Judge: Thomas D. Long, Case: 22NWCV00301, Date: 2023-05-25 Tentative Ruling

Case Number: 22NWCV00301    Hearing Date: January 11, 2024    Dept: 48

 

                                                                                                  

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

PRC RESTORATION, INC.,

                        Plaintiff,

            vs.

 

TL VETERANS CONSTRUCTION, INC., et al.,

 

                        Defendants.

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      CASE NO.: 22NWCV00301

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

January 11, 2024

 

John A. Axtell and Marh & Associates, counsel of record for Defendant TL Veterans Construction Inc., seek to be relieved as counsel.  Counsel’s declaration states that the client’s conduct renders it unreasonably difficult for counsel to carry out the representation effectively.  The client has also breached a material term of the agreement related to the representation.  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 April 29, 2024, and there is no prejudice to Defendant.

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 TL Veterans Construction 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 TL Veterans Construction Inc. is scheduled for 04/15/2024 at 9:00 a.m. in Department 48 at Stanley Mosk Courthouse.  TL Veterans Construction Inc. must retain new counsel by that date or the Court will strike its answer 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.  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 11th day of January 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court