This case was last updated from Los Angeles County Superior Courts on 10/19/2020 at 12:15:07 (UTC).

SOL XAVIER DE LA CRUZ VS JONATHAN DEREK ROMERO ET AL

Case Summary

On 01/16/2018 SOL XAVIER DE LA CRUZ filed a Personal Injury - Motor Vehicle lawsuit against JONATHAN DEREK ROMERO. 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, STEPHEN M. MOLONEY and DANIEL M. CROWLEY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0351

  • Filing Date:

    01/16/2018

  • 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 Judges

CHRISTOPHER K. LUI

STEPHEN M. MOLONEY

DANIEL M. CROWLEY

 

Party Details

Plaintiff and Petitioner

DE LA CRUZ SOL XAVIER

Defendants and Respondents

ROMERO JONATHAN DEREK

DOES 1 TO 25

DOES 1 THROUGH 25

PEP BOYS - MANNY MOE JACK

VPSI TITLING CO.

PEP BOYS MANNY MOE & JACK OF CALIFORNIA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

RAHMANI NEAMA

Defendant and Respondent Attorneys

MOLONEY MEEGAN ESQ.

SAWYER JAMES F.B. ESQ.

SAWYER JAMES FRANCIS ESQ.

SAWYER JAMES FRANCIS

MOLONEY MEEGAN

LANCKEN NICHOLAS VON DER

YOKA WALTER MICHAEL

YOKA WALTER M.

 

Court Documents

Declaration - DECLARATION IN OPPOSITION TO MOTION TO BE RELIEVED AS COUNSEL

11/18/2019: Declaration - DECLARATION IN OPPOSITION TO MOTION TO BE RELIEVED AS COUNSEL

Proof of Service by Mail - PROOF OF SERVICE BY MAIL OF DECLARATION MC-030, MC-031, MC-031

11/18/2019: Proof of Service by Mail - PROOF OF SERVICE BY MAIL OF DECLARATION MC-030, MC-031, MC-031

Notice of Ruling

11/19/2019: Notice of Ruling

Substitution of Attorney

8/22/2019: Substitution of Attorney

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

9/20/2019: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

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

9/23/2019: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Minute Order - MINUTE ORDER (COUNSEL FOR PLAINTIFF'S EX PARTE APPLICATION TO BE RELIEVED A...)

10/1/2019: Minute Order - MINUTE ORDER (COUNSEL FOR PLAINTIFF'S EX PARTE APPLICATION TO BE RELIEVED A...)

Opposition - OPPOSITION TO EX PARTE APPLICATION

10/1/2019: Opposition - OPPOSITION TO EX PARTE APPLICATION

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

10/22/2019: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Minute Order - MINUTE ORDER (MOTION OF H. DEAN AYNECHI, WEST COAST TRIAL LAWYERS, APLC'S M...)

10/23/2019: Minute Order - MINUTE ORDER (MOTION OF H. DEAN AYNECHI, WEST COAST TRIAL LAWYERS, APLC'S M...)

Notice of Deposit - Jury

1/30/2019: Notice of Deposit - Jury

NOTICE OF ERRATA REGARDING PLAINTIFF'S DECLARATION OF H. DEAN AYNECHI IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE);

7/30/2018: NOTICE OF ERRATA REGARDING PLAINTIFF'S DECLARATION OF H. DEAN AYNECHI IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE);

ANSWER TO UNVERIFIED FORM COMPLAINT

3/23/2018: ANSWER TO UNVERIFIED FORM COMPLAINT

CIVIL DEPOSIT -

3/23/2018: CIVIL DEPOSIT -

DEFENDANT THE PEP BOYS MANNY MOE & JACK OF CALIFORNIA'S ANSWER TO COMPLAINT

3/6/2018: DEFENDANT THE PEP BOYS MANNY MOE & JACK OF CALIFORNIA'S ANSWER TO COMPLAINT

PROOF OF SERVICE SUMMONS -

3/9/2018: PROOF OF SERVICE SUMMONS -

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

1/16/2018: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES) -

49 More Documents Available

 

Docket Entries

  • 06/04/2021
  • Hearing06/04/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 05/21/2021
  • Hearing05/21/2021 at 10:00 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 09/17/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 09/03/2020
  • Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Final Status Conference - Not Held - Continued - Court's Motion

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  • 09/03/2020
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 06/01/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 05/18/2020
  • Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 04/03/2020
  • Docket[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Personal Injury Courts Only (Central District); Filed by Pep Boys Manny, Moe & Jack of California, (Defendant)

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  • 02/25/2020
  • DocketSubstitution of Attorney; Filed by Sol Xavier De La Cruz (Plaintiff)

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  • 01/06/2020
  • Docketat 08:30 AM in Department 4A; Jury Trial - Not Held - Advanced and Continued - by Court

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74 More Docket Entries
  • 03/09/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Sol Xavier De La Cruz (Plaintiff)

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  • 03/09/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 03/09/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 03/06/2018
  • DocketDEFENDANT THE PEP BOYS MANNY MOE & JACK OF CALIFORNIA'S ANSWER TO COMPLAINT

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  • 03/06/2018
  • DocketAnswer; Filed by Pep Boys Manny, Moe & Jack of California, (Defendant)

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  • 02/27/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Sol Xavier De La Cruz (Plaintiff)

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  • 02/27/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 01/16/2018
  • DocketSUMMONS

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  • 01/16/2018
  • DocketComplaint; Filed by Sol Xavier De La Cruz (Plaintiff)

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  • 01/16/2018
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC690351    Hearing Date: November 18, 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 January 16, 2018, Plaintiff Sol Xavier De La Cruz (“Plaintiff”) filed a complaint against Defendants Jonathan Derek Romero; Pep Boys Manny, Moe & Jack of California; The Pep Boys Manny, Moe Jack; and TPSI Titling Co. alleging motor vehicle and general negligence for an automobile collision that occurred on February 1, 2016.

On January 10, 2019, the Court dismissed Defendant CPSI Titling Co. without prejudice.

On October 22, 2019, Plaintiffs counsel; Neama Rahmani, H. Dean Aynechi, Esq., Sam N. Simantob, and West Coast Trial Lawyers, APLC; filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2).

Trial is set for June 1, 2020.

PARTY’S REQUEST

Plaintiff’s counsel of record, Neama Rahmani, H. Dean Aynechi, Esq., Sam N. Simantob, and West Coast Trial Lawyers, APLC, seek to be relieved as counsel due to considerable differences that have arisen in the attorney-client relationship.

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 have been served to Plaintiff and Defendants The Pep Boys, Manny Moe & Jack of California and Jonathan Derek Romeo on October 23, 2019 by overnight delivery.  Plaintiff’s counsel declares that differences of opinion have arisen between Plaintiff and counsel such that counsel cannot represent Plaintiff further.

The Court finds the motion must be granted. from their representation of Plaintiff in this action. 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.

Neama Rahmani, H. Dean Aynechi, Esq., Sam N. Simantob, and West Coast Trial Lawyers, APLC 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.

Neama Rahmani, H. Dean Aynechi, Esq., Sam N. Simantob, and West Coast Trial Lawyers, APLC are ordered to give notice of this ruling.