Judge: Cherol J. Nellon, Case: 23STCV02091, Date: 2025-01-13 Tentative Ruling
Case Number: 23STCV02091 Hearing Date: January 13, 2025 Dept: 14
#6
Case Background
This is an action for violations of the labor code and
intentional infliction of emotional distress. Plaintiff alleges that while he
was employed as a security guard, Defendant failed to pay his wages and
violated other sections of the Labor Code before wrongfully terminating him.
On January 31, 2023, Plaintiff Anthony Aparicio filed
his Complaint against Defendant Southland Tactical Operation Patrol, LLC.
On August 8, 2024, Plaintiff filed a notice of
settlement.
On October 18, 2024, William Bailey and Bailey Law
Corp., Counsel for Defendant Southland Tactical Operation Patrol, LLC, filed
this motion to be relieved as counsel.
Instant Pleading
William Bailey and Bailey Law Corp., Counsel for
Defendant Southland Tactical Operation Patrol, LLC, move to be relieved as
counsel.
Decision
The motion to be relieved as counsel filed by William
Bailey and the Bailey Law Corp. is GRANTED once Counsel files an updated form
MC-053, effective upon the filing of
the proof of service of the signed order upon the client.
The Court sets an OSC re: Status of Defendant’s legal
representation for April 4, 2025, at 8:30 a.m.
Legal Standard
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 completed the required forms. Those forms
indicate that Counsel served Defendant at its last known address which he
confirmed was current via conversation, at least 30 days before the hearing on
this matter. Counsel alleges there has been a breakdown in the attorney-client
relationship.
Counsel complied with the requirements of Rule 3.1362,
and relief is appropriate under the circumstances of this case. However, the
future hearing dates on form MC-053 are outdated. The motion will be GRANTED
once Counsel files an updated form MC-053, effective
upon the filing of the proof of service of the signed order upon the
client.
The Court notes that
Defendant is a corporate entity. “[A] corporation, unlike a natural person,
cannot represent itself before courts of record in propria persona, nor can it
represent itself through a corporate officer, director or other employee who is
not an attorney.” (CLD Construction, Inc. v. City of San Ramon (2004)
120 Cal.App.4th 1141, 1145; see also Merco Constr. Engineers, Inc. v.
Municipal Court (1978) 21 Cal.3d 724, 727 (“the Legislature cannot
constitutionally vest in a person not licensed to practice law the right to
appear in a court of record on behalf of another person, including a corporate
entity”). Here, Defendant cannot proceed in this matter without legal
representation. The Court sets an OSC Re: Status of Defendant’s legal
representation for ____.
Conclusion
The motion to be relieved as counsel filed by William
Bailey and the Bailey Law Corp. is GRANTED once Counsel files an updated form
MC-053, effective upon the filing of
the proof of service of the signed order upon the client.
The Court sets an OSC re: Status of Defendant’s legal
representation for April 4, 2025, at 8:30 a.m.