Judge: Elaine Lu, Case: 21STCV45333, Date: 2023-05-01 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: 21STCV45333 Hearing Date: May 1, 2023 Dept: 26

Superior Court of California

County of Los Angeles

Department 26

EBRAHUM NEYSSANI; SLAUSON GAS STATION, LLC; HOOMAN NISSANI,

Plaintiffs,

vs.

SYMETRA LIFE INSURANCE COMPANY, et al.,

Defendants.

Case No.: 21STCV45333

Hearing Date: May 1, 2023

[TENTATIVE] order RE:

Plaintiffs’ Counsel’s motion to be relieved as counsel

On April 13, 2023, Duncan McCreary (“Counsel”), filed the instant motions to be relieved as counsel for Plaintiffs Ebrahim Neyssani, Hooman Nissani, and Slauson Gas Station, LLC (collectively “Clients”).

Counsel has filed a form MC051 and MC-052 as to each Client 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 Clients via mail at Clients’ last known mailing address, which Counsel states he has confirmed as current within 30 days of the motion by conversation.

Counsel states that on February 27, 2023, he informed clients that McCreary PC would be ceasing the representation of all clients as of April 1, 2023 as Counsel would be joining Reeder McCreary, LLP, and Reeder McCreary, LLP is not authorized to appear on behalf of Clients.

Counsel is ordered to appear at the hearing and submit a corrected corrected proposed order for Slauson Gas Station, LLC on form MC-053. Provided that Counsel submits such corrected forms in advance of the hearing on these motions, the Court is inclined to grant the motions based on Counsel’s declaration.

The revised proposed order for Slauson Gas Station, LLC on form MC-053 must add the following language in Item 13:

- As to Slauson Gas Station, LLC, additional language for Item 13: “A corporation or LLC must be represented by licensed counsel in proceedings before this Court. Slauson Gas Station, LLC is ordered to file a substitution of counsel no later than 10 am on May 31, 2023 and to appear on June 1, 2023 at 8:30 am in Department 26 with its new counsel. Slauson Gas Station, LLC’s failure to file a substitution of counsel by 10 am on May 31, 2023 or failure to appear on June 1, 2023 may result in the striking or dismissal of the complaint as to Slauson Gas Station, LLC. Moving Counsel is ordered to file proof of service of this signed order on all parties, including Clients, within 3 days.”

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, 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.

As to plaintiff Slauson Gas Station, LLC, 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.)

In light of these authorities, the Court will require that Slauson Gas Station, LLC timely retain new counsel and file a substitution of counsel by 10 am on May 31, 2023 so that new counsel will be prepared for trial by the current trial date and to argue against Defendant’s motion for summary judgment set for June 1, 2023 at 8:30 am. The court hereby sets an OSC regarding status of Slauson Gas Station, LLC’s representation for June 1, 2023 at 8:30 am in Department 26. Slauson Gas Station, LLC is ordered to appear on June 1, 2023 with its new counsel, who should be prepared to address counsel’s readiness for trial by the current trial date.

If Slauson Gas Station, LLC fails to file a substitution of counsel by 10 am on May 31, 2023, Slauson Gas Station, LLC is ordered to appear on June 1, 2023 at 8:30 am in Department 26 and show cause why Slauson Gas Station, LLC’s complaint should not be dismissed. Slauson Gas Station, LLC’s failure to appear on June 1, 2023 at 8:30 am in Department 26 shall be deemed consent to dismissal of the complaint.

The proposed orders (MC-053) are corrected to add the June 1, 2023 OSC hearing to item 13. The corrected Orders will be signed and filed, and Counsel will be relieved as counsel of record for Plaintiffs Ebrahim Neyssani, Hooman Nissani, and Slauson Gas Station, LLC, effective only upon Counsel’s filing of the proofs of service of the signed Orders upon Plaintiffs Ebrahim Neyssani, Hooman Nissani, and Slauson Gas Station, 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 Plaintiffs Ebrahim Neyssani, Hooman Nissani, and Slauson Gas Station, LLC and file proof of service of such within 3 days.

DATED: May 1, 2023 ___________________________

Elaine Lu

Judge of the Superior Court