This case was last updated from Los Angeles County Superior Courts on 04/04/2021 at 00:56:13 (UTC).

SERGIO COVARRUBIAS, ET AL. VS STATE OF CALIFORNIA ACTING BY AND THROUGH HIGH-SPEED RAIL AUTHORITY, ET AL.

Case Summary

On 01/22/2019 SERGIO COVARRUBIAS filed a Personal Injury - Uninsured Motor Vehicle lawsuit against STATE OF CALIFORNIA ACTING BY AND THROUGH HIGH-SPEED RAIL AUTHORITY. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is DANIEL M. CROWLEY. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2066

  • Filing Date:

    01/22/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

DANIEL M. CROWLEY

 

Party Details

Plaintiffs

COVARRUBIAS SERGIO

PULIDO JAVIER

Defendants

BECHO INC. A UTAH CORPORATION

PARSONS TRANSPORTATION GROUP INC. AN ILLINOIS CORPORATION

ZACHARY CONSTRUCTION CORP. A DELAWARE CORPORATION

STATE OF CALIFORNIA ACTING BY AND THROUGH HIGH-SPEED RAIL AUTHORITY

MARTINEZ STEEL CORP. A CALIFORNIA CORPORATION

LANDAVAZO BROS. INC. A CALIFORNIA CORPORATION

TUTOR PERINI CORP. A MASSACHUSETTS CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

SPELL SCOTT

 

Court Documents

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO FILE PROOF O...)

4/2/2021: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL FOR FAILURE TO FILE PROOF O...)

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

3/3/2021: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (TRIAL SETTING CONFERENCE) OF 03/03/2021

3/3/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (TRIAL SETTING CONFERENCE) OF 03/03/2021

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [NOTICE OF REJECTION - PLEADINGS]

1/30/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [NOTICE OF REJECTION - PLEADINGS]

Notice of Rejection - Pleadings

1/30/2020: Notice of Rejection - Pleadings

Motion to Be Relieved as Counsel

2/10/2020: Motion to Be Relieved as Counsel

Request for Dismissal

2/14/2020: Request for Dismissal

Notice of Entry of Dismissal and Proof of Service

2/20/2020: Notice of Entry of Dismissal and Proof of Service

Minute Order - MINUTE ORDER (MOTION OF SCOTT E. SPELL, LAW FFICE OF SCOTT E. SPELL, A PROF...)

3/11/2020: Minute Order - MINUTE ORDER (MOTION OF SCOTT E. SPELL, LAW FFICE OF SCOTT E. SPELL, A PROF...)

Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel

3/18/2020: Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel

Minute Order - MINUTE ORDER (COURT ORDER)

6/17/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 06/17/2020

6/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 06/17/2020

Other - - Standing Order re PI Procedures and Hearing Dates

2/1/2019: Other - - Standing Order re PI Procedures and Hearing Dates

Certificate of Mailing for - Certificate of Mailing for [Standing Order re PI Procedures and Hearing Dates] and Standing Order re PI Procedures and Hearing Dates

2/1/2019: Certificate of Mailing for - Certificate of Mailing for [Standing Order re PI Procedures and Hearing Dates] and Standing Order re PI Procedures and Hearing Dates

Civil Case Cover Sheet

1/22/2019: Civil Case Cover Sheet

Complaint

1/22/2019: Complaint

Notice of Case Assignment - Unlimited Civil Case

1/22/2019: Notice of Case Assignment - Unlimited Civil Case

Summons - Summons on Complaint

1/22/2019: Summons - Summons on Complaint

11 More Documents Available

 

Docket Entries

  • 04/02/2021
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Order to Show Cause Re: Dismissal (for Failure to File Proof of Service of Summons and Complaint and Failure to Appear at Trial Setting Conference on 03/03/2021) - Held

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  • 04/02/2021
  • DocketOrder - Dismissal; Filed by Clerk

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  • 04/02/2021
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Dismissal for Failure to File Proof o...) of 04/02/2021); Filed by Clerk

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  • 04/02/2021
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal for Failure to File Proof o...)); Filed by Clerk

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  • 03/03/2021
  • Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Trial Setting Conference - Held

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  • 03/03/2021
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 03/03/2021
  • DocketCertificate of Mailing for ((Trial Setting Conference) of 03/03/2021); Filed by Clerk

