Judge: Thomas D. Long, Case: 19STCV30907, Date: 2022-12-13 Tentative Ruling


Case Number: 19STCV30907    Hearing Date: December 13, 2022    Dept: 48

 

                                                                                                  

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

PAGIEL SHECHTER, M.D., et al.,

                        Plaintiffs,

            vs.

 

ALTA HOSPITALS SYSTEM, LLC, et al.,

 

                        Defendants.

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      CASE NO.: 19STCV30907

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

December 13, 2022

 

Jerome H. Friedberg and Stacey L. Zill of Isaacs Friedberg LLP, counsel of record for Plaintiffs Pagiel Shechter M.D. and Pagiel Shechter M.D. Inc., seek to be relieved as counsel.  Counsel’s declaration states that there has been an irreconcilable breakdown in the attorney-client relationship and representation has been rendered unreasonably difficult, if not impossible.  No party opposed the motion.

Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.  (People v. Prince (1968) 268 Cal.App.2d 398, 406.)  Counsel’s motion complies with California Rules of Court, rule 3.1362.  Trial has not yet been set, and there is no prejudice to Plaintiffs.

The unopposed motion to be relieved is GRANTED and effective upon filing a proof of service showing service of the signed Form MC-053 orders and this order on Pagiel Shechter M.D., Pagiel Shechter M.D. Inc., and all parties who have appeared.

However, “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.)  Therefore, an Order to Show Cause Re: Failure to Retain New Counsel for Pagiel Shechter M.D. Inc. is scheduled for 02/14/2023 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse (February 14, 2023).  Pagiel Shechter M.D. Inc. must retain new counsel by that date or the Court may dismiss its claims.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

 

       Dated this 13th day of December 2022

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court