Preview
Superior Court of California
County of Kern
Bakersfield Department 11
Date: 12/10/2019 BCV-19-102748
THE TRISHUL INVESTMENTS LIMITED LIABILITY COMPAY, A CALIFORNIA LIMITED LIABILITY
COMPANY VS CAL OAK HOSPITALITY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ET AL
Courtroom Staff
Honorable: David R. Lampe Clerk: Veronica D. Lancaster
Court reporter: Viginia Greene Deputy
m: Present:
CAL OAK HOSPITALITY,
LLC,A CALIFORNIA LIMITED
LIABILITY
Bailiff:
SHEFFIELD,ANDREW
Sheriff
K Attorney, Present
COMPANY Defendant, Not Present
CHAPATWALA, BHARTI Defendant, Not
Present SHEFFIELD,ANDREW K Attorney, Present
SHEFFIELD,ANDREW K Attorney, Present
SHEFFIELD,ANDREW K Attorney, Present
CHAPATWALA, VASANT Defendant, NotPresent SHEFFIELD,ANDREW K Attorney, Present
SHEFFIELD,ANDREW K Attorney, Present
SHEFFIELD,ANDREW K Attorney, Present
SHAH, SANJAY Defendant, Not Present SHEFFIELD,ANDREW K Attorney, Present
Not Present:
THE TRISHUL INVESTMENTS LIMITED COMPAY, A
LIABILITY DODGIN, DUSTIN S Attorney
COMPANY
CALIFORNIA LIMITED LIABILITY Plaintiff HARVEY, JAMES R Attorney
NATURE OF PROCEEDINGS: MOTION TO DISQUALIFY COUNSEL
The above entitled cause came on regularly on thisdate and time with parties and/or counsel appearing as
reflected above.
Tentative announced in open court.
Cause heard and submitted.
The Court makes the following findings and orders:
The Court grants motion to disqualify Attorney Sheffield and LeBeau Thelen, LLP from representing
Plaintiff's
Defendant Cal Oak Defendant Cal Oak
Hospitality, LLC. Hospitality, LLCisonly nominally a party to this proceeding.
The LLC is not a party to the dissolution cause of action or buyout process, andisonly a nominal defendant to the
derivative causes of action.The LLC is The true dispute
actually a nominal plaintiff to the derivative claims. is
between the members of the LLC.The mere filingof an answer on behalf of the LLC by Attorney Sheffield and
LeBeau Thelen, LLP to prevent a default of the nominal defendant was not by However,
itself disqualifying.
ongoingjoint representation of the LLC and the defendant individual defendants is not permitted. Current case law
forbids dual representation of an entity and defendant members in where the individual
a derivative suit, at least
defendant or defendant managing members are alleged to have committed fraud. (Forrest v.Baeza (1997) 58
Cal.App.4th 65, 74—75.)
MINUTES
Page 1 of 3
THE TRISHUL INVESTMENTS LIMITED COMPAY, A
LIABILITY BCV-19-102748
COMPANY VS CAL OAK HOSPITALITY,
CALIFORNIA LIMITED LIABILITY
LLC, LIABILITY COMPANY ET AL
A CALIFORNIA LIMITED
The court declines to order any disgorgement of fees upon the current record without prejudice. The defendant
individuals should not use the assets of the LLC to defend themselves against the claims that belong to the LLC, and
the law firm may not circumvent disqualification by knowingly accepting such fees. The court notes that itdenied
the appointment of a receiver and any attendant injunction without prejudice.
In the event that the LLC isrequired to participatein thisproceeding in any more than a nominal capacity, itmay
require separate independent counsel.
prepare an order consistent with this ruling for the court's signature and pursuant to California Rules
Plaintiff will
of Court, rule 3.1312.
Copy of minutes mailed to allparties as stated on the attached certificate of mailing.
MINUTES FINALIZED
BY: VERONICA LANCASTER ON: DECEMBER 2019
10,
MINUTES
Page 2 of 3
THE TRISHUL INVESTMENTS LIMITED COMPAY, A
LIABILITY BCV-19-102748
COMPANY VS CAL OAK HOSPITALITY,
CALIFORNIA LIMITED LIABILITY
LLC, LIABILITY COMPANY ET AL
A CALIFORNIA LIMITED
THE TRISHUL INVESTMENTS LIMITED LIABILITY COMPAY, A CALIFORNIA LIMITED LIABILITY
COMPANY VS CAL OAK HOSPITALITY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ET AL
BCV-19-102748
CERTIFICATE OF MAILING
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court 0f the State 0f California,
in and for the County of Kern, that I am a citizen 0f the United States, over 18 years 0f age, Ireside in or am employed in
the County 0f Kern, and not a party t0 the within action, that I served the Minutes dated December 1 0, 2019 attached
hereto 0n all interested parties and any respective counsel 0f record in the Within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing 0n this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: December 10, 2019
Place 0f Mailing: Bakersfield, CA
I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing istrue and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: December 10, 2019
Signed: 12/10/2019 01:50 PM
By:
Veronica Lancaster, Deputy Clerk
MAILING LIST
JAMES R HARVEY ANDREW K SHEFFIELD
KLEIN DENATALE GOLDNER LEBEAU THELEN LLP
4550 CALIFORNLA AVE 2FL 5001 E COMMERCENTER DR #300
BAKERSFIELD CA 93309 BAKERSFIELD CA 93309—1687
DUSTIN S DODGIN
KLEIN DENATALE ET AL LLP
4550 CALIFORNLA AVE 2FL
BAKERSFIELD CA 93309
Certificate of Mailing
Page 3 0f 3
