Adel Park LLC, a California limited liability company vs. Accelerated Growth Solutions LLC, a California limited liability company

34-2022-00314285-CU-BT-GDS: Adel Park LLC, a California limited liability company vs. Accelerated Growth Solutions LLC, a California limited liability company 08/28/2024 Hearing on Motion to Deem Request for Admissions Admitted in Department 53

Tentative Ruling

NOTICE: Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure: To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below.

If no request for oral argument is made, the tentative ruling becomes the final order of the Court. Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.

The Department 53/54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED. Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/courtreporters/docs/crtrp-6a.pdf.

Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-13.Pdf. A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list, Once the form is signed it must be filed with the clerk.

If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING: The notice of motion does not provide notice of the Court’s tentative ruling system, as required by Local Rule 1.06, and does not provide the correct address for this Court’s Dept. 53/54. Moving counsel is directed to contact opposing party and advise opposing party of Local Rule 1.06 and the Court’s tentative ruling procedure and the manner to request a hearing, along with the correct address for this Court’s Dept. 53/54. If moving counsel is unable to contact opposing party prior to the hearing, moving counsel is ordered to appear at the hearing in person, by Zoom or by telephone.

34-2022-00314285-CU-BT-GDS: Adel Park LLC, a California limited liability company vs. Accelerated Growth Solutions LLC, a California limited liability company 08/28/2024 Hearing on Motion to Deem Request for Admissions Admitted in Department 53

Moving counsel failed to comply with CRC Rule 3.1110(b)(3)-(4).

The Court notes that defendant/cross-complainant Accelerated Growth Solutions, LLC is not currently represented by counsel and that an LLC, like a corporation, is not permitted to appear in these judicial proceedings without representation by an attorney licensed to practice law in the State of California (see, e.g., CLD Const., Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145 [“under a long-standing common law rule of procedure, a corporation, unlike a natural person, cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney. It must be represented by licensed counsel in proceedings before courts of record.”].)

Plaintiff’s motion to deem admitted those matters specified in its second set of requests for admissions to defendant Accelerated Growth Solutions, LLC is UNOPPOSED and is GRANTED unless defendant serves “before the hearing on the motion” proposed responses that are in substantial compliance with Code of Civil Procedure §2033.220. (Code Civ. Proc. §2033.280(c).)

Plaintiff is awarded (mandatory) monetary sanctions under Code of Civil Procedure §2033.280(c) in the amount of $1,150, representing two hours of attorney time at a reasonable hourly rate of $545 plus the $60 filing fee, as the Court does not find that the present motion reasonably required the 4.2 hours claimed in the moving declaration and the task claimed to have been done by attorney Boren, as described in Paragraph 14, does not appear to relate to the instant motion but rather to a motion for protective order.

Sanctions to be paid by defendant Accelerated Growth Solutions, LLC no later than 9/30/2024 and if not paid by that date, plaintiff may prepare for the Court’s signature a formal order granting the sanctions, which may then be enforced as a separate judgment against defendant Accelerated Growth Solutions, LLC. (Newland v. Superior Court (1995) 40 Cal.App.4th 608, 615.)

Moving party to provide notice of this ruling and file proof of service of same no later than 9/4/2024.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)