Judge: Elaine Lu, Case: 18STCV06544, Date: 2023-08-09 Tentative Ruling





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For any motion where no parties submit to the tentative ruling in
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4. IN ORDER TO IMPLEMENT
PHYSICAL DISTANCING GOING FORWARD AND UNTIL FURTHER NOTICE, THE COURT STRONGLY
ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR TELEPHONICALLY FOR NON-TRIAL
AND NON-EVIDENTIARY MATTERS.  Thus, until further
notice, Department 26 strongly encourages telephonic appearances for motion
hearings that do not require the presentation of live testimony.




 






Case Number: 18STCV06544    Hearing Date: January 10, 2024    Dept: 26

 

Superior Court of California

County of Los Angeles

Department 26

 

miranda chen aka JIEN CHEN, and ROLLING ROLES, LLC,

                        Plaintiffs,

            v.

 

CHRISTINA GILMORE, et al.

                        Defendants

 

  Case No.:  18STCV06544

 

  Hearing Date:  January 10, 2024

 

 [TENTATIVE] order RE:

motion to be relieved as counsel

 

 

On December 4, 2023, Helen W. Quan, Esq. (“Counsel”), filed the instant motion to be relieved as counsel for Plaintiff Rolling Roles, LLC (“Client”).

Counsel has filed a form MC051 and MC-052 and has lodged with the Court a copy of the proposed order on form MC-053 pursuant to CRC Rule 3.1362.  

The MC-052 form states that Counsel served Client via mail at Client’s last known mailing address which Counsel states she has confirmed as current within 30 days of the motion by telephone. 

Counsel states that “[p]ursuant to the terms of the attorney client agreement, the attorney/client relationship has ended. Miranda Chen has signed substitution of attorney which was filed on December 4, 2023. Miranda Chen, managing member of Rolling Roles, LLC does not oppose attorney's withdrawal from representation, but since it is a limited liability company, and new counsel has not yet been retained, there is no new counsel to substitute in, thereby requiring this motion to be relieved as counsel for the LLC.”

Prior to the commencement of the hearing, Counsel is ordered to electronically file and email to Department 26 a corrected proposed order on form MC-053.  Provided that Counsel file and email the corrected form MC-053, the Court is inclined to grant the motion based on the declaration filed by Counsel.  However, the proposed order on form MC-053 has not been properly completed.

The proposed order on form MC-053 must include the Court’s address in items 7(a), 8 and 9(b).  The proposed order must identify all upcoming hearings and scheduled court appearances.  Instead, the proposed order currently lists only past hearing dates.  The Court’s records show the following upcoming hearings, which must all be listed in the revised proposed order (MC-053):

 

-       The Client’s phone number and email address(es) should be added to item 6.

 

-       Item 7 (next scheduled hearing): 2/13/24 – Hearing on Application for Order for Appearance and Examination.  Miranda Chen’s failure to appear will result in the issuance of a body attachment against Miranda Chen.

 

-       Item 8 (additional hearings): 2/20/24 - Defendants’Cross-Complainants’ motion for attorney’s fees against Plaintiffs/Cross-Defendants.

 

-       Additional language for Item 13: “A corporation or LLC must be represented by licensed counsel in proceedings before this Court. Rolling Roles, LLC will be unable to file or respond to any post judgment motions without first filing a substitution of counsel that makes clear the identity of new counsel.  Moving Counsel is ordered to file proof of service of this signed order on all parties, including Client, within 3 days.”

 

Counsel is responsible for determining if there are any other hearings scheduled or due dates for discovery for this case, including any motions hearings, which must all be listed in the proposed order.  For each hearing, Counsel must state the date, time, and location of the hearing (“111 N. Hill Street, Dept. 26, L.A., CA 90012”). For each due date for discovery, Counsel must identify the nature of the discovery responses that are outstanding, the due date, and the address where verified responses must be sent.

As to Plaintiff Rolling Roles, LLC, the Court notes that while a corporation has the capacity to bring a lawsuit because it has all the powers of a natural person in carrying out its business, under a long-standing common law rule of procedure, 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 Const., Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.)  “[A corporation] must be represented by licensed counsel in proceedings before courts of record.  (Id.)  Accordingly, as only post judgment motions remain, absent a filing of a substitution of counsel, Rolling Roles, LLC will be unable to file or respond to any post judgment motions.

The corrected Order will be signed and filed, and Counsel is relieved as counsel of record for Rolling Roles, LLC effective only upon Counsel’s filing of the proofs of service of the signed Orders upon Rolling Roles, LLC.  Counsel will remain the attorney of record until Counsel files proofs of service of the signed orders on all parties. 

Counsel is ordered to serve copies of the instant order and the signed form MC-053 order on all parties, including Rolling Roles, LLC, and file proof of service of such within 3 days.

 

 

 

DATED: January 10, 2024                                         ___________________________

                                                                              Elaine Lu

                                                                              Judge of the Superior Court