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.