Judge: Thomas D. Long, Case: 20STCV14356, Date: 2022-08-09 Tentative Ruling

Case Number: 20STCV14356    Hearing Date: August 9, 2022    Dept: 48

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

EULER HERMES NORTH AMERICA INSURANCE COMPANY,

                        Plaintiff,

            vs.

 

FREELOADER INC.,

 

                        Defendant.

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      CASE NO.: 20STCV14356

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

August 9, 2022

 

Jason J. Kim, counsel of record for Defendant Freeloader Inc., seeks to be relieved as counsel.  Counsel’s declaration states there has been a breakdown of the attorney-client relationship.  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.  Default judgment has already been entered in this action, so there is no prejudice to Defendant.

When Defendant’s counsel filed this motion, there were no future hearing dates.  On July 15, 2022, Plaintiff filed, and the Court issued, an Application and Order for Appearance and Examination, setting a hearing on October 27, 2022 at 8:30 a.m.  The Court will amend the proposed Form MC-053 to include this information.

The unopposed motion to be relieved is GRANTED and effective upon filing a proof of service showing service of the signed Form MC-053 and this order on Freeloader 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.)  Freeloader Inc. must obtain new counsel before making any future appearances in this action.

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 9th day of August 2022

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court