Judge: John J. Kralik, Case: 22BBCV00571, Date: 2025-03-07 Tentative Ruling
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Case Number: 22BBCV00571 Hearing Date: March 7, 2025 Dept: NCB
North
Central District
|
vision
construction group, inc., Plaintiff, v. hy-max building
corp.,
et al., Defendants. |
Case
No.: 22BBCV00571 Hearing Date: March 7, 2025 [TENTATIVE]
order RE: motion to be relieved as counsel |
Plaintiff’s counsel, Robert A. Sternberg
of Sternberg & Associates, APLC (“Counsel”), moves to be relieved as
counsel for Plaintiff Vision Construction Group, Inc. (“Plaintiff”).
Counsel filed this instant motion to be
relieved as counsel on February 10, 2025. 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 Counsel has health issues,
including Pulmonary Arterial Hypertension, which has limited his ability to
maintain an active law practice. (MC-052,
§2; Sternberg Decl., ¶6.) He states that
he has given notice to his active clients that he is downsizing his practice
with a view toward terminating it. (Id.) For these reasons, Counsel seeks to withdraw
from representing Plaintiff in this action.
Counsel served Plaintiff at its last known
mailing address. Attorney Larry A.
Rothstein states in his declaration that he is assisting Counsel Sternberg with
filing this motion. Mr. Rothstein states
that Jonathan Rivas is designated as the agent for service of process for
Plaintiff and that Mr. Rivas has not returned any of his calls or emails, but
that notice has been given at the most current addresses for Mr. Rivas and
Plaintiff. (Rothstein Decl.,
¶¶2-5.) Counsel for Defendants were also
served with the motion by e-mail.
As for future hearing dates, the Final
Status Conference and Trial are set for April 7, 2025. While the trial is approaching, it appears
that Plaintiff has not been communicating with Counsel to advance this
action.
Accordingly, the motion to be relieved as
counsel is granted. The order electronically
lodged by Counsel will be signed at the hearing. The order will become effective upon the
filing of a proof of service of a signed copy of the order on Plaintiff.
In
addition, as Plaintiff is a corporate entity, it cannot represent itself
in propria persona. (See Rogers v. Municipal Court (1988)
197 Cal.App.3d 1314, 1318.) Department B is dark on March 27, 2025.
Therefore, on the Court’s own motion, the Final Status Conference set on March
27, 2025, is continued to April 7, 2025. Thus, the Court will set an Order to
Show Cause re Status of Representation of Plaintiff Vision Construction Group,
Inc. for April 7, 2025 at 9:30 a.m. to be heard concurrently with the Final
Status Conference and Trial.
Notice to be provided by Counsel.
DATED: March 7, 2025 ___________________________
John
J. Kralik
Judge
of the Superior Court