Judge: Virginia Keeny, Case: 21STCV20050, Date: 2025-02-04 Tentative Ruling
Case Number: 21STCV20050 Hearing Date: February 4, 2025 Dept: 45
SLW HOLDINGS, LLC V. TYRONE FREEMAN, ET AL.
MOTION
TO BE RELIEVED AS COUNSEL
Date
of Hearing: February 4, 2025 Trial
Date: None set.
Department:
45 Case
No: 21STCV20050
Moving Party:
Salomon Zavala, counsel of
record for Defendants
Responding
Party: None.
Notice: Proper
FACTUAL
BACKGROUND
Plaintiff
SLW Holdings, LLC, (“Plaintiff”) filed this fraud and breach of contract case
against Defendants on May 28, 2021.
On
November 21, 2024, Saloman Zavala (“Counsel”) of Zavala Law Group, P.C., filed
these two motions to be relieved as counsel for Defendants Tyrone Freeman and
Genetixs, LLC (“Defendants”). Defendants do not oppose.
TENTATIVE
RULING:
GRANT
Counsel
seeks to be relieved on the grounds that a difference of opinion as to how to
proceed in this matter has arisen between the clients and attorney.
Counsel
has complied with the requirements of CRC Rule 3.1362 by filing forms MC-051
and MC-052 and lodging with the Court a copy of the proposed order on form
MC-053 as to each Defendant. Counsel served Defendants by mail at each of the Defendants’
last known address, which Counsel states he has 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 no trial date has
been set yet.
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 Genetixs, LLC, must retain new counsel
immediately.
Accordingly,
the Motions to be Relieved as Counsel for Defendants Tyrone Freeman and
Genetixs, LLC, are GRANTED.