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.
****9202
02/07/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHRISTOPHER K. LUI
MICHEL RAMON REYES
DOES 2-50
LOS ANGELES COUNTY METROPOLITAN
DOE JOHN
MV TRANSPORTATION INC. DOE 1
AKIVA NIAMEHR LLP
OSTOIA ADINA ASPEN
HERZOG VANESSA KATHRYN
1/19/2018: AMENDMENT TO COMPLAINT
6/11/2018: ORDER AND STIPULATION TO CONTINUE TRIAL FSC AND RELATED MOTION DISCOVERY DATES PERSONAL INJURY COURTS ONLY CENTRAL DISTRICT
7/16/2018: NOTICE OF TAKING JULY 19, 2018 INFORMAL DISCOVERY CONFERENCE OFF CALENDAR
7/19/2018: INFORMAL DISCOVERY CONFERENCE FORM FOR PERSONAL INJURY COURTS
9/24/2018: ORDER AND STIPULATION TO CONTINUE TRIAL FSC AND RELATED MOTION DISCOVERY DATES PERSONAL INJURY COURTS ONLY CENTRAL DISTRICT
1/4/2019: Ex Parte Application
1/8/2019: Minute Order
1/15/2019: Notice of Ruling
3/28/2019: Notice of Change of Address or Other Contact Information
3/28/2019: Notice of Change of Firm Name
5/7/2019: Unknown
5/7/2019: Notice of Settlement
5/7/2019: Minute Order
2/7/2017: PLAINTIFF'S NOTICE OF POSTING JURY FEES
2/7/2017: Unknown
2/7/2017: COMPLAINT FOR DAMAGES FOR 1. NEGLIGENCE; ETC
2/8/2017: PROOF OF SERVICE SUMMONS
8/16/2017: SUBSTITUTION OF ATTORNEY
at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Advanced and Vacated
at 11:15 AM in Department 4A, Christopher K. Lui, Presiding; Non-Appearance Case Review
Certificate of Mailing for (Minute Order (Non-Appearance Case Review Re Notice of Settlement) of 05/07/2019); Filed by Clerk
Notice of Settlement; Filed by Ramon Reyes Michel (Plaintiff)
Minute Order ( (Non-Appearance Case Review Re Notice of Settlement)); Filed by Clerk
Notice of Change of Firm Name; Filed by Ramon Reyes Michel (Plaintiff)
Notice of Change of Address or Other Contact Information; Filed by Adina Aspen Ostoia (Attorney)
Request for Refund / Order (as defendant Los Angeles Metropolitan Transportation Authority); Filed by Los Angeles County Metropolitan (Defendant)
at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court
at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court
Answer; Filed by Los Angeles County Metropolitan (Defendant)
Proof-Service/Summons; Filed by Ramon Reyes Michel (Plaintiff)
PROOF OF SERVICE SUMMONS
Complaint; Filed by Ramon Reyes Michel (Plaintiff)
SUMMONS
CIVIL DEPOSIT
PLAINTIFF'S NOTICE OF POSTING JURY FEES
Receipt; Filed by Ramon Reyes Michel (Plaintiff)
COMPLAINT FOR DAMAGES FOR 1. NEGLIGENCE; ETC
Notice; Filed by Ramon Reyes Michel (Plaintiff)
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, Plaintiff’s 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
Plaintiff’s 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.