On 09/21/2017 TERESA TORRES filed a Personal Injury - Other Personal Injury lawsuit against FOOD 4 LESS OF CA INC. 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.
****6757
09/21/2017
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHRISTOPHER K. LUI
TORRES TERESA
FOOD 4 LESS OF CALIFORNIA INC
FOOD 4 LESS
THE KROGER CO.
DOES 1 TO 25
FOOD 4 LESS OF CALIFORNIA INC FOOD 4 LESS OF CALIFORNIA DBA FOOD 4 LESS
HAKIM SHARONA ESLAMBOLY ESQ.
D'ORO FRANK JOSEPH JR
9/5/2018: ANSWER OF FOOD 4 LESS OF CALIFORNIA, INC. DBA FOOD 4 LESS TO COMPLAINT; ETC
3/15/2019: Stipulation and Order
8/14/2018: PROOF OF SERVICE OF SUMMONS
8/14/2018: PROOF OF SERVICE OF SUMMONS
8/14/2018: Unknown
9/21/2017: SUMMONS
9/21/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
at 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - Not Held - Continued - Stipulation
Stipulation and Order (Stipulation of Dismissal between Defendant The Kroger Co. and Plaintiff Teresa Torres; Proposed Order); Filed by FOOD 4 LESS OF CALIFORNIA INC (Defendant)
at 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Continued - Stipulation
Order (Proposed Order and Stipulation to Continue trial FSC and related motion/discovery dates personal injury courts only); Filed by FOOD 4 LESS OF CALIFORNIA INC (Defendant)
ANSWER OF FOOD 4 LESS OF CALIFORNIA, INC. DBA FOOD 4 LESS TO COMPLAINT; ETC
Answer; Filed by FOOD 4 LESS OF CALIFORNIA INC (Defendant); FOOD 4 LESS, (Legacy Party)
CIVIL DEPOSIT
Proof of Service (not Summons and Complaint); Filed by TERESA TORRES (Plaintiff)
Receipt; Filed by TERESA TORRES (Plaintiff)
Proof of Service (not Summons and Complaint); Filed by TERESA TORRES (Plaintiff)
PROOF OF SERVICE OF SUMMONS
PROOF OF SERVICE OF SUMMONS
Complaint; Filed by TERESA TORRES (Plaintiff)
SUMMONS
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
Case Number: BC676757 Hearing Date: November 22, 2019 Dept: 4A
Motion to be Relieved as Counsel
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On September 21, 2017, Plaintiff Teresa Torres filed a complaint against Defendants Food 4 Less of California, Inc. dba Food 4 Less and The Kroger Co. for premises liability and general negligence arising from a slip and fall incident that occurred on September 28, 2015.
On September 25, 2019, Plaintiff’s counsel, Law Offices of Sharona Eslamboly Hakim filed the instant motion to be relieved as counsel.
On October 31, 2019, the Court continued the hearing on Plaintiff’s counsel motion to be relieved as counsel to allow time for seeking a trial continuance on an ex parte basis.
Trial is now set for June 3, 2020.
PARTY’S REQUEST
Plaintiff’s counsel, Law Offices of Sharona Eslamboly Hakim, seeks a court order relieving it as counsel for Plaintiff Teresa Torres in this matter.
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 submitted forms MC-051, MC-052, and MC-053 in seeking to be relieved as counsel for Plaintiff Teresa Torres.
Counsel states in the declaration that there has been an irreparable breakdown in the attorney-client relationship to the extent that continued representation is impossible. Counsel further declares that attorney-client communications have broken down.
Counsel has served the operative notice of motion, motion and declaration on Plaintiff and Defendant by U.S. mail. Counsel has confirmed Plaintiff’s last known address within the past thirty days by telephone, conversation, and in person at counsel’s office.
The Court finds the motion is properly granted. The Court has not been presented with any facts showing that Plaintiff would be prejudiced or that the orderly process of justice would be disrupted if the motion is granted. Trial is more than six months
The motion is GRANTED.
Plaintiff’s counsel, Law Offices of Sharona Eslamboly Hakim, is 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.
Plaintiff’s counsel is ordered to give notice of this ruling.
Case Number: BC676757 Hearing Date: October 31, 2019 Dept: 4A
Motion to be Relieved as Counsel
Having considered the moving papers, the Court rules as follows.
BACKGROUND
On September 21, 2017, Plaintiff Teresa Torres filed a complaint against Defendants Food 4 Less of California, Inc. dba Food 4 Less and The Kroger Co. for premises liability and general negligence arising from a slip and fall incident that occurred on September 28, 2015.
On September 25, 2019, Plaintiff’s counsel, Law Offices of Sharona Eslamboly Hakim filed the instant motion to be relieved as counsel.
Trial is set for December 3, 2019.
PARTY’S REQUEST
Plaintiff’s counsel, Law Offices of Sharona Eslamboly Hakim, seeks a court order relieving it as counsel for Plaintiff Teresa Torres in this matter.
LEGAL STANDARD
The court has discretion to allow an attorney to withdraw, and such a motion should be granted¿when¿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;¿People v. Prince¿(1968) 268 Cal.App.2d 398.)¿¿
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 submitted forms MC-051, MC-052, and MC-053 in seeking to be relieved as counsel for Plaintiff Teresa Torres.
Counsel states in the declaration that there has been an irreparable breakdown in the attorney-client relationship to the extent that continued representation is impossible. Counsel further declares that attorney-client communications have broken down.
Counsel has served the operative notice of motion, motion and declaration on Plaintiff and Defendant by U.S. mail. Counsel has confirmed Plaintiff’s last known address within the past thirty days by telephone, conversation, and in person at counsel’s office.
While the Court is inclined to grant the motion, the Court notes that items 3 and 6 of the proposed order (MC-053) are incomplete.
Therefore, the motion is CONTINUED TO November 22, 2019 at 1:30 p.m., unless Counsel brings a completed proposed order (MC-053) to the hearing.
Plaintiff’s counsel is ordered to give notice of this ruling.