Superior Court of California

County of Los Angeles

North Central District

Department B

ARF Financial, llc fka advance restaurant finance, llc,

Plaintiff,

WE WAFFLE, LLC, et al.,

Defendants.

Case No.: 23BBCV01776

Hearing Date: February 2, 2024

[TENTATIVE] order RE:

motions to be relieved as counsel

Defense counsel, Jeffery P. Boykin (“Counsel”), moves to be relieved as counsel for Defendants Michael Donoho and We Waffle LLC (“Defendants”).

Counsel filed these two motions to be relieved as counsel on December 12, 2023. 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 Defendants did not voluntarily consent to Counsel’s request to be relieved despite several email and telephone requests. (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.

As for future hearing dates, the Case Management Conference and OSC re: Dismissal of Case are concurrently set for February 2, 2024. 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 We Waffle 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 We Waffle LLC for March 14, 2024 at 8:30 a.m.

Notice to be provided by Counsel.

DATED: February 2, 2024 ___________________________

John J. Kralik

Judge of the Superior Court