Judge: Thomas D. Long, Case: 23STCV09032, Date: 2024-09-17 Tentative Ruling

Case Number: 23STCV09032    Hearing Date: September 17, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Anthony Cartee, counsel of record for Defendants Mine Farm Buy LLC and Ryan Christopher Ellis, seek to be relieved as counsel.  Counsel’s declarations state only that “circumstances render it unreasonably difficult for the attorney to carry out the employment effectively,” and counsel requests an in camera hearing “so that non-public information and declarations can be shown in support of this motion.”  That is not sufficient.  Counsel can state in very general terms the reasons without divulging attorney-client privileged information.  Typical reasons include lack of communication, breakdown in the relationship, failure to pay counsel as required by a retention agreement, etc.

Moreover, relieving counsel less than two months before trial is highly prejudicial to Defendants, particularly for Mine Farm Buy LLC, which cannot represent itself.  (Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101 [“[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.”].)

Additionally, the Form MC-053 proposed orders do not include the correct information about future hearings or Defendants’ current or last known telephone numbers.

The motions to be relieved are DENIED WITHOUT PREJUDICE.

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 17th day of September 2024