Judge: Thomas D. Long, Case: 21STCV06712, Date: 2024-04-23 Tentative Ruling

Case Number: 21STCV06712    Hearing Date: April 23, 2024    Dept: 48

 

                                                                                                  

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

KIM HOANG, et al.,

                        Plaintiffs,

            vs.

 

DM HOLDINGS GROUP, LLC, et al.,

 

                        Defendants.

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      CASE NO.: 21STCV06712

 

[TENTATIVE] ORDER GRANTING MOTIONS TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

April 23, 2024

 

Michael J. Kapin and the firm Kapin PLLC, counsel of record for Defendants DM Holdings Group LLC, Dope Media Inc., Dope Media LLC, and Hightimes Holding Corp., seek to be relieved as counsel.  Counsel’s declaration states that there are irreconcilable differences between counsel and clients.  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 motions comply with California Rules of Court, rule 3.1362.  Trial is not until August 26, 2024, and there is no prejudice to Defendants.

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 DM Holdings Group LLC, Dope Media Inc., Dope Media LLC, Hightimes Holding Corp., 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 Entity Defendants is scheduled for July 23, 2024 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.

DM Holdings Group LLC, Dope Media Inc., Dope Media LLC, and Hightimes Holding Corp. must retain new counsel by that date or the Court may strike their answers and place them 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 23rd day of April 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court