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Murray Tragish, Esq., CSB ¹80759
LAW OFFICES OF MURRAY TRAGISH
5330 Office Center Court, Suite 72
1405 Commercial Way, Suite 130
Bakersfield, California 93309
Tel: (661) 324-2648
E-Mail:Mutray@Murraytragish.corn
Ray T. Mullen. Esq., CSB ¹111852
LAW OFFICE OF RAY T. MULLEN
5330 Office Center Court, Suite 32
Bakersfield, California 93309
Tel: (661) 631-1531
E-Mail:Ray@Raymullen.corn
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Attorneys for Plaintiff/Cross-Defendant: Aldar Mini Storage„L.P., a
California Limited Partnership and
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Cross-Defendant: Derrel Ridenour
12 SIJPERIOR COIJRT OF TI-IE STATE OF CALIFORNIA
13 I'N AND FOR THE COUNTY OF KERN, METROPOLITAN DISTRICT, CIVII, DIVISION
14
ALDAR MINI STORAGI::, L.P., a California Case No. 13CV-20-101265-BCB
IS
limited partnership,
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MEMORANDUM OF POINTS AND
AUTHORITIES IN SIJPPORT OF AI.DAR
Plaintiff, MINI STORAGF., L.P.'S AND DERREL
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vs. RIDENOUR'8 MOTION FOR AN ORDER
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STRIKING WORLD OF PENTECOST, INC.
THV ENTERPRISES, a California AKA WORLD OF PENTECOST-LIFE
coiporation; THV HAYKNARIK, LLC, a CHURCEI*S ANSWER AND CROSS-
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California limited liability company; WORLD COMPLAINT, AND FOR ENTRY OF
20 OF PENTECOST, INC., a California non- DEFAULT
profit religious corporation, also known as
21 WORLD OF PENTECOST-LIFE CHURCH; Date of Hearing: March
KHACHATUR GHASABYAN, an individual, I, 2022
Time of Hearing: 8:30 a.m.
22 also known as CHRIS GHASABYAN; Division: H
TIGRAN ARUTYUNYAN, an individual; and
23 DOES I through 500, inclusive,
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Defendants,
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WORLD OF PENTECOST, INC., a Assigned to the Honorable Bernard C. Bannann
26 Action Filed: June I, 2020
Second Amended Complaint Filed: Dec. 21 2020
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Cross-Complainant, First Amended Cross-Complaint: May 24, 2021
Trial Date: May 23, 2022
28 vs.
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, LPFS AND DERREL RIDENOUR'S
MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST, INC. AKA WORLD OF PENTECOST-LIFE CHI;RCH'S ANSWER
AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT
I
ALDAR MINI STORAGE, L.P., a
I
California limited partnership, DERRELL
RIDENOUR, an individual, HEIDI NELSON,
an individual, THV ENTERPRISES, a
California coiporation; THV HAYKNARIK,
4
LLC, a California limited liability company;
ALDAR MINI STORAGE, L.P., a California
limited partnership, KHACHATUR
GHASAB YAN, an individual, also known as
CHRIS GHASABYAN; TIGRAN
ARUTYUNYAN, All Person Unknown,
Claiming any Legal or Equitable Right, Title,
s Estate, Lien, or Interest in the Property
Described in the Complaint or Cross-
Complaint Adverse to Cross-Complainant's
Title Thereto, and DOES I through 500,
inclusive,
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(Crosst-Defendants.
12
TO TLIE ABOVE-I".NTITLKD COURT, AND TO ALL PARTIES AND THEIR
ATTORNEYS OF RECORD:
COMES NO%', Plaintiff. and Cross-Defendant: ALDAR MINI STORAGE, L.P., a
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California limited partnership (hereinafter referred to as "Aldar") and Cross-Defendant:
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DERREL RIDENOUR (hereinafter referred to as "Ridenour"), and in support of their Motion foi
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an Order Striking World of Pentecost, Inc. aka World of Pentecost-Life Church's (hereinaftei
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collectively referred to as "WOP") Answer and First Amended Cross-Complaint, and For Entry ol
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Default (hereinafter refeired to as the "Motion" ), do hereby submit their Memorandum of Points
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and Authorities.
22
23
24 INTRODUCTION
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This Motion is made on the grounds that WOP, an alleged non-profit corporation, is without
complete legal representation in these proceedings and cannot represent itself, and that it is a
27 suspended California corporation and does not have any right, power or privilege to defend itself or
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L,PFS AND DERREL RIDENOUR'S
MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST, INC. AKA WORLD OF PENTECOST-LIFE CHURCH*S ANSWER
AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT
2
I prosecute a Cross-Complaint, and that its pleadings be struck and default entered as to the Aldar and
Ridenour Second Amended Complaint in these proceedings.
On or about June I, 2020, the Plaintiff: Aldar filed a Complaint in the instant Courl
concerning a Lease for real property located at 3025 Fairfax Road, Bakersfield, California, in the
County of Kem, State of California (hereinafter referred to as the "Fairfax Property" ), and the
6
breach of its terms.
