Motion to be Relieved as Counsel as to ModVans Inc
2024CUBC031051: MICHAEL BARTOSH vs MODVANS INC, et al. 06/17/2026 in Department 41 Motion to be Relieved as Counsel as to ModVans Inc
Below is the Courts tentative decision with respect to the matter on calendar. The Court may adopt, modify, or change the tentative ruling after hearing. The tentative ruling has no legal effect unless and until adopted by the Court.
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2024CUBC031051: MICHAEL BARTOSH vs MODVANS INC, et al.
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Tentative Decision:
The Court intends to GRANT Counsel Hillary Johns motions to be relieved as counsel of record for Defendants Modvans, Inc., Peter Tezza and Laurie Tezza. All Judicial Council forms have been properly completed as mandated by California Rules of Court Rule 3.1362. This ruling relieving counsel will become effective upon counsel filing a proof of service with the court establishing that Peter Tezza, Laurie Tezza, and the corporate officers of Modvans, Inc. were all served with the courts order relieving counsel and with the courts order that Modvans Inc. must appear with new counsel on July 20, 2026, at 8:30 a.m. in Department 41.
The Court gives notice to Defendant Modvans, Inc. that in California, that 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; CLD Const., Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) The court may strike an Answer filed by a corporation without an attorney. (Merco
2024CUBC031051: MICHAEL BARTOSH vs MODVANS INC, et al.
Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal. 3d 724, 729-730, 147 Cal. Rptr. 631, 581 P.2d 636.) Therefore, the court sets a hearing on an order to show cause why the Answer of Modvans, Inc., should not be stricken or, alternatively, for the appearance of new counsel for Defendant. The hearing on the order to show cause is set for July 20, 2026 at 8:30 a.m. in Department 41. Defendant Modvans Inc. must appear at that time by counsel. A corporation that attempts to appear in court without an attorney is entitled to "a reasonable time to secure counsel." (CLD Construction v. City of San Ramon (2004) 120 Cal. App. 4th 1141, 1148.) However, if after a reasonable time the corporation does not retain counsel, the court may strike its Answer and enter a default judgment against the corporation. (Van Gundy v. Camelot Resorts, Inc. (1983) 152 Cal.App.3d Supp. 29, 32
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