Judge: Kevin C. Brazile, Case: 21STCV37370, Date: 2023-10-23 Tentative Ruling
Case Number: 21STCV37370. Hearing Date: October 23, 2023 Dept: 20
Tentative Ruling
Judge Kevin C. Brazile
Department 20
Hearing Date: Monday, October 23, 2023
Case Name: Gearhart v. Critter Busters Inc., et al.
Case No.: 21STCV37370
Motion: Motions to be Relieved as Counsel (2x)
Moving Party: The Law Offices of John W. Fagerholm, Ltd.
Responding Party: Unopposed
Notice: OK
Ruling: The Motions are GRANTED.
Moving Party to give notice.
If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.
The Law Offices of John W. Fagerholm, Ltd. seek to be relieved as counsel for Defendants David Charles San Filippo and Critter Busters Inc.
The Motions are granted because they meet all requirements of Cal. Rules of Court, Rule
3.1362.
The Court notes that Defendant Critter Busters Inc. is a corporate entity. A corporation, unlike a natural person, cannot represent itself before courts of record in proper personia, nor can it represent itself through a corporate officer, director, or other employee who is not an attorney. (CLD Const., Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) Accordingly, an OSC Re: Representation will be set for fourteen days from hearing. At that time, Critter Busters Inc. must be prepared to appear with substitute counsel, and substitute counsel must be prepared to update the court as to counsel’s readiness to proceed to trial.
The motion is GRANTED.
Moving party to give notice.
Attorneys are relieved as counsel of record for client effective upon the filing of the proof of service for the Court order (form MC-053) upon the clients.
If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.