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This case was last updated from Los Angeles County Superior Courts on 01/04/2020 at 11:04:01 (UTC).

GHOULIANCE & GHOULIANCES INC VS ONE RESTAURANT SOURCE LLC

Case Summary

On 09/05/2019 GHOULIANCE GHOULIANCES INC filed a Contract - Other Contract lawsuit against ONE RESTAURANT SOURCE LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8154

  • Filing Date:

    09/05/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

GHOULIANCE & GHOULIANCES INC DBA LOS ANGELES BAIL BONDS

Defendant

ONE RESTAURANT SOURCE LLC

 

Court Documents

Proof of Service by Substituted Service - Proof of Service by Substituted Service

11/21/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Declaration re: Due Diligence - Declaration re: Due Diligence

12/12/2019: Declaration re: Due Diligence - Declaration re: Due Diligence

Summons - Summons on Complaint

9/5/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

9/5/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

9/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

9/5/2019: First Amended Standing Order - First Amended Standing Order

 

Docket Entries

  • 09/08/2022
  • Hearing09/08/2022 at 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 03/04/2021
  • Hearing03/04/2021 at 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 12/12/2019
  • DocketDeclaration re: Due Diligence; Filed by: One Restaurant Source Llc (Defendant); As to: Ghouliance & Ghouliances Inc (Plaintiff); One Restaurant Source Llc (Defendant)

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  • 11/21/2019
  • DocketProof of Service by Substituted Service; Filed by: Ghouliance & Ghouliances Inc (Plaintiff); As to: One Restaurant Source Llc (Defendant); Proof of Mailing Date: 11/12/19; Service Cost: 0.00; Service Cost Waived: No

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  • 09/05/2019
  • DocketComplaint; Filed by: Ghouliance & Ghouliances Inc (Plaintiff); As to: One Restaurant Source Llc (Defendant)

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  • 09/05/2019
  • DocketCivil Case Cover Sheet; Filed by: Ghouliance & Ghouliances Inc (Plaintiff)

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  • 09/05/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/05/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/05/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/05/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 09/05/2019
  • DocketNon-Jury Trial scheduled for 03/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/05/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/08/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC08154    Hearing Date: July 14, 2020    Dept: 25

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Defendant One Restaurant Source, LLC’s Demurrer to Plaintiff’s Complaint is CONTINUED to OCTOBER 6, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

In addition, the Court sets an OSC Hearing re: Legal Representation of Plaintiff for AUGUST 31, 2020 at 9:30 a.m. also in Department 25. Should Plaintiff fail to obtain representation, its Complaint will be stricken.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: Filed on July 2, 2020 [X] Late [ ] None

REPLY: None filed as of July 10, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On September 5, 2019, Plaintiff Ghouliance & Ghouliances, Inc. (“Plaintiff”), in pro per, filed an action for fraudulent deceit, breach of contract, fraud/intentional misrepresentation, breach of fiduciary duty, negligent hiring, retention, and supervision, negligence, and breach of express and implied warranty against Defendant One Restaurant Source, LLC (“Defendant”). Plaintiff filed a proof of service demonstrating that Defendant was served by substituted service on November 12, 2019. (11/21/19 Proof of Service.)

On December 12, 2019, Defendant’s Counsel filed a Declaration Pursuant to Code of Civil Procedure section 430.41(a)(3) indicating that Defendant’s counsel was unable to meet and confer with Plaintiff. (12/12/19 Sun Decl., ¶ 4.)

On January 13, 2020, Defendant filed the instant Demurrer to Plaintiff’s Complaint (the “Demurrer”). On July 2, 2020, Plaintiff filed a late opposition, in pro per. No reply brief has been filed.

  1. Discussion

As an initial matter, the Court notes that Plaintiff filed its Complaint in pro per through its Chief Executive Officer, Allen Ghouliance. (Compl., p. 10.) A corporation may not appear in court except through licensed counsel. Since the passage of the State Bar Act in 1927, persons may represent their own interests in legal proceedings, but may not represent the interests of another unless they are active members of the State Bar. [Citation.]” (Hansen v. Hansen (2003) 114 Cal.App.4th 618, 621.) An entity must be represented by a lawyer in legal proceedings and may not represent itself (either directly or through a non-lawyer agent) in litigation, as such an act would be the unauthorized practice of law. (See e.g. Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101) (corporation); Albion River Watershed Protection Ass’n v. Department of Forestry & Fire Protection (1993) 20 Cal. App. 4th 34, 37 (unincorporated association); Aulisio v. Bancroft (2014) 230 Cal. App. 4th 1518, 1519-20 (trustee for trust).

For this reason, Plaintiff’s Complaint should be stricken. However, the Court will provide Plaintiff the opportunity to seek and obtain legal counsel. The Court sets an OSC Hearing re Legal Representation of Plaintiff for AUGUST 31 at 9:30 a.m.

  1. Conclusion & Order

Defendant One Restaurant Source, LLC’s Demurrer to Plaintiff’s Complaint is CONTINUED to OCTOBER 6, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

In addition, the Court sets an OSC Hearing re: Legal Representation of Plaintiff for AUGUST 31 at 9:30 a.m. also in Department 25. Should Plaintiff fail to obtain representation, its Complaint will be stricken.

Moving party is ordered to give notice.

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