Judge: Thomas D. Long, Case: 24STCV08222, Date: 2024-08-08 Tentative Ruling

Case Number: 24STCV08222    Hearing Date: August 8, 2024    Dept: 48

 

                                                                                                  

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

TREVOR PHILLIPS,

                        Plaintiff,

            vs.

 

YEEZY LLC, et al., et al.,

 

                        Defendants.

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      CASE NO.: 24STCV08222

 

[TENTATIVE] ORDER DENYING MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

August 8, 2024

 

Brian Brumfield, counsel of record for Defendants Kayne West aka Ye and Yeezy LLC, seeks to be relieved as counsel.  Counsel’s declaration states that Defendants terminated the attorney-client relationship on June 21, 2024, will not speak with counsel, and refuse to pay 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 substantially complies with California Rules of Court, rule 3.1362.  Trial has not yet been set, and there is no prejudice to Defendants.

The proposed order does not include Defendants’ current or last known telephone number.  Instead, counsel inserted, “Phone number not disclosed.”  A phone number is required so the Court can communicate with parties when necessary.  Without this information, the Court will deny the motion.

If counsel files an amended and complete proposed order before the hearing, the Court will grant the motion, effective upon filing a proof of service showing service of the signed Form MC-053 order and this order on Kayne West aka Ye, Yeezy LLC, and all parties who have appeared.  The Court will also set an Order to Show Cause Re: Failure to Retain New Counsel for Yeezy LLC because “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.) 

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 8th day of August 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court