Judge: Thomas D. Long, Case: 21STCV33164, Date: 2022-09-22 Tentative Ruling

Case Number: 21STCV33164    Hearing Date: September 22, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

STUDIO EIGHT PRODUCTIONS, LTD., et al.,

                        Plaintiffs,

            vs.

 

RMC VENTURES, LLC, et al.,

 

                        Defendants.

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      CASE NO.: 21STCV33164

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

September 22, 2022

 

Kenneth Freundlich and Michael Kaiser, counsel of record for Defendants Robert K. MacLean, Tribune Pictures, Ltd., William J. Immerman, RMC Ventures, LLC, and John Michael Smallcombe, seek to be relieved as counsel.  Counsel’s declaration states that the attorney-client relationship has completely broken down such that withdrawal is warranted under the Rules of Professional Conduct.  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.  Trial is not until May 1, 2023, and there is no prejudice to Defendants.

The unopposed motion to be relieved is GRANTED and effective upon filing a proof of service showing service of the signed Form MC-053 orders and this order on Robert K. MacLean, Tribune Pictures, Ltd., William J. Immerman, RMC Ventures, LLC, John Michael Smallcombe, 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 Tribune Pictures, Ltd. and RMC Ventures, LLC is scheduled for 12/22/2022 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse (December 22, 2022).  Tribune Pictures, Ltd. and RMC Ventures, LLC 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.  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 22nd day of September 2022

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court