Judge: Thomas D. Long, Case: 23STCP01460, Date: 2023-09-01 Tentative Ruling

Case Number: 23STCP01460    Hearing Date: January 9, 2024    Dept: 48

 

                                                                                                  

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

DAVID WEINBERG, et al.,

                        Plaintiffs,

            vs.

 

BRIAN TAYLOR, et al.,

 

                        Defendants.

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      CASE NO.: 23STCP01460

 

[TENTATIVE] ORDER GRANTING MOTIONS TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

January 9, 2024

 

Ramy Galal and the firm Lubin Pham + Caplin LLP, counsel of record for Defendants 2522 The Strand LLC, Brian Taylor, and Stuart Sackley, seek to be relieved as counsel.  Counsel’s declaration states that there is an actual conflict of interest existing between the jointly represented parties, and Defendants refuse to sign the substitution of attorney forms.  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, and no prejudice is shown.

The unopposed motions to be relieved are GRANTED and effective upon filing a proof of service showing service of the signed Form MC-053 orders and this order on 2522 The Strand LLC, Brian Taylor, Stuart Sackley, 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.)

An Order to Show Case Re: Failure to Retain New Counsel For 2522 The Strand LLC is scheduled for May 10, 2024 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.  Defendant 2522 The Strand LLC must retain new counsel before then or the Court may 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 9th day of January 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court