Judge: John J. Kralik, Case: 22BBCV00474, Date: 2022-10-28 Tentative Ruling

Case Number: 22BBCV00474    Hearing Date: October 28, 2022    Dept: NCB

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

jacqueline wilson,

                        Plaintiff,

            v.

 

harvest capital llc, et al.,

 

                        Defendants.

 

  Case No.:  22BBCV00474

 

  Hearing Date:  October 28, 2022

 

 [TENTATIVE] order RE:

motions to be relieved as counsel

 

 

Defense counsel, Sarah G. Hartman (“Counsel”), moves to be relieved as counsel for Defendants Harvest Capital LLC and Jack Smith (“Defendants”). 

Counsel filed the two motions to be relieved as counsel on September 26, 2022.  Counsel has filed the requisite forms pursuant to CRC Rule 3.1362. 

According to the declarations of Counsel, Counsel seeks to be relieved as counsel because Defendants have breached the engagement and retainer agreement despite having been informed of the breach.  Counsel states that Defendants were amenable to Counsel’s withdrawal, but Defendants’ attempts to obtain new counsel have been unsuccessful.  (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 telephone within the past 30 days of filing the motion.  Plaintiff’s counsel and counsel for Defendant Jeremy Butrous were also served with the motion by mail.

As for future hearing dates, a Case Management Conference is set for November 29, 2022.  The action was filed on July 1, 2022 and 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 a signed copy of the order on each of the Defendants. 

In addition, as Defendant Harvest Capital 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 Harvest Capital LLC for November 29, 2022 at 8:30 a.m., concurrently with the Case Management Conference.

Notice to be provided by Counsel.