Judge: Thomas D. Long, Case: 22STCV29698, Date: 2023-08-29 Tentative Ruling

Case Number: 22STCV29698    Hearing Date: August 29, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Raymond M. Contreras, Esq., counsel of record for Plaintiff ICA Spices Corp., seeks to be relieved as counsel.  Counsel’s declaration states that Plaintiff’s lack of cooperation interferes with counsel’s effective representation, there has been a breakdown in attorney-client communication and the relationship, and a conflict has arisen that makes it unreasonably difficult to represent the client.  There has also been a breach in the agreement regarding attorney fees and costs.  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, and no prejudice is shown.

The proposed order does not include Plaintiff’s current or last known address and telephone number, although the Notice of Motion does include the address.  Counsel must provide this information at the hearing in order for the motion to be granted.

The proposed order also does not include the upcoming hearing and trial dates.  Before signing the order, the Court will add this information.

Subject to the provision of Plaintiff’s current or last known phone number at the hearing, 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 ICA Spices Corp. 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.)  Plaintiff must retain new counsel before the February 5, 2024 Final Status Conference or the Court will dismiss this action.

Order to Show Case Re: Dismissal For Failure to Retain New Counsel For ICA Spices Corp. is scheduled for 02/05/2023 at 9:00 a.m. in Department 48 at Stanley Mosk Courthouse (February 5, 2024).

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 29th day of August 2023