Judge: Nathan R. Scott, Case: Shops at Mission Viejo v. Hasan Group LLC, Date: 2022-09-16 Tentative Ruling

Motion to Disqualify

Plaintiff Shops at Mission Viejo’s motion to disqualify is granted. (See Code Civ. Proc. § 128.)

After defense counsel Shahed Hasan (CA Bar #228990) filed the demurrer, he became ineligible to practice law.  (See Arm v. State Bar (1990) 50 Cal.3d 763, 775; see also RFJN Ex. 1; Herzog decl. at p. 1.)

Demurrer

Defendant Hasan Group LLC’s demurrer, filed before counsel became ineligible to practice law, is overruled. (See Code Civ. Proc. § 430.10(e) & (f).

Defendant shall file its answer within 30 days.  The court informs defendant it cannot represent itself; it must appear through counsel.  (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.)

Uncertainty.  The complaint is not “so incomprehensible that a defendant cannot reasonably respond.”  (Lickiss v. Financial Industry Regulatory Authority (2012) 208 Cal.App.4th 1125, 1135.)  Any “ambiguities can be clarified under modern discovery procedures.”  (Ibid.)

1st cause of action, breach of contract.  The complaint states facts sufficient to constitute this cause of action. (See D'Arrigo Bros. of California v. United Farmworkers of America (2014) 224 Cal.App.4th 790, 800 [elements] Compl. ¶¶ 10, 12, 17, 20-22, 28 & & Ex. A.)

Defendant shall give notice.