Judge: Robert S. Draper, Case: 20STCV13469, Date: 2022-10-18 Tentative Ruling

Case Number: 20STCV13469    Hearing Date: October 18, 2022    Dept: 78

Superior Court of California 

County of Los Angeles 

Department 78 

Attorney Amy G. Doehring’s Motion to Appear Pro Hac Vice for Non-Party Lincoln International, LLC is GRANTED.

FACTUAL BACKGROUND 

This is an action for breach of fiduciary duty and constructive fraud. The Second Amended Complaint (“SAC”) alleges as follows. Plaintiffs Serpouhie Sarkissian (“Sue”) and Jirair Sarkissian (“Jirair”) are a married couple who were close friends with a family, Defendants Antranik Baghdassarian (“Antranik”), Ohan Baghdassarian (“Ohan”), Rostom Baghdassarian (“Rostom”), and Tsolak Khatcherian (“Tsolak”). (SAC ¶¶ 12-14.)

In September 1998, Antranik asked Sue for $350,000 to grow his cheese business and sent a letter though his attorneys which proposed an investment for Plaintiffs of 10% of the corporation. (SAC ¶¶ 16-17.) In October 1998, Plaintiffs sent $25,000, and in December 1998 sent $100,000 in two $50,000 payments. (SAC ¶ 18.) Letters between the parties in December 1998 and January 1999 reflect an investment whereby Plaintiffs would invest $350,000 in exchange for a 50% interest in the production facility and 10% in the cheese company (“Karoun”). (SAC ¶ 19.)

By March 1999, Plaintiffs advanced a total of $350,000 without a formal agreement but with an understanding of the investment. (SAC ¶ 23.) In March 2000, the parties entered into a formal agreement, which stated that Plaintiffs gave a loan of $348,000 at 10% interest payable by April 1, 2002, and $2,000 invested in a second cheese company, Central Valley Cheese Co. (“CVC”) reflecting a 10% equity interest. (SAC ¶ 26.)

In October 2000, Plaintiffs loaned another $100,000 and received a promissory note from CVC. (SAC ¶ 33.)

In May 2002, Plaintiffs’ business guaranteed a $100,000 loan to Karoun and a $150,000 loan to CVC. (SAC ¶ 34.) CVC repaid the loans. (SAC ¶ 36.)

The Plaintiffs stopped receiving dividends from CVC by 2002. (SAC ¶ 37.) In April 2017, Defendants informed Plaintiffs that CVC was being sold, and it turned out that Karoun was being sold, too. (SAC ¶¶ 45-47.) Plaintiffs’ 10% equity interest yielded $1 million while defendants’ interest was sold for $130 million. (SAC ¶ 49.) Plaintiffs contend that Defendants depressed the price of the CVC cheese to ensure that shared profits of the two companies were allocated to Karoun. (SAC ¶ 54.)

PROCEDURAL HISTORY

On April 6,2020, Plaintiffs filed the Complaint asserting eleven causes of action:

1.    Breach of Fiduciary Duty;

2.    Constructive Fraud;

3.    Fraud;

4.    Conspiracy to Breach Fiduciary Duty;

5.    Aiding and Abetting Breach of Fiduciary Duty;

6.    Conspiracy to Commit Constructive Fraud;

7.    Aiding and Abetting Constructive Fraud;

8.    Conspiracy to Commit Fraud;

9.    Aiding and Abetting Fraud;

10.                  Contractual Breach of the Implied Covenant of Good Faith; and,

11.                  Tortious Breach of the Implied Covenant of Good Faith

On September 14, 2020, Plaintiffs filed the FAC alleging the same causes of action.

On March 15, 2021, Plaintiffs filed the SAC, alleging the same causes of action.

On August 25, 2022, Attorney Amy G. Doehring (“Doehring”) filed the instant Motion to Appear Pro Hac Vice.

No Opposition has been filed.

DISCUSSION 

California Rules of Court 9.40 provides that an attorney in good standing in another jurisdiction may apply to appear pro hac vice in this State by way of written application upon notice by mail to all interested parties, as well as service on the State Bar in San Francisco with payment of a $50.00 fee, so long as that attorney is not a resident of California, does not work in California, and does not perform regular or substantial business, professional, or other activities in the State. (Cal. Rules of Court, rule 9.40.) 

The written application must provide the following information: (1) applicant attorney’s residence and office addresses; (2) the courts to which the applicant attorney has been admitted and dates of admission; (3) representation that the attorney applicant is a member in good standing in the courts of admission and is not currently suspended or disbarred in any court; (4) the title of each court and action in which the applicant attorney has appeared pro hac vice in this State in the preceding two years, if any; and (5) the name, address, and telephone number of the active California State Bar member who is counsel of record in the local action.  (Cal. Rules of Court, rule 9.40(d).) 

Doehring applies to appear pro hac vice on behalf of Non-Party Lincoln International, LLC. (Doehring App., ¶ 1.)

Doehring’s Application contains: (1) her residence and office addresses (Id., ¶ 3-4); (2) the courts to which Doehring has been admitted and dates of admission (Id., ¶ 4); (3) a declaration stating that she is a member in good standing of the Illinois Bar and the courts to which she is admitted (Id., ¶ 5); (4) a declaration stating she has appeared Pro Hac Vice in California twice in the preceding two years, and that both cases are no longer active (Id., ¶ 9); (5) a declaration stating she is not a member of the California Bar (Id., ¶ 8.); and the name, address and telephone number of Evelina Gentry, who is the Counsel of Record in this action. (Id., ¶ 1.)

Additionally, Doehring submits a letter from the California State Bar showing that she has paid the application fee.

Accordingly, Attorney Amy G. Doehring’s Application to Appear Pro Hac Vice is GRANTED.  

DATED: October 18, 2022                     ________________________________ 

Hon. Robert S. Draper

Judge of the Superior Court