Judge: John J. Kralik, Case: 23BBCV02210, Date: 2024-07-19 Tentative Ruling

Case Number: 23BBCV02210    Hearing Date: July 19, 2024    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

Defense counsel, William D. Koehler, Esq. (“Counsel”), moves to be relieved as counsel for Defendant Norton Sales, Inc. (“Defendant”). 

Counsel filed this instant motion to be relieved as counsel on June 13, 2024.  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 Carlos Guzman, President of Norton Sales, Inc., requested that Counsel filed this motion and Mr. Guzman has consented to Counsel being relieved as counsel of record.  (MC-052, §2.)  Mr. Guzman also provides his declaration stating that there are 3 pending actions stemming from a wrongful death lawsuit to which his company had minimal involvement and his company can no longer afford the financial burden or retaining Counsel.  (Guzman Decl., ¶¶2-3.)  He states his understanding that a corporation cannot represent itself.  (Id., ¶4.)  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 telephone and conversation within the past 30 days of filing the motion.  

As for future hearing dates, a Status Conference re: Private Mediation is set for September 12, 2024; a Final Status Conference is set for October 31, 2024; and the Jury Trial is set for November 12, 2024.  Thus, there is sufficient time for Defendant to obtain substitute counsel.

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 Defendant. 

In addition, as Defendant Norton Sales, 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 Norton Sales, Inc. for September 12, 2024 at 8:30 a.m.

Notice to be provided by Counsel.

DATED: July 19, 2024                                                           ___________________________

                                                                                          John J. Kralik

                                                                                          Judge of the Superior Court