Judge: Thomas D. Long, Case: 25STCV04134, Date: 2025-05-01 Tentative Ruling

Case Number: 25STCV04134    Hearing Date: May 1, 2025    Dept: 48

 

                                                                                                  

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

FOUR JAYS MUSIC COMPANY, INC.,

                        Plaintiff,

            vs.

 

DAVID ALDEN ERIKSON, et al.,

 

                        Defendants.

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      CASE NO.: 25STCV04134

 

[TENTATIVE] ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

May 1, 2025

 

Allen Hyman, counsel of record for Plaintiff Four Jays Music Company Inc., seeks to be relieved as counsel.  Counsel’s declaration states that the client has failed to pay counsel, in violation of the retainer agreement.  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.  No trial date has been set, and there is no prejudice to Plaintiff.

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 Four Jays Music Company Inc. 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 Plaintiff is scheduled for June 17, 2025 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.  Plaintiff must retain new counsel by that date (the date of the Case Management Conference) or the Court may dismiss its 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 1st day of May 2025

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court

 

 





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