Superior Court of California

County of Los Angeles

Department 26

ARAZZATIUS, LLC,

Plaintiff,

GREGORY LYLES, et al.,

Defendants.

Case No.: 21STCV43878

Hearing Date: August 26, 2022

[TENTATIVE] order RE:

motion to be relieved as counsel

Plaintiff’s counsel, Felicia A. Mobley (“Counsel”), moves to be relieved as counsel for Plaintiff Arazzatius (“Client”). On July 8, 2022, Counsel filed the instant motion to be relieved as counsel.

Counsel has filed forms MC-051 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 she confirmed as current within 30 days of the motion by telephone and conversation with Plaintiff’s Manager Anthony Wright.

Counsel states that Wright is the acting representative of Plaintiff. There has been a breakdown in communication between Wright and Counsel such that trust and confidence essential to the attorney-client relationship have ceased to exist. In addition, irreconcilable differences have arisen between Client and Counsel, making it unreasonably difficult to carry out Counsel’s employment effectively.

The proposed order lists Client’s address for service in item 6. The proposed order also identifies all upcoming hearings and lists the address of the Court in an attachment to the proposed order.

However, the proof of service filed on July 19, 2022 reflects service of the moving papers only on Client and does not indicate service on all other parties in this action. Prior to the August 26, 2022 hearing, Counsel must file proof of service of the moving papers on all other parties. Otherwise, prior to the August 26, 2022 hearing, Counsel must contact counsel all the other parties in this action and inquire whether they would be willing to stipulate in court on August 26, 2022 to waive notice of this motion and waive service of the moving papers.

The following changes must also be made to the proposed order on Form MC-053: The proposed order on form MC-053 must include the Court’s address in items 7(a), 8 and 9(b). The Court’s records show the following upcoming hearings, which must all be listed in the proposed order (MC-053):

- Counsel has stated in her declaration that she has verified within the past 30 days that Client’s address is current. Therefore, on item 6 of the proposed order, the “current” box should be checked off instead of “last known.”

- In item 7 (next scheduled hearing), item 8 (additional hearings), and attachment 5:

- 9/29/22 at 08:30 AM in Department 26 at 111 North Hill Street, Los Angeles, CA 90012: Order to Show Cause Re: sanctions for failure to file proof of service. Plaintiff has failed to file proof of service of the summons and complaint on All Persons Unknown Claiming Any Legal or Equitable Right, Title, Estate, Lien or Interest in the Property Described in the Complaint, Gene Autry Armstrong, and Estate of Gene Autry Armstrong. Plaintiff is ordered to appear on 9/29/22 at 8:30 am and explain why sanctions (including monetary sanctions of at least $500 and/or dismissal) should not be imposed for failure to serve all named defendants, in compliance with California Rules of Court, Rule 3.720.

- 9/29/22 at 08:30 AM in Department 26 at 111 North Hill Street, Los Angeles, CA 90012: Order to Show Cause Re: sanctions for failure to file proof of service. Cross-Complainant Gene Armstrong Inc. has failed to file proof of service of the summons and Cross-Complaint on Wendell Lyles and Arazzatius, LLC. Cross-Complainant Gene Armstrong Inc.is ordered to appear on 9/29/22 at 8:30 am and explain why sanctions (including monetary sanctions of at least $500 and/or dismissal) should not be imposed for failure to serve all named cross-defendants, in compliance with California Rules of Court, Rule 3.720.

- 9/29/22 at 08:30 AM in Department 26 at 111 North Hill Street, Los Angeles, CA 90012: Case management conference. All parties are ordered to appear. Failure to appear may result in the imposition of monetary sanctions and/or dismissal.

- 11/8/22 at 08:30 AM in Department 26 at 111 North Hill Street, Los Angeles, CA 90012: Defendant Gene Armstrong’s Motion for Interpleader and Discharge of Liability.

- 11/8/22 at 08:30 AM in Department 26 at 111 North Hill Street, Los Angeles, CA 90012: Defendant Gene Armstrong, Coldwell Banker’s Motion to Strike

- Additional language for Item 13: “A corporation or LLC must be represented by licensed counsel in proceedings before this Court. Arazzatius, LLC is ordered to file a substitution of counsel within 14 days of service of this signed order and to appear on September 29, 2022 at 8:30 am in Department 26 with its new counsel. Arazzatius, LLC’s failure to timely retain new counsel or failure to appear on September 29, 2022 may result in the striking or dismissal of Arazzatius, LLC’s complaint, striking of Arazzatius, LLC’s answer to Gregory and Wendell Lyles’s cross-complaint, and entry of default against Arazzatius, LLC as to Gregory and Wendell Lyles’s cross-complaint. Moving Counsel is ordered to file proof of service of this signed order on all parties, including Client, within 3 days.”

Counsel is responsible for determining if there are any other hearings scheduled or due dates for filing responsive pleadings or responding to 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, L.A., 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 or LLC 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 or LLC, 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.)

In light of these authorities, the Court will require that Arazzatius, LLC 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 Arazzatius, LLC’s representation for September 29, 2022 at 8:30 am in Department 26. Arazzatius, LLC is ordered to appear on September 29, 2022 with its new counsel, who should be prepared to address counsel’s readiness for trial by the current trial date.

If Arazzatius, LLC fails to file a substitution of counsel within 14 days of service of the signed order, Arazzatius, LLC is ordered to appear on September 29, 2022 at 8:30 am in Department 26 and show cause why Arazzatius, LLC’s complaint should not be dismissed and why Arazzatius, LLC’s answer to Gregory Lyles and Wendell Lyles’s cross-complaint should not be stricken, and why Arazzatius, LLC’s default should not be entered as to Gregory Lyles and Wendell Lyles’s cross-complaint. Arazzatius, LLC’s failure to appear on September 29, 2022 at 8:30 am in Department 26 shall be deemed consent to dismissal of the complaint, striking of Arazzatius, LLC’s answer to Gregory Lyles and Wendell Lyles’s cross-complaint, and entry of default as to Gregory Lyles and Wendell Lyles’s cross-complaint.

The proposed orders (MC-053) are corrected to add the September 29, 2022 OSC hearing to items 8 and 13.

Provided that Counsel adequately address the service defect identified above, the corrected Order will be signed and filed, and Counsel will be relieved as counsel of record for Arazzatius, LLC, effective only upon Counsel’s filing of the proofs of service of the signed Orders upon Arazzatius, LLC. Counsel will remain the attorney of record until Counsel files proofs of service of the signed orders on all parties.

Counsel is ordered to serve copies of the instant order and the signed form MC-053 order on all parties, including Arazzatius, LLC, and file proof of service of such within 3 days.

DATED: August 26, 2022 ___________________________

Elaine Lu

Judge of the Superior Court