Judge: Thomas D. Long, Case: 23STCP02068, Date: 2023-10-03 Tentative Ruling

Case Number: 23STCP02068    Hearing Date: February 6, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

ROY LUBIT, M.D. PH.D.,

                        Plaintiff,

            vs.

 

FMB DEVELOPMENT, LLC, et al.,

 

                        Defendants.

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      CASE NO.: 23STCP02068

 

[TENTATIVE] ORDER GRANTING MOTIONS TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

February 6, 2024

 

Luna & Glushon APC, counsel of record for Defendants FMB Development LLC, FMB Consulting LLC, and Ilan Kenig, seeks to be relieved as counsel.  Counsel’s declaration states that the clients have failed to pay under the parties’ fee agreement, and irreconcilable differences have manifested to a degree that there has been a complete breakdown in the attorney-client relationship.  No party opposed the motions.

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.  This matter has already been ordered to arbitration with only Status Conferences scheduled in this Court, so there is no prejudice to Defendants.

The proposed orders do not include Defendants’ current or last known phone numbers.  Counsel must provide this information at the hearing.

Subject to the provision of Defendants’ phone numbers, 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 FMB Development LLC, FMB Consulting LLC, Ilan Kenig, 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.)  FMB Development LLC and FMB Consulting LLC must retain new counsel before further participation in this action.

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 6th day of February 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court