Judge: Marcella O. Mclaughlin, Case: 37-2022-00048364-CU-WT-CTL, Date: 2024-02-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 01, 2024

02/02/2024  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Wrongful Termination Motion Hearing (Civil) 37-2022-00048364-CU-WT-CTL TINDER VS AMERICAN AVIATION MAINTENANCE INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 12/22/2023

A. The unopposed motion by attorney John Estefanos to be relieved as counsel for defendant American Aviation Maintenance, Inc. is GRANTED, subject to Mr. Estefanos providing proof on or before the hearing that defendant received notice of today's hearing or waived objections to defects in service.

Assuming such proof is provided, Mr. Estefanos is directed to submit a revised proposed order on form MC-053; the proposed order lodged with the moving papers (ROA 48) references the wrong hearing date. Mr. Estefanos is further directed to comply with the requirements of CRC 3.1362(e) upon receipt of the executed copy of the order.

B. The court sets an order to show cause hearing for defendant American Aviation Maintenance, Inc. to show why its answer (ROA 16) should not be stricken for failure to substitute an attorney to represent it.

'A corporation cannot appear in court by an officer who is not an attorney and it cannot appear in propria persona.' Paradise v. Nowlin (1948) 86 Cal.App.2d 897, 898. 'It must be represented by licensed counsel[.]' CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145. The OSC will be heard on March 29, 2024 at 11:00 a.m. in Department 72.

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