Judge: Thomas D. Long, Case: 23STCV25217, Date: 2025-03-20 Tentative Ruling

Case Number: 23STCV25217    Hearing Date: March 20, 2025    Dept: 48

 

                                                                                                  

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

AMPAK LOGISTICS, INC.,

                        Plaintiff,

            vs.

 

MTS TRUCKING SERVICES, LLC, et al.,

 

                        Defendants.

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      CASE NO.: 23STCV25217

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

March 20, 2025

 

Benjamin Berger, Houman Esmailpour, and the firm Berger Harrison APC (counsel of record for Plaintiff Ampak Logistics Inc.) seek to be relieved as counsel.  Counsel’s declaration states that there has been a breakdown in the relationship that makes it difficult to continue effective representation.  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 November 17, 2025, and there is no prejudice to Plaintiff.

The proposed order no longer states the correct date for the next hearing.  The Court will edit this information before signing the order.

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 Ampak Logistics Inc. 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 Plaintiff Ampak Logistics Inc. is scheduled for June 12, 2025 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.  Plaintiff must retain new counsel by that date or the Court may dismiss its claims.

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 20th day of March 2025

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court