Judge: Thomas D. Long, Case: 22LBCV01037, Date: 2025-05-13 Tentative Ruling

Case Number: 22LBCV01037    Hearing Date: May 13, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On December 21, 2022, Plaintiff Casamigos Capital LLC filed this action against Defendants Brian K. Wildasinn, Constance Wildasinn, and WGroup Realtors.  On August 10, 2023, Cross-Complainant Brian K. Wildasinn filed a cross-complaint against Cross-Defendants Casamigos Capital LLC and Cameron Samimi.

Defendants/Cross-Complainant have filed four motions for terminating sanctions or evidentiary sanctions against Plaintiff/Cross-Defendants.

On April 17, 2025, counsel for Plaintiff/Cross-Defendants moved to be relieved as counsel of record.

On May 9, 2025, Plaintiff/Cross-Defendants filed a second ex parte application to reschedule the motions for terminating sanctions.

MOTION TO RELIEVE COUNSEL

David C. Loe, counsel of record for Plaintiff/Cross-Defendants Casamigos Capital LLC and Cameron Samimi, seeks to be relieved as counsel.  Counsel’s declaration states that the clients have instructed that they do not want current counsel to take any further action, and new counsel will be taking over.  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 June 8, 2026, and there is no prejudice to the clients.

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 Casamigos Capital LLC, Cameron Samimi, 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 Casamigos Capital LLC is scheduled for August 12, 2025 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.  Casamigos Capital LLC must retain new counsel by that date or the Court may dismiss its claims, strike its answer to the cross-complaint, and enter its default on the cross-complaint.

EX PARTE APPLICATION

Plaintiff/Cross-Defendants Casamigos Capital LLC and Cameron Samimi request a continuance of the four pending motions for terminating sanctions so they can provide the ordered discovery responses and resolve this case on the merits.  New counsel will immediately substitute into this case if Plaintiff/Cross-Defendants are granted a continuance.  (Ex Parte Appl. at pp. 4-5.)

Under these circumstances, a continuance of the motions is consistent with the general preference for resolution of actions on the merits.  (See Sierra Club v. San Joaquin Local Agency Formation Com. (1999) 21 Cal.4th 489, 509 [“Finally, all things being equal, we deem it preferable to apply our decisions in such a manner as to preserve, rather than foreclose, a litigant’s day in court on the merits of his or her action.”].)

Accordingly, the ex parte application is GRANTED.  All four motions for terminating sanctions (currently scheduled for May 13 and 15, 2025) are CONTINUED to August 12, 2025 at 8:30 a.m.

Plaintiff/Cross-Defendants have paid to Brian Wildasinn the previously ordered sanctions of $5,000, plus $4,821 being requested as sanctions on three motions for terminating sanctions.  Plaintiff/Cross-Defendants have paid to Constance Wildasinn the previously ordered sanctions of $3,750, plus $2,000 for one motion for terminating sanctions.  (Ex Parte Appl. at p. 3.)  Cameron Samimi wired the sanctions money to counsel for Brian Wildasinn and counsel for Constance Wildasinn on May 12, 2025.  (Samimi Decl. ¶ 4.)

The parties are ORDERED to meet and confer about what other steps (such as provision of satisfactory discovery responses) can be taken to resolve the motions for terminating sanctions and remove them from the Court’s calendar.  The parties are ORDERED to file status reports no later than five court days before the hearing.

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 13th day of May 2025