Judge: Elaine Lu, Case: 20STCV37429, Date: 2022-08-31 Tentative Ruling
1. If you wish to submit on the tentative ruling,
please email the clerk at SMCdept26@lacourt.org (and “cc” all
other parties in the same email) no later than 7:30 am on
the day of the hearing, and please notify all other parties in advance that you
will not be appearing at the hearing. Include the word "SUBMISSION" in all caps in the
subject line and include your name, contact information, the case number, and
the party you represent in the body of the email. If you submit on the
tentative and elect not to appear at the hearing, the opposing party may
nevertheless appear at the hearing and argue the motion, and the Court may
decide not to adopt the tentative ruling.
2.
For any motion where no parties submit to the tentative ruling in
advance, and no parties appear at the motion hearing, the Court may elect to
either adopt the tentative ruling or take the motion off calendar, in its
discretion.
3. PLEASE DO NOT USE THIS
EMAIL (SMCdept26@lacourt.org) FOR ANY PURPOSE OTHER THAN TO SUBMIT TO A TENTATIVE
RULING. The Court will not read or
respond to emails sent to this address for any other purpose.
4. IN ORDER TO IMPLEMENT
PHYSICAL DISTANCING GOING FORWARD AND UNTIL FURTHER NOTICE, THE COURT STRONGLY
ENCOURAGES ALL COUNSEL AND ALL PARTIES TO APPEAR TELEPHONICALLY FOR NON-TRIAL
AND NON-EVIDENTIARY MATTERS. Thus, until further
notice, Department 26 strongly encourages telephonic appearances for motion
hearings that do not require the presentation of live testimony.
Case Number: 20STCV37429 Hearing Date: August 31, 2022 Dept: 26
|
PATRICIA
MALDONADO,
Plaintiff, v. AZIZI DENTAL
CORPORATION, et al., Defendant. |
Case No.:
20STCV37429 Hearing Date: August
31, 2022 [TENTATIVE]
order RE: motion to be relieved as counsel |
Jonathan Goldstein, Esq. (“Counsel”), moves
to be relieved as counsel for defendant Sherbank Azizi Dental Corp. (“Client”).
Counsel has filed a form MC051 and MC-052
and has lodged with the Court a copy of the proposed order on form MC-053
pursuant to CRC Rule 3.1362.
The MC-052 form states that Counsel served
Client via mail at Client’s last known mailing address which Counsel states he
has confirmed as current within 30 days of the motion by conversation.
Counsel states that there is a conflict of
interest, and mandatory withdrawal is required by California Rules of
Professional Conduct.
Counsel is responsible for determining if
there are any other hearings scheduled or due dates for discovery for this
case, including any motions hearings, which must all be listed in the proposed
order. For each hearing, Counsel must
state the date, time, and location of the hearing (“111 N. Hill Street, Dept.
26, Los Angeles, CA 90012”). For each due date for discovery, Counsel must
identify the nature of the discovery responses that are outstanding, the due
date, and the address where verified responses must be sent.
The Court notes that while a corporation
has the capacity to bring a lawsuit because it has all the powers of a natural
person in carrying out its business, under a long-standing common law rule of
procedure, a corporation, unlike a natural person, cannot represent itself
before courts of record in propria persona, nor can it represent itself through
a corporate officer, director or other employee who is not an attorney. (CLD
Const., Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) “[A Corporation] must be represented by
licensed counsel in proceedings before courts of record. (Id.;
Gutierrez v. G & M Oil Co., Inc.
(2010) 184 Cal.App.4th 551, 564; Thomas
G. Ferruzzo, Inc. v. Superior Court (1980) 104 Cal.App.3d 501, 503.)
However, “[a]n attorney may be allowed to withdraw without offending the rule
against corporate self-representation.” (Thomas
G. Ferruzzo, Inc., supra, 104 Cal.App.3d at 504.)
In light of these authorities, the Court
will require that Sherbank Azizi Dental Corp. timely retain new counsel and
file a substitution of counsel within 14 days of service of the signed order (MC-053)
so that new counsel will be prepared for trial by the current trial date. The court hereby sets an OSC regarding status
of Sherbank Azizi Dental Corp.’s representation for September 22, 2022 at 8:30
am in Department 26. Sherbank Azizi
Dental Corp. is ordered to appear on September 22, 2022 with its new counsel,
who should be prepared to address counsel’s readiness for trial by the current
trial date.
If Sherbank Azizi Dental Corp. fails to
file a substitution of counsel within 14 days of service of the signed order, Sherbank
Azizi Dental Corp. is ordered to appear on September 22, 2022 at 8:30 am in
Department 26 and show cause why Sherbank Azizi Dental Corp.’s answer should
not be stricken, and why default and default judgment should not be entered
against Sherbank Azizi Dental Corp. on Plaintiff’s First Amended Complaint. Sherbank Azizi Dental Corp.’s failure to
appear on September 22, 2022 at 8:30 am in Department 26 shall be deemed
consent to: striking of Sherbank Azizi Dental Corp.’s answer and entry of default
and default judgment against Sherbank Azizi Dental Corp. on Plaintiff’s First
Amended Complaint.
