Judge: Thomas D. Long, Case: 22STCV09614, Date: 2023-10-03 Tentative Ruling

Case Number: 22STCV09614    Hearing Date: October 3, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Alan S. Gutman of Gutman Law, counsel of record for Defendant Cinemoi North America LLC, seeks to be relieved as counsel.  Counsel’s declaration states that Defendant has failed and refused to pay any fees or costs in accordance with the attorney-client agreement, resulting in an irreparable breakdown in the attorney-client relationship and preventing counsel from effectively continuing to represent Defendant.  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.

The Final Status Conference is scheduled for October 9, 2023, and a Jury Trial is scheduled for October 23, 2023.  “[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, Defendant Cinemoi North America LLC would typically be severely prejudiced by counsel withdrawing on the eve of trial.

However, counsel also filed an unopposed ex parte application to continue the FSC and trial.  The Court finds that there is good cause for a continuance of these dates.  (See California Rules of Court, rule 3.1332(c)(3), (c)(7), (d).)  Accordingly, the application to continue trial is GRANTED.

The Final Status Conference scheduled for 10/09/2023 at 9:00 AM is advanced to this date and CONTINUED to __________.  The Jury Trial (Three-Day Time Estimate) scheduled for 10/23/2023 at 9:00 AM is advanced to this date and CONTINUED to __________.

An Order to Show Cause Re: Retention of New Counsel by Cinemoi North America LLC is scheduled for __________.

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 Cinemoi North America LLC and all parties who have appeared.

As a result of the FSC and trial continuances and setting of an OSC, the proposed Form MC-053 order no longer includes accurate future dates.  Before signing the order, the Court will correct this information.

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 3rd day of October 2023