Judge: Thomas D. Long, Case: 21STCV27084, Date: 2023-01-03 Tentative Ruling


Case Number: 21STCV27084    Hearing Date: January 3, 2023    Dept: 48

 

                                                                                                  

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

PHILIP LAWRENCE, et al.,

                        Plaintiffs,

            vs.

 

PATRIZIO MOI, et al.,

 

                        Defendants.

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      CASE NO.: 21STCV27084

 

[TENTATIVE] ORDER GRANTING MOTIONS TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

January 3, 2023

 

Michael B. Garfinkel, Jason Lueddeke, and Michael P. Brown of DLA Piper LLP, counsel of record for Plaintiffs/Cross-Defendants Philip Lawrence and Philmar Studios, Inc., seek to be relieved as counsel.  Counsel’s declarations state that they have been unable to resolve differences regarding the performance of the engagement agreement and have concluded that there has been an irreconcilable breakdown in 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 motions comply with California Rules of Court, rule 3.1362.  Trial has not yet been rescheduled, and there is no prejudice to Plaintiffs/Cross-Defendants.

The proposed orders no longer reflect the correct dates for upcoming hearings.  Before signing the proposed orders, the Court will modify these listed dates in accordance with the new dates set by the December 19, 2022 stipulation.

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 Philip Lawrence, Philmar Studios, 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 Philmar Studios, Inc.  is scheduled for 02/10/2023 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse (February 10, 2023).  Philmar Studios, Inc. must retain new counsel by that date or the Court may dismiss its claims, strike its answer to the cross-complaint, 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.  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 3rd day of January 2023

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court