Opposition Plaintiffs Statement of Conditional Nonopposition To Law offices of Michael J Eyres Motion To Be Relieved as Counsel

Motion

Cal. Super. - 2nd Dist.October 13, 2017

Electronically FILED by Superior Court of California, County of Los Angeles on 02/08/2019 11:29 AM Sherri R. Carter, Executive Officer/Clerk of Court, by A. Miro,Deputy Clerk OO © 9 O N nt BAA W N N N D N D N N N N N O N mm e m e m e m e m e m e m e m e m pe RX 9 AN Un BA W N = O VL E N N RE W R N RE AEGIS LAW FIRM, PC KASHIF HAQUE, State Bar No. 218672 ALI S. CARLSEN, State Bar No. 289964 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 khaque@aegislawfirm.com acarlsen@aegislawfirm.com Attorneys for Plaintiff, ANAYELY FLORES SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ANAYLELY FLORES, an individual, Plaintiff, Vs. LOS ALTOS BOOTS, INC., a California corporation; WILD WEST BOOTS, INC., a California corporation; EL TORO ENTERPRISES, INC. dba KING EXOTICS, a California corporation; and DOES 1 through 20 inclusive, Defendants. CASE NO.: BC679597 Assigned for all purposes to: Hon. Elizabeth Allen White Department 48 PLAINTIFF'S STATEMENT OF CONDITIONAL NON-OPPOSITION TO LAW OFFICES OF MICHAEL J. EYRE’S MOTION TO BE RELIEVED AS COUNSEL Hearing Date: February 26, 2019 Hearing Time: 8:30 a.m. Dept.: 48 -1- PLAINTIFF'S STATEMENT OF CONDITIONAL NON-OPPOSITION TO LAW OFFICES OF MICHAEL J. EYRE’S MOTION TO BE RELIEVED AS COUNSEL NO 0 N N O N wn BRR W N N N N N N N N N N m m d em em e m p m e m em p m pe RL J O N nn A W O N D E R , O D O R N N N R W =e Oo Plaintiff Anayley Flores (“Plaintiff”) respectfully submits this Statement of Conditional Non-Opposition to the Law Offices of Michael J. Eyre’s Motion to be Relieved as Counsel (“Motion”). While Plaintiff does not oppose the Motion, Defendants LOS ALTOS BOOTS, INC.; WILD WEST BOOTS, INC.; and EL TORO ENTERPRISES, INC. dba KING EXOTICS (collectively “Defendants™) are that of corporate entities, not natural persons. As such, and in light of the fact that Defendants have not filed any notices concerning substitution of new counsel, if the Court grants the Motion, Defendants will be unable to represent themselves. See Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd., 99 Cal.App.4th 1094, 1101 (2002) (noting that “[a]s a general rule, it is well established 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.”) Accordingly, and due to the impending trial date in May 28, 2019, Plaintiff respectfully requests that the Court set a short deadline for Defendants to obtain new counsel. Should Defendants fail to obtain new counsel in that timeframe, Plaintiff will seek to strike Defendants’ Answer and enter default against Defendants. Dated: February 8, 2019 AEGIS LAW FIRM, PC ¢ By 5 Kashif Haque Ali S. Carlsen Attorneys for Plaintiff ANAYLELY FLORES 2 PLAINTIFF’S STATEMENT OF CONDITIONAL NON-OPPOSITION TO LAW OFFICES OF MICHAEL J. EYRE’S MOTION TO BE RELIEVED OF COUNSEL Oo 0 9 AN nn RR W N N N N N D N N N N N N mm e m e m e m e m e m e m pe d e m e d 0 ~~ A N n t hk W D N R O V O N N N NN R E W I N D e e CERTIFICATE OF SERVICE I, the undersigned, am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; am employed with Aegis Law Firm PC and my business address is 9811 Irvine Center Drive, Suite 100, Irvine, California 92618. On February 8, 2019, I served the foregoing document entitled: eo PLAINTIFF’S STATEMENT OF CONDITIONAL NON-OPPOSITION TO LAW OFFICES OF MICHAEL J. EYRE’S MOTION TO BE RELIEVED AS COUNSEL on all the appearing and/or interested parties in this action by placing [X] the original UL a true copy thereof enclosed in sealed envelope(s) addressed as follows: Michael J. Eyre michael@eyrelaw.com LAW OFFICES OF MICHAEL J. EYRE 4000 Long Beach Boulevard, Suite 218 Long Beach, CA 90807 Attorney for Defendants: Wild West Boots, Inc.; El Toro Enterprises, Inc, Los Altos Boots, Inc. [] . BY MAIL) I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Irvine, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after date of deposit for mailing this affidavit. (Cal Code Civ. Proc. § 1013(a); Fed. R. Civ. Proc. 5(a); Fed. R. Civ. Proc. 5(c).) X (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice of Aegis Law Firm PC for collection and processing correspondence for overnight delivery, and I caused such document(s) described herein to be deposited for delivery to a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(c); Fed. R. Civ. Proc. 5(c).) ] (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served via electronic transmission via the above listed email addresses on the date below. (Cal. Code Civ. Proc. § 1010.6(6); Fed. R. Civ. Proc. 5(b)(2)(E); Fed. R. Civ. Proc. 5(b)(3).) [1] (BY PERSONAL SERVICE) I delivered the foregoing document by hand delivery to the addressed named above. (Cal Code Civ. Proc. § 1011; Fed. R. Civ. Proc. 5(b)(2)(A).) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 8, 2019, at Irvine, California. a Andrea Drogée---- CERTIFICATE OF SERVICE