Judge: Theresa M. Traber, Case: BC511769, Date: 2023-12-21 Tentative Ruling

Case Number: BC511769    Hearing Date: March 19, 2024    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     March 19, 2024                      TRIAL DATE:  July 2, 2024

CASE:                         Patrick Minner v. Washington Motors, LLC, et al.

CASE NO.:                 BC511769

MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY:               Attorney Nick Iezza, Counsel for Defendant Washington Motors, LLC

RESPONDING PARTY(S): Plaintiff Patrick Minner.

CASE HISTORY:

• 06/17/13: Complaint filed.
• 11/21/13: First Amended Complaint filed.
• 03/26/14: Second Amended Complaint filed.
• 07/31/14: Third Amended Complaint filed.
• 08/03/15: Defendant Carfax, Inc.’s motion for summary judgment granted.
• 08/26/15 Judgment entered in favor of Defendant Carfax.
• 10/01/15: Notice of Appeal filed.
• 10/02/15: Notice of Appeal filed.
• 02/10/16: Remittitur issued.
• 02/29/16: Richard Heller substituted in as Doe 1; Joel Heller substituted in as Doe 2; Terry Smith substituted in as Doe 3.
• 08/11/16: Judgment of dismissal of Third Amended Complaint entered as to all Defendants.
• 03/27/20: Remittitur issued, reversing judgment of dismissal.
• 02/16/21: Dismissal entered as to Defendants Terry Smith, Joel Heller, and Richard Heller with prejudice for failure to serve within three years.
• 05/10/21: Notice of Appeal filed.
• 04/11/23: Remittitur issued affirming dismissal of the Smith and Heller defendants.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            Plaintiff alleges that he purchased a car that is inoperable.

            Attorney Nick Iezza, counsel for Defendant Washington Motors, LLC, moves to be relieved as counsel.

TENTATIVE RULING:

Attorney Nick Iezza, counsel for Defendant Washington Motors, LLC, moves to be relieved as counsel.

Moving counsel filed all three required forms (MC-051, -052, and -053). However, Moving Counsel did not include a proof of service as required by California Rules of Court rule 3.1362(d).  At the previous hearing on the motion, the Court ordered moving counsel to serve all parties with the moving papers and file proof of service with the Court no later than Monday, January 29, 2024. Moving Counsel only filed proof of service for the declaration in support of the motion, and did so on February 1, 2024, not January 29, as ordered by the Court. (See Proof of Service by Mail.) Moreover, the proof of service does not state that it was served on the client or on any of the individuals responsible for the Defendant ceasing operations. Moving Counsel has failed to comply with the Court’s orders.

Accordingly, Attorney Nick Iezza, counsel for Defendant Washington Motors, LLC’s Motion to be Relieved as Counsel is DENIED without prejudice to a procedurally proper motion.

Moving party to give notice.  

IT IS SO ORDERED.

Dated:   March 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.