Judge: John J. Kralik, Case: 24NNCV01072, Date: 2024-07-19 Tentative Ruling
Case Number: 24NNCV01072 Hearing Date: July 19, 2024 Dept: NCB
North
Central District
|
ascot
underwriting ltd., Plaintiffs, v. united
aeronautical corporation, et al., Defendants. |
Case No.: 24NNCV01072 Hearing Date: July 19, 2024 [TENTATIVE]
order RE: motion to be relieved as counsel |
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, the Case
Management Conference is set for September 11, 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.) The Court notes that there are two other
motions to be relieved as counsel filed by Counsel in Case Nos. 22STCV31797 and
23BBCV02210. The Court has set Orders to
Show Cause re Status of Representation of Defendant Norton Sales, Inc. for September
12, 2024 in those cases. For consistency
purposes, the Court sets an Order to Show Cause re Status of Representation of
Defendant Norton Sales, Inc. for September 12, 2024 at 8:30 a.m. in this case
as well.
Notice to be provided by Counsel.
DATED: July 19, 2024 ___________________________
John
J. Kralik
Judge
of the Superior Court