Judge: John J. Kralik, Case: 22BBCV00372, Date: 2022-08-12 Tentative Ruling
Case Number: 22BBCV00372 Hearing Date: August 12, 2022 Dept: NCB
North
Central District
|
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.