Judge: Robert B. Broadbelt, Case: 23STCV07980, Date: 2024-02-27 Tentative Ruling

Case Number: 23STCV07980    Hearing Date: March 22, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

 

 

mary erickson ;

 

Plaintiff,

 

 

vs.

 

 

intercity fellowship hall , et al.;

 

Defendants.

Case No.:

23STCV07980

 

 

Hearing Date:

March 22, 2024

 

 

Time:

10:00 a.m.

 

 

 

[Tentative] Order RE:

 

motion to be relieved as counsel for defendant

 

 

MOVING PARTY:                 Zachary McCready    

 

RESPONDING PARTY:        Plaintiff Mary Erickson

Motion to be Relieved as Counsel for Defendant

The court considered the moving and opposition papers filed in connection with this motion.  No reply papers were filed.

DISCUSSION

Zachary McCready (“Defendant’s Counsel”) filed the pending motion to be relieved as counsel for defendant Intercity Fellowship Hall (“Defendant”) on February 29, 2024.  Thereafter, on March 6, 2024, Defendant filed a “Substitution of Attorney – Civil” form, stating that Defendant is substituting in as counsel to represent itself in this action in place of Defendant’s Counsel.  (Mar. 6, 2024 MC-050, ¶¶ 1-2.)  Thus, the court finds that Defendant’s Counsel’s motion to be relieved as counsel for Defendant is moot. 

The court therefore orders that Zachary McCready’s motion to be relieved as counsel for defendant Intercity Fellowship Hall is taken off calendar. 

The court also notes that Defendant is not permitted to represent itself since it is a corporation.  (MC-051 filed Feb. 29, 2024, ¶ 4, subd. (b) [stating that Defendant is a corporation]; CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145 [a corporation “cannot represent itself before courts of record in propria persona”].)

The court therefore sets an Order to Show Cause re why defendant Intercity Fellowship Hall’s answer should not be stricken because it is a corporation not represented by counsel for hearing on June 10, 2024, at 10:00 a.m., in Department 53.  Any response shall be filed and served no later than nine court days before the hearing on the Order to Show Cause.

The court orders plaintiff Mary Erickson to give notice of this ruling.

 

IT IS SO ORDERED.

 

DATED:  March 22, 2024

 

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court