Judge: Virginia Keeny, Case: 23STCV17752, Date: 2025-04-04 Tentative Ruling
Case Number: 23STCV17752 Hearing Date: April 4, 2025 Dept: 45
936 FEDORA ST LLC V. SIGLO DESIGN & CONSTRUCTION LLC, ET AL.
MOTION
TO BE RELIEVED AS COUNSEL
Date
of Hearing: April 4, 2025 Trial Date: June 2, 2025
Department:
45 Case
No: 23STCV17752
Moving Party:
Richard Liu and Edward Wells, counsel
of record for Plaintiff
Responding
Party: None.
Notice: Proper
FACTUAL
BACKGROUND
Plaintiff
936 Fedora St LLC (“Plaintiff”) filed this breach of contract and negligence
case against Defendants on July 28, 2023.
On
February 28, 2025, Richard Liu and Edward Wells (“Counsel”) of Innovative Legal
Services, P.C., filed this motion to be relieved as counsel for Plaintiff 936
Fedora St LLC (“Plaintiff”). No opposition has been filed.
TENTATIVE
RULING:
GRANT
Counsel
seek to be relieved on the grounds that the attorney-client relationship has
completely and irreparably broken down.
Counsel
have 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. Counsel served Plaintiff by mail at Plaintiff’s last known address,
which Counsel state that 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 Plaintiff as the trial date is not
for a couple of 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.) Plaintiff must retain new counsel immediately.
Accordingly,
the Motion to be Relieved as Counsel for Plaintiff 936 Fedora St LLC is
GRANTED.