Judge: Thomas D. Long, Case: 22STCV37327, Date: 2024-06-18 Tentative Ruling

Case Number: 22STCV37327    Hearing Date: June 18, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

NAGISA MONTEMARANI,

                        Plaintiff,

            vs.

 

GC BROTHERS ENTERTAINMENT, LLC,

 

                        Defendant.

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      CASE NO.: 22STCV37327

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

June 18, 2024

 

Devon M. Lyon and Lyon Legal P.C., counsel of record for Defendant GC Brothers Entertainment LLC, seek to be relieved as counsel.  Counsel’s declaration states that there are irreconcilable difference that make representation impossible, and the client has breached the attorney-client retainer agreement.  Defendant’s representative has instructed him to refrain from any and all work on this case.  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 February 18, 2025, 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 GC Brothers Entertainment LLC 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 GC Brothers Entertainment LLC is scheduled for August 19, 2024 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.

GC Brothers Entertainment LLC must retain new counsel by that date or the Court may 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 18th day of June 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court