Judge: Mark E. Windham, Case: 23STLC03576, Date: 2023-10-11 Tentative Ruling
Case Number: 23STLC03576 Hearing Date: October 19, 2023 Dept: 26
Diaz v. Barmaan, et
al.
MOTION
TO COMPEL RESPONSES TO INTERROGATORIES;
REQUEST
FOR SANCTIONS
(CCP §§ 2030.290, 2023.010)
TENTATIVE RULING:
Plaintiff Alejandro Diaz’s Motion to Compel Defendant
Hollywood Shawarma, LLC’s Responses to Special Interrogatories, Set One, and
Request for Sanctions, is PLACED OFF CALENDAR.
ORDER TO SHOW CAUSE REGARDING LEGAL
REPRESENTATION OF DEFENDANT HOLLYWOOD SHAWARMA, LLC IS SET FOR JANUARY 25, 2024
AT 8:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
On June 2, 2023, Plaintiff Alejandro Diaz (“Plaintiff”) filed
the instant action against Defendants Jamshid Barmaan as Trustee of the Barmaan
Trust Dated December 16, 2019 (“Defendant Barmaan”), Hollywood Shawarma LLC (“Defendant
Hollywood Shawarma”), and Ahmad Ghazi (“Defendant Ghazi”). Defendants Hollywood
Shawarma and Ghazi filed a joint answer on June 23, 2023, in properia persona.
(Answer, filed 06/23/23.)
Plaintiff filed the instant Motion to Compel Responses to
Special Interrogatories, Set One, and Request for Sanctions, on August 28,
2023. However, Defendant Hollywood Shawarma is not properly before this Court. It
is black letter law that a corporation cannot represent itself in court. (Clean
Air Transport Systems v. San Mateo County Transit Dist. (1988) 198
Cal.App.3d 576, 578 (citing Merco Constr. Engineers, Inc. v. Municipal Court
(1978) 21 Cal.3d 724, 729-730).) This rule applies to all entities regarded as
separate from their owners, including partnerships and unincorporated
associations. (See Clean Air Transport Systems, supra, 19 Cal.App.3d at
578.)
Accordingly, the Court sets an order to show cause regarding
Defendant Hollywood Shawarma’s legal representation and places the hearing on
the instant motion off calendar.
Conclusion
Plaintiff Alejandro Diaz’s Motion to Compel Defendant
Hollywood Shawarma, LLC’s Responses to Special Interrogatories, Set One, and
Request for Sanctions, is PLACED OFF CALENDAR.
ORDER TO SHOW CAUSE REGARDING LEGAL REPRESENTATION OF
DEFENDANT HOLLYWOOD SHAWARMA, LLC IS SET FOR JANUARY 25, 2024 AT 8:30 AM IN
DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
Moving party to give notice.