Judge: Thomas D. Long, Case: BC697499, Date: 2022-11-10 Tentative Ruling

Case Number: BC697499    Hearing Date: November 10, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

RANDY ROSE,

                        Plaintiffs,

            vs.

 

HOWARD A. ROYAL, et al.,

 

                        Defendants.

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      CASE NO.: BC697499

 

[TENTATIVE] ORDER GRANTING MOTIONS TO BE RELIEVED AS COUNSEL

 

Dept. 48

8:30 a.m.

November 10, 2022

 

Dinesh R. Badkar of Badkar Law PC, counsel of record for Defendants CalPac Management Inc., Med Equity LLC, Joshua R. Pukini, and Luna Construction Management LLC, seeks to be relieved as counsel.  Counsel’s declarations state that there is an inability to effectively communicate and coordinate the prosecution of this lawsuit, and irreconcilable differences have arisen between clients and attorney, making it unreasonably difficult to carry out the representation of the clients effectively.  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.  This case is stayed due to bankruptcy proceedings, and there is no prejudice to Defendants.

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 CalPac Management Inc., Med Equity LLC, Joshua R. Pukini, Luna Construction Management, 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 CalPac Management Inc., Med Equity LLC, and Luna Construction Management is scheduled for 01/11/2023 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse (January 11, 2023).  CalPac Management Inc., Med Equity LLC, and Luna Construction Management must retain new counsel by that date or the Court may strike their answers 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.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

 

       Dated this 10th day of November 2022

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court