*******6523
12/21/2021
Pending - Other Pending
Personal Injury - Other Personal Injury
Los Angeles, California
MICHAEL E. WHITAKER
SONDHEIMER CARL M
SONDHEIMER FAMILY TRUST
SONDHEIMER SCOTT J
RODRIGUEZ CHRISTIAN
RODRIGUEZ JOAQUIN ANTONIO
RODRIGUEZ JOAQUIN ANTONIO
RODRGIUEZ MAYRA N.
REQUEJO TOMAS D
PHILLIPS CAROLYN C
3/23/2022: Notice of Rejection Default/Clerk's Judgment
5/22/2023: Motion to Continue Trial Date - MOTION TO CONTINUE TRIAL DATE OF JOAQUIN AND MYRA RODRIGUEZ;
4/12/2023: Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel
4/6/2023: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil
4/4/2023: Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL;)
4/4/2023: Notice - NOTICE NOTICE OF RULING AFTER HEARING
3/21/2023: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER SHORTENING TIME ON ...)
3/21/2023: Proof of Service (not Summons and Complaint)
3/21/2023: Notice of Continuance
3/21/2023: Notice - NOTICE NOTICE OF UNAVAILABILITY OF COUNSEL
3/15/2023: Ex Parte Application - EX PARTE APPLICATION FOR ORDER SHORTENING TIME ON THE HEARING TO BE RELIEVED AS COUNSEL FOR CHRISTIAN RODRIGUEZ; OR IN THE ALTERNATIVE FOR AN ORDER GRANTING THE MOTION TO BE REL
3/14/2023: Substitution of Attorney
3/14/2023: Substitution of Attorney
3/6/2023: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil
3/6/2023: Motion to Be Relieved as Counsel
3/21/2022: Answer
3/22/2022: Request for Entry of Default / Judgment
1/5/2022: PI General Order
Hearing12/17/2024 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal
[-] Read LessHearing08/17/2023 at 1:30 PM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Continue Trial
[-] Read LessHearing06/20/2023 at 08:30 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
[-] Read LessHearing06/06/2023 at 10:00 AM in Department 32 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference
[-] Read LessDocketMotion to Continue Trial Date; Filed by: Joaquin Antonio Rodriguez (Defendant)
[-] Read LessDocketUpdated -- Motion to Continue Trial Date OF JOAQUIN AND MYRA RODRIGUEZ;: Name Extension: OF JOAQUIN AND MYRA RODRIGUEZ; ; As To Parties:
[-] Read LessDocketHearing on Motion to Continue Trial scheduled for 08/17/2023 at 01:30 PM in Spring Street Courthouse at Department 32
[-] Read LessDocketProof of Service - Order Granting Attorney's Motion to be Relieved as Counsel; Filed by: Christian Rodriguez (Defendant); As to: Carl M Sondheimer (Plaintiff)
[-] Read LessDocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Signed and Filed by: Christian Rodriguez (Defendant); As to: Joaquin Antonio Rodriguez (Defendant)
[-] Read LessDocketUpdated -- Motion to Be Relieved as Counsel: Filed By: Christian Rodriguez (Defendant),Joaquin Antonio Rodriguez (Defendant); Result: Granted ; Result Date: 04/04/2023 ; As To Parties changed from Carl M Sondheimer (Plaintiff), Sondheimer Family Trust (Plaintiff), Scott J Sondheimer (Plaintiff) to Scott J Sondheimer (Plaintiff), Sondheimer Family Trust (Plaintiff), Carl M Sondheimer (Plaintiff)
[-] Read LessDocketCertificate of Mailing for [PI General Order], Standing Order re PI Procedures and Hearing Dates; Filed by: Clerk
[-] Read LessDocketPI General Order; Filed by: Clerk
[-] Read LessDocketFinal Status Conference scheduled for 06/06/2023 at 10:00 AM in Spring Street Courthouse at Department 32
[-] Read LessDocketNon-Jury Trial scheduled for 06/20/2023 at 08:30 AM in Spring Street Courthouse at Department 32
[-] Read LessDocketOrder to Show Cause Re: Dismissal scheduled for 12/17/2024 at 08:30 AM in Spring Street Courthouse at Department 32
[-] Read LessDocketComplaint; Filed by: Scott J Sondheimer (Plaintiff); Carl M Sondheimer (Plaintiff); Sondheimer Family Trust (Plaintiff); As to: Joaquin Antonio Rodriguez (Defendant); Christian Rodriguez (Defendant)