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  • 07/21/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Non-Jury Trial - Not Held - Advanced and Vacated

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  • 07/07/2020
  • Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 06/17/2020
  • Docketat 10:28 AM in Department 28, Daniel M. Crowley, Presiding; Court Order

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10 More Docket Entries
  • 02/10/2020
  • DocketMotion to Be Relieved as Counsel; Filed by Javier Pulido (Plaintiff)

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  • 01/30/2020
  • DocketNotice of Rejection - Pleadings; Filed by Clerk

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  • 01/30/2020
  • DocketCertificate of Mailing for ([Notice of Rejection - Pleadings]); Filed by Clerk

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  • 02/01/2019
  • DocketStanding Order re PI Procedures and Hearing Dates; Filed by Clerk

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  • 02/01/2019
  • DocketCertificate of Mailing for ([Standing Order re PI Procedures and Hearing Dates] and Standing Order re PI Procedures and Hearing Dates); Filed by Clerk

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  • 01/28/2019
  • DocketNotice of Deposit - Jury; Filed by Sergio Covarrubias (Plaintiff); Javier Pulido (Plaintiff)

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  • 01/22/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 01/22/2019
  • DocketCivil Case Cover Sheet; Filed by Sergio Covarrubias (Plaintiff); Javier Pulido (Plaintiff)

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  • 01/22/2019
  • DocketSummons (on Complaint); Filed by Sergio Covarrubias (Plaintiff); Javier Pulido (Plaintiff)

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  • 01/22/2019
  • DocketComplaint; Filed by Sergio Covarrubias (Plaintiff); Javier Pulido (Plaintiff)

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Tentative Rulings

Case Number: 19STCV02066    Hearing Date: March 11, 2020    Dept: 28

Motion to be Relieved as Counsel

Having considered the moving papers, the Court rules as follows. No opposing papers have been filed.

BACKGROUND

On January 22, 2019, Plaintiffs Sergio Covarrubias and Javier Pulido (collectively, “Plaintiffs”) filed a complaint against Defendants State of California acting by and through High-Speed Rail Authority, Parsons Transportation Group, Inc., Zachary Construction Corp., Becho, Inc., Landavazo Bros. Inc., Martinez Steel Corp., and Does 1-100. The complaint alleges causes of action for: 1) dangerous condition of public property; 2) negligence; and 3) product liability. The causes of action arise out of the collapse of a steel rebar column at or near the California High-Speed Rail Project for the San Joaquin River bridge construction project in Fresno County, California, on November 18, 2017, where Plaintiffs were present and working as laborers. 

On February 10, 2020, Scott E. Spell, counsel for Plaintiffs (“Counsel”), filed motions to be relieved as counsel as to each Plaintiff pursuant to California Code of Civil Procedure section 284, subdivision (2). On February 14, 2020, Counsel filed a request for dismissal as to Plaintiff Sergio Covarrubias, which was entered by the Court on February 20, 2020. The hearing for the motion to be relieved as counsel as to Plaintiff Sergio Covarrubias, scheduled for the same date as the present hearing, was taken off calendar on February 20, 2020. Counsel remains as attorney for Plaintiff Javier Pulido (“Plaintiff Pulido”), subject to the instant motion. 

Trial is set for July 21, 2020.

PARTY’S REQUEST

Counsel seeks to be relieved as counsel for Plaintiff Pulido due to a breakdown in the attorney-client relationship such that further representation is not feasible. Additionally, Plaintiff Pulido has not provided written authorization to dismiss or sign a substitution of attorney. 

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

Counsel has completed and filed forms MC-051, MC-052, and MC-053 as to Plaintiff Pulido. Counsel declares that he served Plaintiff Pulido by mail at his last known address, confirmed within the past 30 days by telephone. Counsel attaches proof of service as to Plaintiff Pulido for all forms. 

The Court finds that the motion is proper. There is no indication that Plaintiff Pulido would be prejudiced or that the orderly process of justice would be disrupted in granting this motion, as trial is set for July 21, 2020. Plaintiff Pulido has sufficient time to retain substitute counsel and for that counsel to prepare for trial.

CONCLUSION

The motion is GRANTED.

Counsel is relieved as counsel for Plaintiff Pulido effective upon the filing of the proof of service of Order Granting Attorney’s Motion to be Relieved as Counsel–Civil form MC–053.

Counsel is ordered to give notice of this ruling.

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