Judge: Robert B. Broadbelt, Case: 19STCV08154, Date: 2023-08-03 Tentative Ruling

Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.

Case Number: 19STCV08154    Hearing Date: December 18, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

Order to Show Cause re: Why Scott Manlin, as Administrator of the Estate of Roger Manlin (Deceased)’s Complaint Filed March 8, 2019, and Cross-Complaint Filed December 3, 2019, Should Not be Dismissed and Answer to Cross-Complaint Filed December 3, 2019 Should Not be Stricken, Because Scott Manlin, as Administrator of the Estate of Roger Manlin (Deceased) is Not Represented by a Licensed Attorney

Roger Manlin (“Manlin”) filed this action on March 8, 2019, alleging eight causes of action against defendant Steve Milner.  Thereafter, on May 28, 2019, Steve Milner and eight limited liability companies filed a Cross-Complaint against Manlin.  On December 3, 2019, Manlin filed (1) an Answer to the Cross-Complaint, and (2) a Cross-Complaint against Steve Milner, Gregg Martin, Ann Lee, and Hamburg, Karic, Edwards, & Martin, LLP.[1]

On November 1, 2022, the court issued a minute order stating that counsel for Manlin’s son, Scott Manlin, informed the court that Manlin passed away.  (Nov. 1, 2022 Minute Order, p. 1.)  On April 27, 2023, pursuant to the oral stipulation of the parties, the court ordered Scott Manlin, as administrator of the Estate of Roger Manlin (“Plaintiff”), substituted in place of Manlin in this action.  (April 27, 2023 Minute Order, p. 1.)

On November 9, 2023, the court issued an order granting Keith J. Moten’s motion to be relieved as counsel for Plaintiff, ordering that Keith Moten would be relieved as counsel effective upon the filing of the proof of service of the signed “Order Granting Attorney’s Motion to be Relieved as Counsel – Civil” on Plaintiff.  (Nov. 9, 2023 Order, p. 2:18-22.)  Keith Moten filed a “Notice of Ruling” with the court on November 20, 2023, giving notice of the court’s specially prepared ruling and the “Order Granting Attorney’s Motion to be Relieved as Counsel – Civil” to Plaintiff and to the other parties who have appeared in this action.  (Nov. 20, 2023 Notice of Ruling.)  Thus, Keith Moten has been relieved as counsel of record for Plaintiff. 

Also on November 9, 2023, the court set for hearing on December 18, 2023, an Order to Show Cause re: why Scott Manlin, as administrator of the Estate of Roger Manlin (deceased)’s Complaint, filed March 8, 2019, and Cross-Complaint, filed December 3, 2019, should not be dismissed, and the answer to the Cross-Complaint, filed December 3, 2019, should not be stricken because Scott Manlin, as administrator of the Estate of Roger Manlin, is not represented by a licensed attorney.  (Nov. 9, 2023 Minute Order, p. 1.)  The court ordered that any response to the Order to Show Cause shall be filed and served no later than nine court days before the hearing.  (Nov. 9, 2023 Minute Order, p. 2.)  Plaintiff did not file a response to the Order to Show Cause.

“[A] conservator, executor, or personal representative of a decedent’s estate who is unlicensed to practice law cannot appear in propria persona on behalf of the estate in matters outside the probate proceedings.”  (Hansen v. Hansen (2003) 114 Cal.App.4th 618, 619; Estate of Sanchez (2023) 95 Cal.App.5th 331, 339-340 [the rule precluding the unauthorized practice of law by a person who is not an active licensee of the Bar “precludes the personal representative of an estate from appearing without counsel in actions outside of the probate case”].)  “[N]either an executor, administrator, nor a guardian may appear except through a licensed attorney in proceedings involving matters other than his personal rights as such a representative, e.g. accounting to a probate court.”  (City of Downey v. Johnson (1968) 263 Cal.App.2d 775, 779.)

Because Plaintiff (1) is acting as an administrator of Manlin’s estate, and (2) is representing Manlin’s estate in matters outside of probate proceedings in this action (i.e., by prosecuting the claims alleged in Manlin’s Complaint and Cross-Complaint and defending the estate against the claims alleged in the Cross-Complaint), he is required to be represented by counsel.  (Hansen, supra, 114 Cal.App.4th at p. 619.)  As set forth above, Keith Moten has been relieved as counsel of record for Plaintiff.  Plaintiff has not filed a response to the Order to Show Cause or other papers with the court establishing that Plaintiff has since retained a licensed attorney.  Thus, the court finds that plaintiff Scott Manlin, as Administrator of the Estate of Roger Manlin, is improperly representing Roger Manlin’s estate in propria persona. 

The court therefore orders that (1) Scott Manlin, as Administrator of the Estate of Roger Manlin’s Complaint, filed on March 8, 2019, and Cross-Complaint, filed on December 3, 2019, are dismissed, and (2) Scott Manlin, as Administrator of the Estate of Roger Manlin’s Answer to the Cross-Complaint, filed on December 3, 2019, is stricken.  (Hansen, supra, 114 Cal.App.4th at p. 619; Code Civ. Proc., § 436, subd. (b) [the court may, at any time in its discretion, “[s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state”].)

Because the Cross-Complaint filed on May 28, 2019 names only Roger Manlin (now Scott Manlin, as Administrator of the Estate of Roger Manlin) as a cross-defendant, and because the court has dismissed the Complaint and Cross-Complaint filed by plaintiff and cross-complainant Scott Manlin, as Administrator of the Estate of Roger Manlin on March 8, 2019, and December 3, 2019, respectively, the court vacates the final status conference, scheduled for February 1, 2024, and phase 1 of the bifurcated trial, scheduled for February 14, 2024.

The court sets an Order to Show Cause re entry of default and default judgment against cross-defendant Scott Manlin, as administrator of the Estate of Roger Manlin, for hearing on March 11, 2024, at 8:30 a.m., in Department 53.

The court orders cross-complainants Steve Milner, 1220 Nadeau St., LLC, 1562 Seabright Avenue, LLC, 157 East Panama Road, LLC, 6363 Lindbergh, LLC, 120 E. Church Ave., LLC, 1615 N. Downs, LLC, 921 W. Inyokern Road, LLC, and 103 B Street, LLC, to file default judgment documents required by California Rules of Court, rule 3.1800 (including a proposed judgment on Judicial Council form JUD-100) no later than February 23, 2024.

The court orders defendant and cross-complainant Steve Milner to give notice of this ruling.

IT IS SO ORDERED.

DATED:  December 18, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court