Judge John J. Kralik, Case Number: 23BBCP00280, Date: 2024-02-09 Tentative Ruling

On December 26, 2023, Petitioner Janakkumar Dineshchandra Patel (“Petitioner”) filed the Petition for Writ of Mandate to compel inspection and copying of corporate documents under CCP § 1085 and Corporations Code, § 17704.10 against Respondent Oceans V, LLC (“Respondent”). Petitioner alleges that he is the owner and holder of record of one Class A Membership Unit as defined in the Operating Agreement for Oceans V, LLC dated June 21, 20216 of Respondent as a result of having invested $500,000 and paid an administrative fee of $30,000 pursuant to the terms of a Subscription Agreement executed on November 29, 2016. Petitioner alleges that he invested in Respondent in part of his effort to obtain lawful permanent residence in the United States (i.e., obtain a green card) under the Employment Based Fifth Preference Immigrant Investor Program (the “EB-5 Program”). Petitioner alleges that United States Citizenship and Immigration Services (“USCIS”) received his Form I-526 Immigrant Petition by Alien Entrepreneur on March 28, 2017, which USCIS denied; USCIS then denied Petitioner’s appeal.

Petitioner alleges that pursuant to the terms of the Subscription Agreement, he is entitled to the return of his investment in Respondent and he is worried that Respondent is unable or unwilling to repay him for the investment. He seeks a preemptory writ of mandate to enforce his rights and inspect Respondent’s books and records. He alleges that Respondent has ignored his request for inspection in violation of his statutory and contractual inspection rights.

Petitioner petitions for a writ of mandate to compel inspection and copying of corporate documents.

Ordinarily, petitions for writ of mandate should be filed with the Writs and Receivers departments at Stanley Mosk in Departments 82, 85, or 86, except where assigned to the Appellate Division. (See LASC Local Rule 2.8(c), 2.9.) However, petitions for writ of mandate may optionally be filed in the district where the defendant functions wholly therein. (See LASC Local Rule 2.3(a)(1)(B).) According to the petition, Respondent is located at 10730 Ventura Boulevard, Studio City, California 91604. The Civil Case Cover Sheet states that Petitioner is seeking a writ of mandate (administrative mandamus) based on the location wherein defendant/respondent functions wholly. (LASC Local Rule 2.3(a)(1)(C).) Thus, this petition may optionally be filed in Burbank. The Court will inquire whether Petitioner intends to keep the case here or would want this petition transferred to the Writs and Receivers departments at Stanley Mosk, which are uniquely positioned to handle specific matters such as writs of mandate petitions.[1]

If Petitioner intends to keep the petition in the Burbank Courthouse, then the Court will set a briefing schedule for the petition.

Thus, Petitioner is ordered to attend the February 9, 2024 hearing. At the hearing, the Court will discuss with Petitioner whether Petitioner intended to file this petition in the Burbank Courthouse or at Stanley Mosk Courthouse.

If Petitioner intends to keep the petition in the Burbank Courthouse, then the Court will set a briefing schedule for the petition as follows:

Courtesy copies of all papers should be lodged directly with Department B of the Burbank Courthouse.

[1] The procedure to transfer this action to another district and to the Writs and Receivers departments should be made in compliance with LASC Local Rule 2.3(b)(2).

Superior Court of California

County of Los Angeles

Department B