Judge: John J. Kralik, Case: 23BBCP00026, Date: 2023-10-27 Tentative Ruling
Case Number: 23BBCP00026 Hearing Date: October 27, 2023 Dept: NCB
North
Central District
|
ZIRI RIDEAUX,
et al., Plaintiffs, v. PACIFICA
FOUNDATION INC., et al., Defendants. |
Case No.:
23BBCVP00026 Hearing
Date: October 27, 2023 [TENTATIVE]
order RE: motion to be relieved as counsel |
Defense counsel, Matthew B. Learned of For
Purpose Law Group (“Counsel”), moves to be relieved as counsel for Defendant Pacifica
Foundation, Inc. (“Defendant”).
Counsel filed this instant motion to be
relieved as counsel on September 12, 2023. Counsel has filed the requisite MC-051 and
MC-052 forms pursuant to CRC Rule 3.1362.
However, Counsel has not lodged an MC-053 proposed order form.
According to the declaration of Counsel,
Counsel seeks to be relieved as counsel because Defendant has not voluntarily
consented to Counsel’s request to be relieved.
Counsel states that there is a breakdown of the working relationship
with Defendant. (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 Defendant’s website and by reviewing
its Statement of Information filed with the Secretary of State on June 6, 2023,
within the past 30 days of filing the motion. Plaintiff’s counsel was also served with the
motion by electronic service.
As for future hearing dates, the Final
Status Conference is set for April 4, 2024 and the Trial is set for April 15, 2024.
Thus, there is sufficient time for Defendant
Pacifica Foundation, Inc. to obtain substitute counsel.
Accordingly, the motion to be relieved as
counsel is granted. Counsel is ordered
to electronically lodge with the Court an MC-053 proposed order form that has
been properly filled out with the requisite information. The Court will review and sign the proposed
order form. The order will become
effective upon the filing of proof of service of a signed copy of the order on Defendant.In addition, as Defendant Pacifica
Foundation, Inc. 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
Pacifica Foundation, Inc. for December 6, 2023 at 8:30 a.m.'
Notice to be provided by Counsel.
************MC-053 rejected on 10/24/23 because #6 was not completed-no phone number included.
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