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

 

Superior Court of California

County of Los Angeles

North Central District

Department B

 

 

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