Filed by Ramon Reyes Michel (Plaintiff)

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  • 02/07/2017
  • COMPLAINT FOR DAMAGES FOR 1. NEGLIGENCE; ETC

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  • 02/07/2017
  • Notice; Filed by Ramon Reyes Michel (Plaintiff)

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Tentative Rulings

Case Number: BC649202    Hearing Date: November 20, 2019    Dept: 4A

Motion to be Relieved as Counsel

Having considered the moving papers, the Court rules as follows. opposing papers have been filed.

BACKGROUND

On February 7, 2017, Plaintiff Ramon Reyes Michel (“Plaintiff”) filed a complaint against Defendants Los Angeles County Metropolitan Transpiration Authority alleging negligence, negligence per se, statutory liability, and various violations of the Government Code for a bicycle-automobile collision that occurred on April 15, 2016.

On January 19, 2018, Plaintiff filed an amendment to his complaint renaming Doe 1 as Defendant MV Transportation, Inc.

On January 4, 2019, the Court dismissed Defendant Los Angeles County Metropolitan Transportation Authority without prejudice.

On October 17, 2019, Plaintiffs counsel, Laura Davidson and Bretil Beitmirza, filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2).

An Order to Show Cause Re: Dismissal (Settlement) (Conditional) is set for November 20, 2019.

PARTIES REQUESTS

Plaintiffs counsel, Laura Davidson and Bretil Beitmirz, seek to be relieved as counsel due to an inability to contact or locate 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, subdivision (2) is brought instead of filing a consent under Code of Civil Procedure section 284, subdivision (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

Plaintiff’s counsel completed forms MC-051, MC-052, and MC-053.  All three of these documents were served on Plaintiff and Defendant MV Transportation, Inc. on October 17, 2019 by U.S. mail.  Plaintiff’s counsel declares Plaintiff has not responded to correspondences and cannot be located. have not been able to make contact with Plaintiff since approximately June of 2019.  Plaintiff’s counsel have called and mailed Plaintiff, conducted two Trans-union TLPO XP skip trace searches in discovering possible new contact information, and hired a personal investigation service to locate Plaintiff.  None of these efforts have resulted in contacting or locating Plaintiff.  As such, there has been a breakdown in the attorney-client relationship.

The Court finds the motion must be granted. claration sufficiently shows why this motion was filed and justifies relieving Plaintiff’s counsel as such.  Plaintiff’s counsel have been diligent in seeking to make contact with Plaintiff to no avail.  Additionally, there is no evidence presented or arguments made showing there would be prejudice to Plaintiff or a disruption to the orderly process of justice in granting the motion.

Accordingly, the motion is GRANTED.

Laura Davidson and Bretil Beitmirz are relieved as counsel for Plaintiff effective upon the filing of the proof of service of Order Granting Attorney’s Motion to be Relieved as Counsel–Civil form MC–053.

The Court continues the hearing on the Order to Show Cause Re: Dismissal (Settlement) (Conditional) to February 20, 2020 at 8:30 a.m. in Department 4A of the Spring Street Courthouse.

Laura Davidson and Bretil Beitmirz are ordered to give notice of this ruling.