Judge: Elaine W. Mandel, Case: 22SMCV00923, Date: 2025-03-13 Tentative Ruling

Case Number: 22SMCV00923    Hearing Date: March 13, 2025    Dept: P

Tentative Ruling

8827 Pico v. BHTK, Inc., Case no. 22SMCV00923

Hearing date March 13, 2025

Counsel Berzner’s Motion to be Relieved

Plaintiff 8827 Pico, LLC sues defendants BHTK, Inc. and Morris for breach of contract arising from defendants’ alleged failure to pay commercial rent. Counsel for BHTZ, Berzner, moves to be relieved on the grounds BHTK is a suspended corporation that cannot prosecute or defend an action in California. Decl. Berzner para. 2. BHTK does no oppose the motion.

An application to be relieved must be made on judicial counsel form MC-051 (Notice of Motion and Motion) per Cal. Rules of Court, rule 3.1362(a), MC-052 (Declaration) per CRC rule 3.1362(c), and MC-053 (Proposed Order) per CRC rule 3.1362(e). The proposed order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known. CRC rule 3.1362(e). Counsel complied with all 3.1362 requirements.

Trial is not set. BHTK cannot prosecute or defend actions in California court, but if it cures its suspension, it will have sufficient time to retain new counsel, so granting the relief will not prejudice BHTK. GRANTED.