Judge: Thomas D. Long, Case: 20STCV10368, Date: 2023-10-13 Tentative Ruling

Case Number: 20STCV10368    Hearing Date: October 13, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On May 10, 2021, Paradigm Industries filed a fourth amended complaint against A’s Match Dyeing Co. Inc. and Strada Developments L.P.

On October 13, 2021, A’s Match and Young Chul Kim filed a cross-complaint against Paradigm Industries and Willian Jun.  They filed an answer on November 12, 2021.

On June 27, 2022, Strada Developments filed a first amended cross-complaint against Young Chul Kim, Paradigm Industries, and A’s Match.  Paradigm Industries filed an answer on July 28, 2022.

On August 14, 2023, Paradigm Industries filed a Substitution of Attorney, indicating that Reshma Kamath was withdrawing.  The form indicates that “Party is representing self,” with William Jun’s name listed without a State Bar Number.  The same day, Strada Developments filed an objection to the Substitution of Attorney.

On August 29, 2023, Strada Developments filed a motion to strike.  Strada Developments asks the Court to strike Paradigm Industries’ answer to Strada’s first amended cross-complaint and dismiss Paradigm’s fourth amended complaint as to Strada.  In the alternative, Strada asks the Court to strike the Substitution of Attorney.

The court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court.  (Code Civ. Proc., § 436, subds. (a)-(b).)

“[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.)  William Jun is not listed in the State Bar of California’s Attorney Search.  Accordingly, William Jun cannot represent Paradigm Industries, and the Substitution of Attorney was not filed in conformity with the law.

The motion to strike is GRANTED IN PART.  The Substitution of Attorney, filed on August 14, 2023, is ordered stricken.  The Court cannot force Paradigm Industries to be represented by counsel that it no longer wants.  Therefore, on the Court’s own motion, Reshma Kamath is relieved as counsel for Paradigm Industries.

The Final Status Conference is currently scheduled for October 30, 2023.  However, the Court will be dark on that date.

The Final Status Conference scheduled for October 30, 2023 at 9:00 a.m. is advanced to this date and continued to November 13, 2023 at 9:00 a.m.  The Jury Trial (7-day estimate) scheduled for November 13, 2023 at 9:00 a.m. is advanced to this date and continued to November 27, 2023 at 9:00 a.m.

An Order to Show Cause Re: Failure to Retain New Counsel for Paradigm Industries is also scheduled for November 13, 2023 at 9:00 a.m.  If Paradigm Industries does not retain new counsel by that date, the Court will dismiss its fourth amended complaint, strike its answer to the cross-complaint of A’s Match and Young Chul Kim and place it in default, and strike its answer to the first amended cross-complaint of Strada Developments and place it in default.

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 13th day of October 2023