The Order on form MC-053 is signed and
filed, and Counsel is relieved as counsel of record for Sherbank Azizi Dental
Corp., effective only upon Counsel’s filing of the proofs of service of the
signed Orders upon Sherbank Azizi Dental Corp..
Counsel will remain the attorney of record until Counsel files proof of
service of the signed order on all parties, including Sherbank Azizi Dental
Corp..
Counsel is ordered to serve copies of the
instant order and the signed form MC-053 order on all parties, including Sherbank
Azizi Dental Corp., and file proof of service of such within 3 days.
DATED: August
31, 2022 ___________________________
Elaine
Lu
Judge
of the Superior Court
|
PATRICIA
MALDONADO,
Plaintiff, v.
AZIZI DENTAL
CORPORATION, et al., Defendant. |
Case No.:
20STCV37429
Hearing Date: August
31, 2022 [TENTATIVE]
order RE: motion to be relieved as counsel
|
Jonathan Goldstein, Esq. (“Counsel”), moves
to be relieved as counsel for defendant Azizi Dental Corp. (“Client”).
Counsel has filed a form MC051 and MC-052
and has lodged with the Court a copy of the proposed order on form MC-053
pursuant to CRC Rule 3.1362.
The MC-052 form states that Counsel served
Client via mail at Client’s last known mailing address which Counsel states he
has confirmed as current within 30 days of the motion by conversation.
Counsel states that there is a conflict of
interest, and mandatory withdrawal is required by California Rules of
Professional Conduct.
Counsel is responsible for determining if
there are any other hearings scheduled or due dates for discovery for this
case, including any motions hearings, which must all be listed in the proposed
order. For each hearing, Counsel must
state the date, time, and location of the hearing (“111 N. Hill Street, Dept.
26, Los Angeles, CA 90012”). For each due date for discovery, Counsel must
identify the nature of the discovery responses that are outstanding, the due
date, and the address where verified responses must be sent.
The Court notes that while a corporation
has the capacity to bring a lawsuit because it has all the powers of a natural
person in carrying out its business, under a long-standing common law rule of
procedure, a corporation, unlike a natural person, cannot represent itself
before courts of record in propria persona, nor can it represent itself through
a corporate officer, director or other employee who is not an attorney. (CLD
Const., Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) “[A Corporation] must be represented by
licensed counsel in proceedings before courts of record. (Id.;
Gutierrez v. G & M Oil Co., Inc.
(2010) 184 Cal.App.4th 551, 564; Thomas
G. Ferruzzo, Inc. v. Superior Court (1980) 104 Cal.App.3d 501, 503.) However,
“[a]n attorney may be allowed to withdraw without offending the rule against
corporate self-representation.” (Thomas
G. Ferruzzo, Inc., supra, 104 Cal.App.3d at 504.)
In light of these authorities, the Court
will require that Azizi Dental Corp. timely retain new counsel and file a
substitution of counsel within 14 days of service of the signed order (MC-053) so
that new counsel will be prepared for trial by the current trial date. The court hereby sets an OSC regarding status
of Azizi Dental Corp.’s representation for September 22, 2022 at 8:30 am in
Department 26. Azizi Dental Corp. is ordered
to appear on September 22, 2022 with its new counsel, who should be prepared to
address counsel’s readiness for trial by the current trial date.
If Azizi Dental Corp. fails to file a
substitution of counsel within 14 days of service of the signed order, Azizi
Dental Corp. is ordered to appear on September 22, 2022 at 8:30 am in
Department 26 and show cause why Azizi Dental Corp.’s answer should not be
stricken, and why default and default judgment should not be entered against Azizi
Dental Corp. on Plaintiff’s First Amended Complaint. Azizi Dental Corp.’s failure to appear on September
22, 2022 at 8:30 am in Department 26 shall be deemed consent to: striking of Azizi
Dental Corp.’s answer and entry of default and default judgment against Azizi
Dental Corp. on Plaintiff’s First Amended Complaint.
The Order on form MC-053 is signed and
filed, and Counsel is relieved as counsel of record for Azizi Dental Corp.,
effective only upon Counsel’s filing of the proofs of service of the signed
Orders upon Azizi Dental Corp.. Counsel
will remain the attorney of record until Counsel files proof of service of the
signed order on all parties, including Azizi Dental Corp..
Counsel is ordered to serve copies of the
instant order and the signed form MC-053 order on all parties, including Azizi
Dental Corp., and file proof of service of such within 3 days.
DATED: August
31, 2022 ___________________________
Elaine Lu
Judge
of the Superior Court