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
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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, 2024. Plaintiff 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 matter. There was no opposition filed as of the posting of this tentative ruling.
DISCUSSION
The Court denies Plaintiff’s motion to strike. There is no proof of service attached to the motion, and no evidence that Defendant was given notice of this hearing. Moreover, 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