Judge: Thomas D. Long, Case: 21STCV19858, Date: 2023-10-26 Tentative Ruling


Case Number: 21STCV19858    Hearing Date: January 23, 2024    Dept: 48

 

                                                                                                  

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

SI TIAN, et al.,

                        Plaintiffs,

            vs.

 

TRES KNIGHTS, et al.,

 

                        Defendants.

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      CASE NO.: 21STCV19858

 

[TENTATIVE] ORDER GRANTING MOTIONS TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

January 23, 2024

 

William L. Niu, counsel of record for Defendants Wenjie Chen, Hongmei Zhao, and Speedship Logistics Inc., seeks to be relieved as counsel.  Counsel’s declaration states that there has been a breakdown in communication between counsel and clients, and the clients have been unable to meet their financial obligations to counsel.  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.  No trial date has been set, and there is no prejudice to Defendants.

The proposed orders do not include Wenjie Chen’s or Speedship Logistics Inc.’s current or last known telephone numbers.  Counsel must provide this information at the hearing.

Subject to the provision of Wenjie Chen’s and Speedship Logistics Inc.’s phone numbers, 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 Wenjie Chen, Hongmei Zhao, Speedship Logistics 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 Speedship Logistics Inc. is scheduled for 04/22/2024 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.  Speedship Logistics Inc. must retain new counsel by that date or the Court may 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 23rd day of January 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court