Judge: Theresa M. Traber, Case: 20STLC09822, Date: 2024-12-19 Tentative Ruling

Case Number: 20STLC09822    Hearing Date: December 19, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     December 19, 2024                TRIAL DATE: January 14, 2025

CASE:                         Stanford Neighborhood Association LLC v. Miranda Logistics Enterprise, Inc.

CASE NO.:                 20STLC09822           

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Donald A. Velez, counsel for Defendants/Cross-Complainants Miranda Logistics Enterprise, Inc., Grit & Gravel Inc, and United Pacific Waste

RESPONDING PARTY(S): No response on eCourt as of 12/17/24

CASE HISTORY:

·         11/24/20: Complaint filed

·         02/09/21: Cross-Complaint filed as to Stanford Neighborhood Association, LLC; DGT Holdings LLC, and LA Catering Truck MFG, Inc.

·         02/26/21: First Amended Complaint filed.

·         04/09/21: Cross-Complaint filed as to Grit & Gravel Inc. and Miranda Logistics Enterprise, Inc.

·         07/01/21: Second Amended Complaint filed.

·         07/21/21: First Amended Cross Complaint filed as to Stanford Neighborhood Association, LLC; DGT Holdings LLC, and LA Catering Truck MFG, Inc.

·         08/09/21: First Amended Cross-Complaint filed as to Grit & Gravel Inc. and Miranda Logistics Enterprise, Inc.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This is an action for trespass, nuisance, negligence, and intentional interference with contract. Plaintiff alleges that Defendants have failed to comply with local zoning ordinances pertaining to a building materials salvage yard which they operate.

Attorney Donald A. Velez moves to be relieved as counsel for all Defendants.

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TENTATIVE RULING:

Attorney Donald A. Velez moves to be relieved as counsel for all Defendants. Although Moving Counsel served and filed a motion and supporting affidavit, neither was presented on the mandatory Judicial Council forms MC-051 and MC-052 as required by Rule of Court 3.1362 subdivision (a). Moreover, Moving Counsel failed to lodge a proposed order on mandatory form MC-053 with the moving papers as required by subdivision (e) of that rule. Moving Counsel’s motion is therefore defective.

Accordingly, Attorney Donald A. Velez’s Motion to be Relieved as Counsel is DENIED. This ruling is without prejudice to a procedurally proper motion.

This ruling is conditioned on Moving Counsel giving notice to all parties and filing proof of service with the Court.

IT IS SO ORDERED.

Dated: December 19, 2024                             ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.