Judge: Thomas D. Long, Case: 23STCV24404, Date: 2023-12-12 Tentative Ruling

Case Number: 23STCV24404    Hearing Date: December 12, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Pending before the Court is a motion for leave to file a second amended complaint.  The first amended complaint identifies the Plaintiff as “Kevin Garlington for Serenity Inclusive Family Services LLC.”  The pending motion makes clear that this action “is brought by plaintiff KEVIN GARLINGTON FOR SERENITY INCLUSIVE FAMILY SERVICES LLC (‘Plaintiff’), whereas KEVIN GARLINGTON is a competent adult and SERENITY INCLUSIVE FAMILY SERVICES LLC is a Limited Liability Company qualified to do business in California,” and “[t]he Plaintiff in this complaint is not KEVIN GARLINGTON individually.”  (Motion at p. 2.)

“[A] corporation cannot represent itself in a court of record either in propria persona or through an officer or agent who is not an attorney.”  (Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101.)  According to the State Bar’s website, Kevin Garlington is not a licensed attorney.

The motion for leave to amend is DENIED.

An Order to Show Cause Re: Failure to Retain Counsel for Serenity Inclusive Family Services LLC is scheduled for 02/13/2024 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.  Serenity Inclusive Family Services LLC must retain counsel by that date or the Court will dismiss this action.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

         Dated this 12th day of December 2023