Judge: Elaine Lu, Case: 22STCV00268, Date: 2023-04-14 Tentative Ruling
1. If you wish to submit on the tentative ruling,
please email the clerk at SMCdept26@lacourt.org (and “cc” all
other parties in the same email) no later than 7:30 am on
the day of the hearing, and please notify all other parties in advance that you
will not be appearing at the hearing. Include the word "SUBMISSION" in all caps in the
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the party you represent in the body of the email. If you submit on the
tentative and elect not to appear at the hearing, the opposing party may
nevertheless appear at the hearing and argue the motion, and the Court may
decide not to adopt the tentative ruling.
2.
For any motion where no parties submit to the tentative ruling in
advance, and no parties appear at the motion hearing, the Court may elect to
either adopt the tentative ruling or take the motion off calendar, in its
discretion.
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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: 22STCV00268 Hearing Date: April 14, 2023 Dept: 26
randy Plaintiff, v.
CHICK N’ KINGS,
Defendants. |
Case No.: 22STCV00268
Hearing Date: April 14, 2023 [TENTATIVE] motion to be relieved as counsel
|
On February 2, 2023, Tommy SF Wang (“Counsel”)
filed the instant motions to be relieved as counsel for Defendants Chick N’
Kings, LLC, Chick N’ Skin, LLC, Jimmy Liang, and Edward Chien (collectively “Clients”). On February 24, 2023, the Court advanced the
instant motions, and Counsel filed amended papers.
Counsel has filed a form MC051 and MC-052 as
to each Client and has lodged with the Court copies of the proposed order for
each Client on form MC-053 pursuant to CRC Rule 3.1362.
The MC-052 forms states that Counsel
served Clients via mail at Clients’ last known mailing address which Counsel
states he has confirmed as current within 30 days of the motion by
conversation.
Counsel states that the Clients have asked
that Counsel cease all work and have refused to continue to participate in this
matter.
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, Los Angeles, 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 defendants Chick N’ Kings, LLC and
Chick N’ Skin, LLC the Court notes that while a corporation or LLC 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 or LLC, 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.;
Gutierrez v. G & M Oil Co., Inc.
(2010) 184 Cal.App.4th 551, 564; Thomas
G. Ferruzzo, Inc. v. Superior Court (1980) 104 Cal.App.3d 501, 503.)
However, “[a]n attorney may be allowed to withdraw without offending the rule
against corporate self-representation.” (Thomas
G. Ferruzzo, Inc., supra, 104 Cal.App.3d at 504.)
In light of these authorities, the Court
will require that Chick N’ Kings, LLC and Chick N’ Skin, LLC timely retain new
counsel and file a substitution of counsel within 30 days of service of the
signed order (MC-053) so that new counsel will be prepared for trial by the
current trial date. The court hereby sets
an OSC regarding status of Chick N’ Kings, LLC’s and Chick N’ Skin, LLC’s representation
for May 30, 2023 at 8:30 am in Department 26.
Chick N’ Kings, LLC and Chick N’ Skin, LLC are ordered to appear on May
30, 2023 with its new counsel, who should be prepared to address counsel’s
readiness for trial by the current trial date.
If Chick N’ Kings, LLC or Chick N’ Skin,
LLC fail to file a substitution of counsel within 30 days of service of the
signed order, Chick N’ Kings, LLC and Chick N’ Skin, LLC are ordered to appear
on May 30, 2023 at 8:30 am in Department 26 and show cause why Chick N’ Kings,
LLC’s and Chick N’ Skin, LLC’s answers should not be stricken, and why default
and default judgment should not be entered against Chick N’ Kings, LLC and
Chick N’ Skin, LLC on Plaintiff’s Complaint.
Chick N’ Kings, LLC’s or Chick N’ Skin, LLC’s failure to appear on May
30, 2023 at 8:30 am in Department 26 shall be deemed consent to: striking of Chick
N’ Kings, LLC’s and Chick N’ Skin, LLC’s answers, and entry of default and
default judgment against Chick N’ Kings, LLC and Chick N’ Skin, LLC on
Plaintiff’s Complaint.
The Orders are signed and filed, and Counsel
is relieved as counsel of record for Defendants Chick N’ Kings, LLC, Chick N’
Skin, LLC, Jimmy Liang, and Edward Chien, effective only upon Counsel’s filing
of the proofs of service of the signed Orders upon each client Defendants Chick
N’ Kings, LLC, Chick N’ Skin, LLC, Jimmy Liang, and Edward Chien at each Client’s
last known address. Counsel will remain
the attorney of record until Counsel files proofs of service of the signed
orders as to Defendants Chick N’ Kings, LLC, Chick N’ Skin, LLC, Jimmy Liang,
and Edward Chien.
Counsel is ordered to serve copies of the
instant order and the signed form MC-053 order on all parties, including Defendants
Chick N’ Kings, LLC, Chick N’ Skin, LLC, Jimmy Liang, and Edward Chien, and
file proof of service of such by April 18, 2023.
DATED: April 14, 2023 ___________________________
Elaine
Lu
Judge
of the Superior Court