Judge: Carolyn M. Caietti, Case: 37-2023-00015686-CU-OR-CTL, Date: 2024-02-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 22, 2024

02/23/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2023-00015686-CU-OR-CTL ENL INVESTMENTS LLC VS LINDER [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff ENL Investments, LLC's Motion to Be Relieved as Counsel is GRANTED.

Counsel showed sufficient reasons why the motion to be relieved as counsel should be granted and why a motion under C.C.P. section 284(2) was brought instead of filing a consent under C.C.P. section 284(1).

The ban on corporate self-representation does not prevent a court from granting a motion to withdraw as attorney of record even if it leaves the corporation without representation. 'Such an order puts pressure on the corporation to obtain new counsel or risk forfeiting important rights through nonrepresentation.' (Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284, fn. 5.) Plaintiff ENL Investments, LLC and its representatives are advised of the necessity to be represented by an attorney. (Ibid.) The Court sets a Status Conference on April 5, 2024, at 9:15 a.m. in Department 70 to discuss whether Plaintiff has obtained legal representation.

Counsel shall prepare and submit a completed form order (MC-053), reflecting all appearances at the hearing and upcoming hearing dates to the Court for signature and approval within five court days of this hearing. Under section 13 of MC-053, Counsel shall add: 'Defendant ENL Investments, LLC and its representatives are advised of the necessity to be represented by an attorney. (Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284, fn. 5.)' The proposed order is to be electronically filed and a courtesy copy delivered to Department 70 for signature and approval within five court days of this hearing. Within five court days of service of the Court's signed form order, Counsel shall then serve notice of this ruling and the signed form order on all parties. (Cal. Rules of Ct., rule 3.1362(e).) Counsel will be relieved as counsel as of the date the proof of service of this order and the signed form order is filed with the Court. (Ibid.) The proof of service must be electronically filed, and a courtesy copy delivered to Department 70. Failure to do so may result in a delay in processing the withdrawal.

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