[-] Read LessDocketSummons on Complaint; Issued and Filed by: Scott J Sondheimer (Plaintiff); Carl M Sondheimer (Plaintiff); Sondheimer Family Trust (Plaintiff); As to: Joaquin Antonio Rodriguez (Defendant); Christian Rodriguez (Defendant)
[-] Read LessDocketCivil Case Cover Sheet; Filed by: Scott J Sondheimer (Plaintiff); Carl M Sondheimer (Plaintiff); Sondheimer Family Trust (Plaintiff); As to: Joaquin Antonio Rodriguez (Defendant); Christian Rodriguez (Defendant)
[-] Read LessDocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk
[-] Read LessDocketCase assigned to Hon. Michael E. Whitaker in Department 32 Spring Street Courthouse
[-] Read LessCase Number: *******6523 Hearing Date: April 4, 2023 Dept: 32
PLEASE NOTE: Parties are encouraged to meet and confer concerning this tentative ruling to determine if a resolution may be reached. If the parties are unable to reach a resolution and a party intends to submit on this tentative ruling, the party must send an email to the Court at sscdept32@lacourt.org indicating that party’s intention to submit. The email shall include the case number, date and time of the hearing, counsel’s contact information (if applicable), and the identity of the party submitting on this tentative ruling. If the Court does not receive an email indicating the parties are submitting on this tentative ruling and there are no appearances at the hearing, the Court may place the motion off calendar or adopt the tentative ruling as the order of the Court. If all parties do not submit on this tentative ruling, they should arrange to appear in-person or remotely (which is highly encouraged). Further, after the Court has posted/issued a tentative ruling, the Court has the inherent authority to prohibit the withdrawal of the subject motion and adopt the tentative ruling as the order of the Court.
TENTATIVE RULING
DEPARTMENT | 32 |
HEARING DATE | April 4, 2023 |
CASE NUMBER | *******6523 |
MOTION | Motion to Be Relieved as Counsel |
MOVING PARTY | Attorney Steven Trolard |
OPPOSING PARTY | None |
MOTION
Steven Trolard of Steven Trolard & Associates, PLC (Counsel) moves to be relieved as counsel for Defendants Joaquin Antonio Rodriguez and Christian Rodriguez, as well as Cross-Complainant Mayra N. Rodriguez (collectively, Clients).
Preliminarily, the Court notes that Counsel filed a single motion to be relieved as counsel from all three Clients. Instead, Counsel should have filed one motion as to each Client for a total of three motions. The Court will therefore order Counsel to pay an additional $120 in filing fees, at $60.00 per filing fee. (Gov. Code, 70617, subd. (a).)
ANALYSIS
Counsel has filed forms MC-051 and MC-052 and has lodged with the Court the proposed order on form MC-053 as required. (Cal Rules of Court, rule 3.1362.) The basis for the motion is Counsel’s wife has undergone cancer removal surgery. Counsel is his wife’s primary caregiver as she is home recovering which has caused Counsel extreme stress, health issues, and has made representation Clients in this case impossible. This is a valid reason for withdrawal. (See Rules Prof. Conduct, rule 1.16.) Accordingly, the Court grants the motion.
Counsel shall file MC-053 for each Client, which shall include information about all future hearings and proceedings noticed by any party, or ordered by the Court, on or before April 10. 2023.
After the Court approves the MC-053s, Counsel shall serve the MC-053 on each Client and all other parties who have appeared in the action, within 10 days of the date of the signed orders, and file proofs of service of such. Counsel will remain the attorney of record for Clients until Counsel files the requisite proofs of service. (See Cal. Rules of Court, rule 3.1362(e).)