Judge: Michelle C. Kim, Case: 20STCV32640, Date: 2023-05-02 Tentative Ruling

Case Number: 20STCV32640    Hearing Date: May 2, 2023    Dept: 31

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendants AM Solutions Transport, LLC (“AM Solutions”) and Jose V. Quintanilla (“Quintanilla”) (collectively, “Defendants”) attorney of record, Paul N. Jacobs/Jacobs & Dodds (“Counsel”), has filed a motion to be relieved as counsel as to each AM Solutions and Quintanilla.  Counsel contends relief is necessary because AM Solutions and Quintanilla are not cooperating with Counsel.  Counsel declares it served the moving papers on Defendants via mail at the AM Solutions’ and Quintanilla’s last known address after confirming the address as current through a private investigator.  Counsel has filed proof of service on Defendants and on Plaintiff.

The Court wishes to hear from Counsel concerning what the private investigator’s search involved in confirming AM Solution’s and Quintanilla’s address.  Assuming the court is satisfied with confirmation of Defendants’ address, the motion will be granted; the ruling is effective upon filing proof of service of the final order.  The Court notes trial is not scheduled until September 18, 2023.  Therefore, there is sufficient time for Defendants to seek other counsel or otherwise prepare prior to trial.

In California, a corporation cannot represent itself in a court of record either in propria persona or through an officer or agent who is not an attorney.  (Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101.)  Answering a complaint on behalf of a corporation constitutes the unauthorized practice of law.  (Bus. & Prof. Code, § 6125; Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 730; Rogers v. Municipal Court (1988) 197 Cal. App. 3d 1314, 1318, 243 Cal. Rptr. 530.)  A corporation that attempts to appear in court without an attorney is entitled to “a reasonable time to secure counsel.”  (CLD Construction v. City of San Ramon (2004) 120 Cal. App. 4th 1141, 1148.)  However, if after a reasonable time the corporation does not retain counsel, the court may enter a default judgment against the corporation.  (Van Gundy v. Camelot Resorts, Inc. (1983) 152 Cal.App.3d Supp. 29, 32, 199 Cal. Rptr. 771; see also CLD Construction v. City of San Ramon, supra, 120 Cal. App. 4th at p. 1149, [Holding that the court may “treat a corporation's failure to be represented by an attorney as a defect that may be corrected, on such terms as are just in the sound discretion of the court.”].)  AM Solutions and any agents thereof, are put on notice that it must retain counsel within a reasonable time or risk potential adverse rulings and judgment.  AM Solutions is ordered to obtain counsel within 30 days or show cause why it has not done so.  If the motion is granted, an Order to Show Cause Re: AM Solutions Retaining Counsel is set for __________ at 8:30 a.m. in this Department. 

If Counsel is unable to show that they served Defendants at a confirmed address, then the requirement that Counsel serve the moving papers on the Clerk of the Court pursuant to CCP §1011(b) and California Rules Court, rule 3.1362(d) would preclude the granting of the motion. 

Moving Counsel is ordered to give notice. 

PLEASE TAKE NOTICE:

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement.
• If a party intends to submit on this tentative ruling, the party must send an email to the court at sscdept31@lacourt.org with the Subject line “SUBMIT” followed by the case number.  The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting.  
• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument.  You should assume that others may appear at the hearing to argue.  
• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court.  After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave. 

Dated this 2^nd day of May 2023