Judge: Thomas D. Long, Case: 24STCV12206, Date: 2025-06-05 Tentative Ruling

Case Number: 24STCV12206    Hearing Date: June 5, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Brad Stuckey and Shirin Ghafary, counsel of record for Defendants E&R Construction Inc. and Donna Michele Cortes, seek to be relieved as counsel.  Counsel’s declaration states that the attorney-client relationship has irreconcilably broken down.  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 September 13, 2027, and there is no prejudice to Defendants.

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 E&R Construction, Inc., Donna Michele Cortes, 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 Defendant E&R Construction Inc. is scheduled for September 5, 2025 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.  E&R Construction Inc. must retain new counsel by that date, or the Court may strike its answer and enter its 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 5th day of June 2025