Judge: Cherol J. Nellon, Case: 23STCV21626, Date: 2023-12-20 Tentative Ruling

Case Number: 23STCV21626    Hearing Date: March 7, 2024    Dept: 14

Jane ES Doe vs Los Angeles Unified School District

Case Background

Plaintiffs allege that, for a period of roughly 10 years between 2002 and 2012, a teacher at two elementary schools was allowed to become their serial abuser, despite multiple complaints lodged with the schools’ principal.

            On September 8, 2023, Plaintiffs filed their Complaint for (1) Negligence, (2) Constructive Fraud, (3) Intentional Infliction of Emotional Distress (IIED), (4) Breach of Fiduciary Duty, (5) Sexual Harassment, (6) Sexual Battery, (7) Gender Violence, and (8) Failure to Report Abuse against Defendants Los Angeles Unified School District (“District”), Robert Pimental (“Pimental”), Irene Hinojosa (“Hinojosa”), and DOES 1-100. The sixth and seventh causes of action are asserted against Defendant Pimental, only. The eighth cause of action is asserted against Defendant Hinojosa, only.

On November 27, 2023, Defendant Hinojosa filed her Answer.

On December 20, 2023, this court sustained Defendant District’s demurrer to the second, third, fourth, and fifth causes of action, without leave to amend. Defendant District has yet to file an Answer.

On February 16, 2024, the default of Defendant Pimental was entered.

            No trial date has yet been set.

(1)        Aanestad Motion

Attorney Haley K. Aanestad (“Aanestad”) now seeks to be relieved as counsel of record for Plaintiff Jane CV Doe.

Decision

            The motion is GRANTED, effective upon the filing of the proof of service of the signed order upon the client.

Governing Rule

            California Rules of Court Rule 3.1362 requires that counsel fill out forms MC-051, MC-052, and MC-053. These forms serve two basic functions: (1) ensuring that notice is given to the client and (2) providing the court with an adequate explanation of why the matter is being handled via motion rather than mutual consent. See Code of Civil Procedure § 284; California Rules of Court Rule 3.1362.

Discussion

            Counsel Aanestad has completed the required forms. Those forms indicate that the client has been served by mail at the most recent address counsel can find by way of an internet records search and contact with third parties.

            Counsel Aanestad indicates that she and her firm wish to withdraw because the client will no longer communicate with her.

            Counsel has complied with the requirements of Rule 3.1362, and relief is appropriate under the circumstances of this case. The motion is GRANTED, effective upon the filing of the proof of service of the signed order upon the client.

(2)        Moore Motion

Attorney Thomas M. Moore (“Moore”) now seeks to be relieved as counsel of record for Plaintiff Jane CV Doe.

Decision

            The motion is DENIED, without prejudice.

Governing Rule

            California Rules of Court Rule 3.1362 requires that counsel fill out forms MC-051, MC-052, and MC-053. These forms serve two basic functions: (1) ensuring that notice is given to the client and (2) providing the court with an adequate explanation of why the matter is being handled via motion rather than mutual consent. See Code of Civil Procedure § 284; California Rules of Court Rule 3.1362.

Discussion

            Counsel Moore has not completed the required forms. He must execute his own version of form MC-052. Ms. Aanestad’s cannot serve for both.