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
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23STCV07980 |
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Hearing
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March
22, 2024 |
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[Tentative]
Order RE: motion to be relieved as counsel for
defendant |
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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:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court