Judge: Thomas D. Long, Case: 19STCV30907, Date: 2025-06-05 Tentative Ruling
Case Number: 19STCV30907 Hearing Date: June 5, 2025 Dept: 48
SUPERIOR
COURT OF THE STATE OF CALIFORNIA
FOR THE
COUNTY OF LOS ANGELES - CENTRAL DISTRICT
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PAGIEL SHECHTER, M.D., et al., Plaintiffs, vs. ALTA HOSPITALS SYSTEM, LLC, et al., Defendants. |
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[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED
AS COUNSEL Dept. 48 8:30 a.m. June 5, 2025 |
Brian
M. Taylor and Joshua B. Bailey of Boutin Jones Inc. (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 Plaintiffs have
failed to perform their obligations under the engagement agreement, despite multiple
attempts to enforce the agreement. No party
opposed the motions.
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. This matter is currently stayed due to Defendants’
bankruptcy proceedings, so there is no prejudice to Plaintiffs.
The
proposed order does not state the correct next hearing date. The Court will amend this information before signing
the order.
The
unopposed motion to be relieved is GRANTED and effective upon filing a proof of
service showing service of the signed Form MC-053 order 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 October 16,
2025 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.
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. If all parties
in the case submit on the tentative ruling, no appearances before the Court are
required unless a companion hearing (for example, a Case Management Conference)
is also on calendar.
Dated this 5th day of June 2025
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Hon. Thomas D. Long Judge of the Superior
Court |