Preview
Superior Court of California County of Kern Bakersfield Department 11 Date: 12/10/2019 BCV-19-102748 THE TRISHUL INVESTMENTS LIMITED LIABILITY COMPAY, A CALIFORNIA LIMITED LIABILITY COMPANY VS CAL OAK HOSPITALITY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ET AL Courtroom Staff Honorable: David R. Lampe Clerk: Veronica D. Lancaster Court reporter: Viginia Greene Deputy m: Present: CAL OAK HOSPITALITY, LLC,A CALIFORNIA LIMITED LIABILITY Bailiff: SHEFFIELD,ANDREW Sheriff K Attorney, Present COMPANY Defendant, Not Present CHAPATWALA, BHARTI Defendant, Not Present SHEFFIELD,ANDREW K Attorney, Present SHEFFIELD,ANDREW K Attorney, Present SHEFFIELD,ANDREW K Attorney, Present CHAPATWALA, VASANT Defendant, NotPresent SHEFFIELD,ANDREW K Attorney, Present SHEFFIELD,ANDREW K Attorney, Present SHEFFIELD,ANDREW K Attorney, Present SHAH, SANJAY Defendant, Not Present SHEFFIELD,ANDREW K Attorney, Present Not Present: THE TRISHUL INVESTMENTS LIMITED COMPAY, A LIABILITY DODGIN, DUSTIN S Attorney COMPANY CALIFORNIA LIMITED LIABILITY Plaintiff HARVEY, JAMES R Attorney NATURE OF PROCEEDINGS: MOTION TO DISQUALIFY COUNSEL The above entitled cause came on regularly on thisdate and time with parties and/or counsel appearing as reflected above. Tentative announced in open court. Cause heard and submitted. The Court makes the following findings and orders: The Court grants motion to disqualify Attorney Sheffield and LeBeau Thelen, LLP from representing Plaintiff's Defendant Cal Oak Defendant Cal Oak Hospitality, LLC. Hospitality, LLCisonly nominally a party to this proceeding. The LLC is not a party to the dissolution cause of action or buyout process, andisonly a nominal defendant to the derivative causes of action.The LLC is The true dispute actually a nominal plaintiff to the derivative claims. is between the members of the LLC.The mere filingof an answer on behalf of the LLC by Attorney Sheffield and LeBeau Thelen, LLP to prevent a default of the nominal defendant was not by However, itself disqualifying. ongoingjoint representation of the LLC and the defendant individual defendants is not permitted. Current case law forbids dual representation of an entity and defendant members in where the individual a derivative suit, at least defendant or defendant managing members are alleged to have committed fraud. (Forrest v.Baeza (1997) 58 Cal.App.4th 65, 74—75.) MINUTES Page 1 of 3 THE TRISHUL INVESTMENTS LIMITED COMPAY, A LIABILITY BCV-19-102748 COMPANY VS CAL OAK HOSPITALITY, CALIFORNIA LIMITED LIABILITY LLC, LIABILITY COMPANY ET AL A CALIFORNIA LIMITED The court declines to order any disgorgement of fees upon the current record without prejudice. The defendant individuals should not use the assets of the LLC to defend themselves against the claims that belong to the LLC, and the law firm may not circumvent disqualification by knowingly accepting such fees. The court notes that itdenied the appointment of a receiver and any attendant injunction without prejudice. In the event that the LLC isrequired to participatein thisproceeding in any more than a nominal capacity, itmay require separate independent counsel. prepare an order consistent with this ruling for the court's signature and pursuant to California Rules Plaintiff will of Court, rule 3.1312. Copy of minutes mailed to allparties as stated on the attached certificate of mailing. MINUTES FINALIZED BY: VERONICA LANCASTER ON: DECEMBER 2019 10, MINUTES Page 2 of 3 THE TRISHUL INVESTMENTS LIMITED COMPAY, A LIABILITY BCV-19-102748 COMPANY VS CAL OAK HOSPITALITY, CALIFORNIA LIMITED LIABILITY LLC, LIABILITY COMPANY ET AL A CALIFORNIA LIMITED THE TRISHUL INVESTMENTS LIMITED LIABILITY COMPAY, A CALIFORNIA LIMITED LIABILITY COMPANY VS CAL OAK HOSPITALITY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ET AL BCV-19-102748 CERTIFICATE OF MAILING The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court 0f the State 0f California, in and for the County of Kern, that I am a citizen 0f the United States, over 18 years 0f age, Ireside in or am employed in the County 0f Kern, and not a party t0 the within action, that I served the Minutes dated December 1 0, 2019 attached hereto 0n all interested parties and any respective counsel 0f record in the Within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing 0n this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: December 10, 2019 Place 0f Mailing: Bakersfield, CA I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing istrue and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: December 10, 2019 Signed: 12/10/2019 01:50 PM By: Veronica Lancaster, Deputy Clerk MAILING LIST JAMES R HARVEY ANDREW K SHEFFIELD KLEIN DENATALE GOLDNER LEBEAU THELEN LLP 4550 CALIFORNLA AVE 2FL 5001 E COMMERCENTER DR #300 BAKERSFIELD CA 93309 BAKERSFIELD CA 93309—1687 DUSTIN S DODGIN KLEIN DENATALE ET AL LLP 4550 CALIFORNLA AVE 2FL BAKERSFIELD CA 93309 Certificate of Mailing Page 3 0f 3