Judge: Lynne M. Hobbs, Case: 24STCV02122, Date: 2025-05-09 Tentative Ruling
Case Number: 24STCV02122 Hearing Date: May 9, 2025 Dept: 61
CASSIDY REPHANN, AN INDIVIDUAL, et al. vs FORWARD WESTWOOD, INC., A CALIFORNIA CORPORATION, et al.
Tentative:
The present motion pertains to Lauren Katunich and Matthew Pate of the firm Raines Feldman Littrell LLP, counsel for Defendant Forward Westwood, Inc. The motion includes a declaration of Pate, who states that there has been an irreparable breakdown in the attorney-client relationship. The motion is accompanied by a proof of service and a proposed order listing the upcoming dates of hearing, including the trial date of May 19, 2026. The proposed order does not include other hearing dates for other motions to be relieved as counsel now set for May 30, 2025, and motions to compel further set for August 7, 14, and 19, 2025.
Additionally, as a corporate defendant, Forward Westwood Inc. cannot proceed in this action without counsel to represent it. (See Merco Construction Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729 [corporations cannot appear in propria persona].) “[T]he court retains authority to dismiss an action if an unrepresented corporation does not obtain counsel within reasonable time.” (CLD Construction, Inc, supra, 120 Cal.App.4th at p. 1150.) However, the corporation must be given an opportunity to correct the defect after receiving notice that the failure to do so could result in the striking of their pleadings. (See id. at pp. 1146–1147.) Accordingly, it is proper to set an OSC re: Forward Westwood’s obtaining of counsel and the potential striking of its answer.
Lauren Katunich, Matthew Pate, and Raines Feldman Littrell LLP’s Motion to be Relieved as Counsel for Defendant Forward Westwood, Inc. is GRANTED, effective upon moving counsel filing with the court proof of service of a copy of the signed order on the client, as set forth in Cal. Rules of Court Rule 3.1362(e).This order shall include the hearing dates for the motions to be relieved as counsel set for May 19, 2025, and the motions to compel further set for August 7, 14, and 19, 2025. An OSC also shall be set regarding Forward Westwood’s obtaining of counsel and the potential striking of its answer.
Counsel is ordered to submit an amended order with all of the upcoming dates to the Court for its signature within three (3) days.
Counsel is ordered to serve the client and parties with the amended order, and file proof of service with the court within five (5) days of the Amended Order.
Judicial Assistant is to calendar an OSC re representation for the next hearing date on schedule.