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
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FOUR JAYS MUSIC COMPANY, INC., Plaintiff, vs. DAVID ALDEN ERIKSON, et al., Defendants. |
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[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
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Hon. Thomas D. Long Judge of the Superior
Court |