Judge: Thomas D. Long, Case: 24STCV12848, Date: 2024-10-22 Tentative Ruling

Case Number: 24STCV12848    Hearing Date: October 22, 2024    Dept: 48

 

                                                                                                  

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

LONG BEACH VENTURE, LLC, et al.,

                        Plaintiffs,

            vs.

 

GIBBS GIDEN LOCHER TURNER SENET & WITTBRODT LLP, et al.,

 

                        Defendants.

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      CASE NO.: 24STCV12848

 

[TENTATIVE] ORDER GRANTING MOTIONS TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

October 22, 2024

 

Steven C. Glickman, counsel of record for Plaintiffs Long Beach Venture LLC, Long Beach Qualified Opportunity Zone Fund LLC, Pine Avenue LLC, and Pine Avenue Qualified Opportunity Zone Fund LLC, seeks to be relieved as counsel.  Counsel’s declaration states that there has been a complete breakdown between Plaintiffs and counsel such that counsel can no longer represent Plaintiffs.  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 motions comply with California Rules of Court, rule 3.1362.  Trial has not yet been set, and there is no prejudice to Plaintiffs.

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 Plaintiffs 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 Plaintiffs is scheduled for December 17, 2024 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.

Plaintiffs must retain new counsel by that date or the Court may dismiss their claims.

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 22nd day of October 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court