Judge: Elaine W. Mandel, Case: 21SMCV00393, Date: 2022-10-04 Tentative Ruling

Case Number: 21SMCV00393    Hearing Date: October 4, 2022    Dept: P

Tentative Ruling
Aina, LLC v. County of Los Angeles, et al., Case No. 21SMCV00393
Hearing date October 4, 2022
Defendants City of West Hollywood, Cosylion and Barela’s Motion to Dismiss

On May 26, 2022, the Court granted a motion to be relieved by Plaintiff’s then counsel, Pacheco & Neache. City, Cosylion and Barela move to dismiss because Plaintiff has failed to secure new counsel. There is no opposition.

“A corporation cannot represent itself in a court of record in propria persona or through an officer or agent who is not an attorney.” (Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Board (2002) 99 Cal.App.4th 1094, 1096.) Courts have the inherent authority to dismiss an action that is maintain by a corporate entity that does not have counsel. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1150.)

Plaintiff is a corporate entity. (Brand Decl. Ex. B [notice of motion ¶ 4k].) Plaintiff is no longer represented by counsel and has not been since May 26, 2022. (Id. Ex. C.) Plaintiff did not appear at an order to show cause hearing on July 13, 2022, to explain its failure to retain counsel. (Id. ¶ 11.) There is nothing in the court file indicating Plaintiff retained counsel as of September 28, 2022. Plaintiff has had sufficient time to retain counsel and has not done so. This delay has caused a delay in discovery, with an upcoming trial date, prejudicing defendant. (Id. ¶ 12.)

Motion GRANTED.