Judge: Thomas D. Long, Case: 23STCV25490, Date: 2024-09-10 Tentative Ruling

Case Number: 23STCV25490    Hearing Date: September 10, 2024    Dept: 48

 

                                                                                                  

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

DIGITAL BRANDS GROUP, INC.,

                        Plaintiff,

            vs.

 

BAXTER ROSS, et al.,

 

                        Defendants.

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      CASE NO.: 23STCV25490

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

September 10, 2024

 

Peter W. Ross, Charles Avrith, and Eric C. Lauritsen, counsel of record for Plaintiff Digital Brands Group Inc., seek to be relieved as counsel.  Counsel’s declaration states that Plaintiff consents to withdrawal, but it has not engaged substitute counsel.  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 April 14, 2025, and there is no prejudice to Plaintiff.

The proposed order no longer reflects the correct next hearing date.  Before signing the order, the Court will correct this information.

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 Digital Brands Group 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 Digital Brands Group Inc. is scheduled for November 14, 2024 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.

Digital Brands Group Inc. must retain new counsel by that date or the Court may dismiss its Complaint.

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 10th day of September 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court