Judge: Virginia Keeny, Case: 21STCV13940, Date: 2025-03-06 Tentative Ruling

Case Number: 21STCV13940    Hearing Date: March 6, 2025    Dept: 45

HUDSON PRIVATE CORP. V. RJ BUCARIA, ET AL.

MOTIONS TO BE RELIEVED AS COUNSEL

Date of Hearing:          March 6, 2025                         Trial Date:       October 6, 2025  

Department:               45                                            Case No:          21STCV13940

Moving Party:             Jacob M. Harper, Nicole S. Phillis, and Marcy Blattner Micale, counsel of record for Defendants

Responding Party:       None.

Notice:                         Proper

FACTUAL BACKGROUND

Plaintiff Hudson Private Corp. (“Plaintiff”) filed this contractual fraud case against Defendants on April 12, 2021.

On February 6, 2025, Jacob M. Harper, Nicole S. Phillis, and Marcy Blattner Micale (“Counsel”) of David Wright Tremaine LLP filed these motions to be relieved as counsel for Defendants Upsense Media Capital Pty, Ltd., (“Upsense Media”) and Richard J. Bucaria (collectively “Defendants”). Defendants do not oppose. 

TENTATIVE RULING: GRANT

Counsel seek to be relieved on the grounds that Defendants have ceased to communicate with their counsel, there is a disagreement on how to proceed in this matter, and Defendants have unpaid legal fees in excess of $200,000.

Counsel have complied with the requirements of CRC Rule 3.1362 by filing forms MC-051 and MC-052 and lodging with the Court copies of the proposed orders on form MC-053. Counsel served Defendants by mail at Defendants’ last known addresses, which Counsel state they have confirmed as current within the past 30 days. Counsel also served all other parties who have appeared in the case via eservice.

Further, it appears no prejudice will be suffered by Defendants as the trial is not for seven months.

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.) Defendant Upsense Media must retain new counsel immediately.

Accordingly, the Motions to be Relieved as Counsel for Defendants Upsense Media Capital Pty, Ltd., and Richard J. Bucaria, are GRANTED.