Judge: John J. Kralik, Case: 22BBCV02531, Date: 2025-05-02 Tentative Ruling
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Case Number: 22BBCV02531 Hearing Date: May 2, 2025 Dept: NCB
North
Central District
|
drywall
zone, inc., Plaintiff, v. 7007 riverside
llc, Defendant. |
Case No.: 22BBCV02531 Hearing Date: May 2, 2025 [TENTATIVE]
order RE: motion to be relieved as counsel |
Defense counsel, Ilene Kurtzman
(“Counsel”), moves to be relieved as counsel for Defendant 7007 Riverside LLC
(“Defendant”).
Counsel filed this instant motion to be
relieved as counsel on April 2, 2025. Counsel has filed the requisite MC-051 and
MC-052 forms pursuant to CRC Rule 3.1362.
However, Counsel has not properly lodged a proposed MC-053 order form
as items 1 and 6 were not properly filled out.
According to the declaration of Counsel,
Counsel seeks to be relieved as counsel because the attorney-client
relationship has deteriorated to the point where continued representation is no
longer possible. (MC-052, §2.) For these reasons, Counsel seeks to withdraw
from representing Defendant in this action.
Counsel properly served Defendant at its
last known mailing address, which was confirmed by the business address that
continues to be active and the physical address of Defendant according to its
records on the California Secretary of State website. Counsel also served the documents
electronically.
As for future hearing dates, a motion to
be relieved as counsel (with respect to Defendant Mikayel Israyelyan) is set
for March 23, 2025, the Final Status Conference is set for August 28, 2025, and
the Trial is set for September 8, 2025. While
trial is approaching, there is still time for Defendant to obtain substitute
counsel.
Accordingly, the motion to be relieved as
counsel is granted. Counsel is ordered
to electronically lodge a corrected MC-053 form for the Court’s signing. The order will become effective upon the
filing of a proof of service of a signed copy of the order on Defendant.
In addition, as Defendant 7007 Riverside
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 7007 Riverside LLC for July 17, 2025
at 8:30 a.m.
Notice to be provided by Counsel.
DATED: May 2, 2025 ___________________________
John
J. Kralik
Judge
of the Superior Court