Judge Carolyn M. Caietti, Case 37-2023-00016202-CU-BC-CTL 2024-03-29 Tentative Ruling

Judge: Carolyn M. Caietti, Case: 37-2023-00016202-CU-BC-CTL, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 28, 2024

03/29/2024 10:30:00 AM C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited Breach of Contract/Warranty Motion Hearing (Civil) 37-2023-00016202-CU-BC-CTL INNVANTAGE GROUP INC VS PREMIUM WEST INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 02/13/2024

Plaintiff InnVantage Group, Inc.'s Motion to Be Relieved as Counsel is GRANTED.

Despite the Notice of Stay Pending Bankruptcy (ROA 15), the Court has jurisdiction to rule on this motion to be relieved as counsel as the bankruptcy stay is applicable only to actions against the debtor and not to actions brought by the debtor. (11 U.S.C. § 362(a); Shah v. Glendale Federal Bank (1996) 44 Cal.App.4th 1371, 1376 ['The federal circuit courts have consistently held, relying on the language of the automatic stay provision and the policy underlying it, that section 362(a)(1) is applicable only to actions against the debtor; not to actions brought by the debtor'].) 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 InnVantage Group, Inc. and its representatives are advised of the necessity to be represented by an attorney. (Ibid.) The Court will discuss whether Plaintiff obtained new counsel at the status conference currently set on June 28, 2024, at 9:15 a.m. in Department 70.

Counsel shall prepare and submit a completed form order (MC-053), reflecting all appearances at the hearing and upcoming hearing dates/times to the Court for signature and approval within five court days of this hearing. Under section 13 of MC-053, Counsel shall add: 'Plaintiff InnVantage Group, Inc. 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 Calendar No.: Event ID: TENTATIVE RULINGS

3088911 42 CASE NUMBER: CASE TITLE: INNVANTAGE GROUP INC VS PREMIUM WEST INC [IMAGED] 37-2023-00016202-CU-BC-CTL 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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3088911 42