Judge: Thomas D. Long, Case: 22STCV09181, Date: 2024-03-12 Tentative Ruling

Case Number: 22STCV09181    Hearing Date: March 12, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Barnes & Thornburg LLP, counsel of record for Defendant A New Journey Eating Disorder Center (dba EDE CA at Santa Monica, LP), seeks to be relieved as counsel.  Counsel’s declaration states that Defendant is no longer conducting any business or operations, and it has consented to counsel’s withdrawal.  Counsel attempted to file a Substitution form on February 8, 2024, but the court clerk rejected the form, stating that the “Business can’t represent itself.”  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 has not yet been rescheduled, and there is no prejudice to Defendant.

The proposed order no longer reflects the correct upcoming hearing dates.  Before signing the order, the Court will correct 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 Defendant A New Journey Eating Disorder Center (dba EDE CA at Santa Monica, LP) 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 Defendant A New Journey Eating Disorder Center (dba EDE CA at Santa Monica, LP) is scheduled for May 24, 2024 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.  Defendant A New Journey Eating Disorder Center (dba EDE CA at Santa Monica, LP) 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 12th day of March 2024