Judge: Edward B. Moreton, Jr, Case: 24SMCV01810, Date: 2024-12-05 Tentative Ruling

Case Number: 24SMCV01810    Hearing Date: December 5, 2024    Dept: 205

 

 

 

Superior Court of California 

County of Los Angeles – West District  

Beverly Hills Courthouse / Department 205 

 

 

REUBEN FELAN HERNANDEZ, et al.,   

 

Plaintiffs, 

v. 

 

SCOTT WELLS,   

 

Defendant. 

 

  Case No.:  24SMCV01810 

  

  Hearing Date:  December 5, 2024 

  [TENTATIVE] order RE: 

  PLAINTIFF’S MOTION TO STRIKE AND  

  BAR REPRESENTATION OF DENNIS P.  

  BLOCK & ASSOCIATES DUE TO  

  FAILURE TO FILE STATEMENT OF  

  INFORMATION, LOSS OF CORPORATE  

  STANDING AND INVALIDITY OF ALL  

  ACTIONS AFTER JULY 31, 2024 

 

 

 

BACKGROUND 

 

Plaintiffs Reuben Felan Hernandez and Ashley Rose Sigler entered into a consulting agreement with Defendant Scott Wells for services related to the development of a gaming and global financial application(Compl. at 3:1-3.)  The agreement also required Defendant to provide office space and lodging for Plaintiffs(Id. at 3:17-19.)   

Plaintiffs allege Defendant defaulted on the agreement by failing to make a payment of $14,669.06 and to provide office space and lodging(Id. at 3:8-11.)  Plaintiffs sent a notice of delinquency, and in retaliation, Plaintiffs claim Defendant wrongfully filed an eviction against Plaintiffs(Id. at 3:19-21.) 

Plaintiffs allege other wrongdoing by Defendant including fraudulent misrepresentations about his experience, background and connections, which Plaintiffs claimed were intended to induce them into entering into the consulting agreement.  (Id. at 4:2-16.)  Plaintiffs further allege Defendant engaged in inappropriate behavior including hosting drug parties and displaying an unsettling obsession with the romantic lives of female associates, that was in contravention of the business’s objective of developing children’s games(Id. at 4:17-21.) 

  The operative complaint alleges nine causes of action for (1) fraud, (2) intentional interference with prospective economic advantage, (3) wrongful eviction, (4) breach of the covenant of good faith and fair dealing, (5) negligent misrepresentation, (6) conversion, (7) violation of the unfair competition law (“UCL”), (8) tortious interference with contract, and (9) abuse of process.         

The Court granted Defendant’s special motion to strike pursuant to Code Civ. Proc. §425.16(e)Plaintiff then filed a notice of appeal of the Court’s ruling.   

This hearing is on Plaintiff’s motion to strike and or bar representation of Dennis P. Block & Associates due to failure to file statement of information, loss of corporate standing, and invalidity of all actions after July 31, 2024Plaintiff argues that Dennis P. Block & Associates failed to file a statement of information with the California Secretary of State pursuant to Cal. Corp. Code § 1502, and as a result, Dennis P. Block Esq. And H.G. Long Esq. are not legally permitted to represent clients in this matterThere was no opposition filed as of the posting of this tentative ruling.   

DISCUSSION 

The Court denies Plaintiff’s motion to strikeThere is no proof of service attached to the motion, and no evidence that Defendant was given notice of this hearingMoreover, Plaintiff filed a notice of appeal, which automatically stays the action pursuant to Code Civ. Proc. § 916.  

CONCLUSION 

For the foregoing reasons, the Court DENIES Plaintiff’s motion to strike and/or bar representation of Dennis P. Block & Associates due to failure to file statement of information, loss of corporate standing and invalidity of all actions after July 31, 2024. 

DATED:  December 5, 2024 ___________________________ 

Edward B. Moreton, Jr. 

Judge of the Superior Court