Judge: John J. Kralik, Case: 22BBCV00372, Date: 2022-08-12 Tentative Ruling

Case Number: 22BBCV00372    Hearing Date: August 12, 2022    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

mgp xi-gpi laurel plaza, llc,

                        Plaintiff,

            v.

 

winvest ventures, llc dba mr. fries man, et al.,

 

                        Defendants.

 

  Case No.:  22BBCV00372

 

  Hearing Date:  August 12, 2022

 

 [TENTATIVE] order RE:

motions to be relieved as counsel

 

 

Defense counsel, Walter Tyrrel Shatford IV (“Counsel”), moves to be relieved as counsel for Defendants Winvest Ventures LLC and Ronald Wizgan (“Defendants”).

Counsel filed the two motions to be relieved as counsel on July 11, 2022.  On July 29, 2022, Counsel filed a second set of proposed orders.  Counsel has filed the requisite forms pursuant to CRC Rule 3.1362. 

According to the declaration of Counsel, Counsel seeks to be relieved as counsel because there are differences between Counsel and Defendants, making it unreasonably difficult to carry out the representation effectively.  (MC-052, §2.)  For these reasons, Counsel seeks to withdraw from representing Defendants in this action. 

Counsel properly served Defendants at their last known mailing address, which was confirmed by electronic chat messaging within the past 30 days of filing the motion.  Plaintiff’s counsel was also served with the motion by mail.

As for future hearing dates, a demurrer is set for September 2, 2022.  No trial date has been set.  Thus, there is sufficient time for Defendants to obtain substitute counsel.

Accordingly, the motions to be relieved as counsel are granted.  The orders electronically lodged by Counsel will be signed at the hearing.  The orders will become effective upon the filing of a proof of service of signed copies of the orders on Defendants. 

In addition, as Defendant Winvest Ventures LLC is a corporate entity, it cannot represent itself in propria persona.  (See Rogers v. Municipal Court (1988) 197 Cal.App.3d 1314, 1318.)  Thus, the Court will set an Order to Show Cause re Status of Representation of Defendant Winvest Ventures LLC for October 12, 2022 at 8:30 a.m.

Notice to be provided by Counsel.