Judge: Thomas D. Long, Case: 21STCV42813, Date: 2023-08-31 Tentative Ruling

Case Number: 21STCV42813    Hearing Date: October 10, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

GLORIA RESURRECCION, et al.,

                        Plaintiffs,

            vs.

 

TRINITY FOLIENTE,

 

                        Defendant.

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      CASE NO.: 21STCV42813

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

October 10, 2023

 

I. Donald Weissman, counsel of record for Plaintiff Filipino American Community of Los Angeles Inc (FACLA)s, seeks to be relieved as counsel.  Counsel’s declaration states that communication has broken down, the client has not paid, and counsel cannot represent a client who does not respond or communicate.  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, and no prejudice is shown.

The proposed order does not include the upcoming hearing dates.  Before signing the order, the Court will add 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 order and this order on Filipino American Community of Los Angeles Inc (FACLA) 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.)  Plaintiff Filipino American Community of Los Angeles Inc (FACLA) must retain new counsel before the December 15, 2023 Case Management Conference or the Court may dismiss its claims.

An Order to Show Case Re: Failure to Retain New Counsel For Filipino American Community of Los Angeles Inc (FACLA) is scheduled for 12/15/2023 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.

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 10th day of October 2023

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court