Judge: Thomas D. Long, Case: 20STCP01281, Date: 2023-05-16 Tentative Ruling

Case Number: 20STCP01281    Hearing Date: June 22, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Sauer & Wagner LLP, counsel of record for Plaintiffs Seviinth Wave, Inc. and Dott Nguyen, seeks to be relieved as counsel.  Counsel’s declaration states that Plaintiffs have not paid their fees in accordance with their engagement agreement with counsel.

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 motions comply with California Rules of Court, rule 3.1362.  Trial has not yet been set, and there is no prejudice to Plaintiffs.

The unopposed motions to be relieved are GRANTED and effective upon filing a proof of service showing service of the signed Form MC-053 orders and this order on Seviinth Wave, Inc., Dott Nguyen, 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.)  An Order to Show Cause Re: Failure to Retain New Counsel for Seviinth Wave, Inc. is scheduled for 08/08/2023 at 8:30 AM in Department 48 at Stanley Mosk Courthouse.  Seviinth Wave, Inc. must retain new counsel before 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 22nd day of June 2023