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
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TREVOR PHILLIPS, Plaintiff, vs. YEEZY LLC, et al., et al., Defendants. |
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[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
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Hon. Thomas D. Long Judge of the Superior
Court |