Judge: Thomas D. Long, Case: 22STCV12773, Date: 2023-03-09 Tentative Ruling

Case Number: 22STCV12773    Hearing Date: March 9, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

LOWERS WELDING & FABRICATION, INC.,

                        Plaintiff,

            vs.

 

OMNI IMAGINE, INC., et al.,

 

                        Defendants.

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      CASE NO.: 22STCV12773

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

March 9, 2023

 

Yohan Lee, Esq. from the Law Offices of Yohan Lee, counsel of record for Defendants Omni Imagine, Inc. and Omni Imagine Group, Inc., seeks to be relieved as counsel.  Counsel’s declaration states that Defendants terminated their attorney-client relationships via a phone call and instructed counsel to stop working on the case immediately.  Defendants continuously failed to communicate with counsel and owe a substantial balance in attorney fees.  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 motions comply with California Rules of Court, rule 3.1362.  Trial is not until January 22, 2024, and there is no prejudice to Defendants.

At the hearing, counsel must provide Defendants’ current or last known address and telephone number to complete the proposed order.

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 Omni Imagine, Inc., and Omni Imagine Group, 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 Omni Imagine, Inc. and Omni Imagine Group, Inc. is scheduled for 05/09/2023 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse (May 9, 2023).  Omni Imagine, Inc. and Omni Imagine Group, Inc. must retain new counsel by that date or the Court may strike their answer and place them 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.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

 

       Dated this 9th day of March 2023

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court