Judge: Thomas D. Long, Case: 24STCV15340, Date: 2024-11-14 Tentative Ruling

Case Number: 24STCV15340    Hearing Date: November 14, 2024    Dept: 48

 

                                                                                                  

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

DELLA TARPINIAN,

                        Plaintiff,

            vs.

 

ELIAS SHOKRIAN, AN INDIVIDUAL, et al.,

 

                        Defendants.

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      CASE NO.: 24STCV15340

 

[TENTATIVE] ORDER GRANTING MOTIONS TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

November 14, 2024

 

Ilana M. Kaufman of Miller Law Partners PC, counsel of record for Defendants Elias Shokrian, Calitex LLC, and Montrose LP, seeks to be relieved as counsel.  Counsel’s declaration states that there has been a breakdown of the attorney-client relationship, and irreconcilable differences make it unreasonably difficult to effectively continue with the relationship.  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 Defendants.

The proposed orders no longer reflect the correct future hearing dates.  Before signing the orders, the Court will correct this information.

The unopposed motions to be relieved are GRANTED and effective upon filing a proof of service showing service of the signed Form MC-053 orders and this order on Defendants 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 Calitex LLC and Montrose LP is scheduled for _______________ at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.

Calitex LLC and Montrose LP must retain new counsel by that date or the Court may strike their answer and place them 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 14th day of November 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court