CV-23-001192 – MUTO, JESSICA L vs AMERICAN TRADERS INC – Defendant’s Attorney’s Motion to be Relieved as Counsel – DENIED, without prejudice.
Proof of service is insufficient to establish notice to the corporate client, in that it appears the moving papers were not directed to an authorized agent or representative of the corporation. (Code Civ. Proc. § 416.10 et seq.) A corporation can have knowledge only through its officers and agents (See, e.g. Snyder v. Security-First Nat. Bank of Los Angeles (1939) 31 Cal.App.2d 660, 664.)
In addition, the supporting declaration fails to describe efforts to obtain the client’s consent to a substitution of attorneys in the matter. (Cal. Rules of Ct., rule 3.1362(c).) This information is particularly essential in the context of a corporate party, since a corporation cannot represent its own interests in litigation and must retain counsel. (Merco Const. Engineers, Inc. v. Municipal Court (Sully-Miller Contracting Co.) (1978) 21 Cal.3d 724, 731.)
Hearing Date
December 20, 2023
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CV-23-001192 – MUTO, JESSICA L vs AMERICAN TRADERS INC – Defendant’s Attorney’s Motion to be Relieved as Counsel – DENIED, without prejudice.
Proof of service is insufficient to establish notice to the corporate client, in that it appears the moving papers were not directed to an authorized agent or representative of the corporation. (Code Civ. Proc. § 416.10 et seq.) A corporation can have knowledge only through its officers and agents (See, e.g. Snyder v. Security-First Nat. Bank of Los Angeles (1939) 31 Cal.App.2d 660, 664.)
In addition, the supporting declaration fails to describe efforts to obtain the client’s consent to a substitution of attorneys in the matter. (Cal. Rules of Ct., rule 3.1362(c).) This information is particularly essential in the context of a corporate party, since a corporation cannot represent its own interests in litigation and must retain counsel. (Merco Const. Engineers, Inc. v. Municipal Court (Sully-Miller Contracting Co.) (1978) 21 Cal.3d 724, 731.)