Judge: Stephanie M. Bowick, Case: 23STCV05921, Date: 2023-12-19 Tentative Ruling

Case Number: 23STCV05921    Hearing Date: February 7, 2024    Dept: 19

On the Court’s own motion, the hearing on the two  Demurrers – without Motion to Strike by Defendants Union Auto Group, Inc., and San Son Oh, and the Case Management Conference are CONTINUED to April 15, 2024, at 8:30 a.m. in Department 19 of the Stanley Mosk Courthouse.

Although the Court granted counsel for Plaintiffs’ Motions to be Relieved as Counsel, counsel for Plaintiffs has not filed proof that the signed orders were served upon clients. In Section 5 of the signed orders, the Court delayed the effective date of the orders relieving counsel until proof of service of a copy of the signed order on the clients has been filed with the Court. Thus, Mr. Nakatsu remains counsel of record for Plaintiffs. (See Cal. R. Ct., 3.1362(e).)

The Notice of Ruling filed by Counsel David Y. Nakutsu on December 19, 2023, is insufficient because it does not show or state that the signed orders to be relieved were properly served on the clients.

Since no proper proofs of service of the signed orders to be relieved have been filed, the Court finds that Plaintiffs Dentway, Inc., 6 Autosound, and Choi’s Smog are still represented by David Y. Nakatsu and the clients have also not received notice that as business entities, they must retain a licensed attorney in order to prosecute this action and cannot be represented by an owner or business representative.

Thus, the Court continues the hearings.

The Court sets a hearing on OSC Re: Failure to File Proof of Service for Orders to Be Relieved for April 15, 2024 And Why Sanctions Should Not Be Imposed in Department 19 of the Stanley Mosk Courthouse.  Counsel David Y. Nakutsu is ordered to appear in person.

Clerk to give notice.