Judge: Thomas D. Long, Case: 23STCV29725, Date: 2024-07-18 Tentative Ruling

Case Number: 23STCV29725    Hearing Date: July 18, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Tara Aleagha, counsel of record for Defendant Mindful Values, seeks to be relieved as counsel.  Counsel’s declaration states that Defendant has decided to cease operations and dissolve the business.  Defendant’s director informed counsel that they do not want to retain counsel, making it impractical and burdensome for counsel to continue the 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 generally complies with California Rules of Court, rule 3.1362.  Trial is not until March 10, 2025, and there is no prejudice to Defendant.

Neither the declaration nor the proposed order includes all future hearings dates.  The proposed order also does not include Defendant’s current or last known address and telephone number.  Counsel must submit a revised and complete proposed order before the hearing, or the Court will deny the motion without prejudice.

Subject to the submission of a revised and complete proposed 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 orders and this order on Mindful Values 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 Mindful Values is scheduled for October 18, 2024 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.

Long Spring Freight LLC must retain new counsel by that date or the Court will strike its answer and 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 18th day of July 2024