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Subsequently, as a result of conversations amongst legal counsel for some of the party
8
defendants, and a Demurrer by Defendants: THV Enterprises ("THV"), THV Hayknarik, LLC
("Hayknarik"), Khachatur Ghasabyan (" Chris" )and Tigran Arutyunyun ("Tigran") and hereinaftei
10
collectively referred to as "THV Defendants,"" Aldar filed a Second Amended Complaint for Breach
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of Lease, Breach of Guaranty, Ejectment and Declaratory Relief on December 21, 2020 (hereinaftei
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referred to as the "Aldar SAC"). The Aldar original Complaint and the Aldar SAC also included as
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a party defendant, World of Pentecost, Inc. aka World of Pentecost-Life Church (hereinaftei
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referred to as "WOP").
On or about February 26, 2021, WOP filed an Answer to the Aldar. SAC and an unverified
Cross-Complaint against the TFIV Defendants, Aldar and Ridenour alleging 15 causes of action for
Breach of Contract, Breach of Contract Third-Party Beneficiary, Civil Conspiracy, Wrongful
I9 Foreclosure, Fraud and Deceit, Conversion, Breach of Fiduciary Duty, interference with
20 Contractual Relations, Constructive Eviction, Quiet Title, Declaratory Relief and Embezzlement.
Thereinafter, Aldar demurred to the WOP Cross-Complaint which resulted in WOP filing a
Verified First Amended Cross-Comnlaint on May 24, 2021, alleging 13 causes of action covering a
plethora of events, issues and matters requiring extensive Discovery and raising complex
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transactional issues (hereinafter referred to as the "WOP FAC").
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As a result of the WOP filed Answer to the Aldar SAC and the Aldar(Ridenour and the THV
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Defendants'iled Answers to the WOP FAC, the case was effectively put at issue on June 25, 2021r
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except as to Cross-Defendant: Heidi Nelson, who has not appeared in these proceedings and
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apparently has not been served. However, it is noted that the THV Defendants have not filed an
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L,P.'S AND DERREL RIDENOUR'S
MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST INC AKA WORLD OF PENTECOST. LIFE CHURCH'S ANSWER
AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT
3
I Answer to the Aldar SAC on the basis that they served an Answer to the Aldar First Amended
Complaint, and appears to be an inadvertence.
After many months of delay by WOP, and also concurrently with the receipt of WOP's
objectionable responses to the Aldar propounded first sets of Discovery, legal counsel for Aldar,
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on November 30, 2021, received an email from Thomas Alexander. counsel for WOP
("Alexander"k indicatinu that he had substituted out as the attornev of record on behalf ol
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Defendant/Cross-Comnlainant: WOP, (attached as "A" to the Declaration of Murray Tragish
filed concurrently herewith is a copy of the referenced November 30, 2021 email with a copy ol
the Substitution of Attorney indicating Alexander's withdrawal as attorney for thc Defendant and
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Cross-Complainant: WOP, and also attached as Exhibit I3 to the Declaration of Murray Tragisb
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filed concurrently herewith is a Court-endorsed copy of the same Substitution).
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Subsequently, through a series of telephone and email communications with Aldar's legal
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counsel, Kurt Johnson (President and alleged Pastor of WOP) stated that Alexruider was no
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longer the attorney for Defendant/Cross-Complainant: WOP and that WOP had been seeking
new legal representation from November 30, 2021 through the present.
Despite numerous unanswered and non-responsive telephone calls by legal counsel for Aldai
to both Kurt Johnson and Alexander over the first two-weeks of January 2022 to confirm the
promised forthcoming supplemental responses to the WOP Discovery, on January 13, 2022 at
2o approximately 5;00 p.m„ legal counsel for Aldar received a telephone call from Alexander
wherein he indicated that he had agreed with WOP to represent itfor the limited purposes oi
transmitting the Supplemental Responses to the Aldar first sets of Discovery, and nothing more.
At that time, legal counsel for Aldar still had not received any of the supplement responses as
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promised by WOP on numerous occasions, and was in the process of preparing a Motion to
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Compel for filing the next day, January 14, 2022.
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At 5;27 p.m. on January 13, 2022, on the eve of Aldar's filing of a Motion to Compel, legal
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counsel for Aldar received WOP's written Supplemental Responses to Form Interrogatories,
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Supplemental Responses to Special Interrogatories, and Supplemental Responses to Request for
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L PFS AND DERREL RIDENOUR'S
MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST, INC AKA WORLD OF PENTECOST-LIFE CHURCH'S ANSWER
AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT
4
I Production of Documents to the first sets of Aldar's Discovery, which continued with the
deficiencies of the initial Responses by WOP, and will require forthcoming Motions to Compel,
which shall be prepared and filed with this court after letters of meet and confer are once again
sent to WOP.
As part of the documents emailed to Aldar's legal counsel's offices of January 13, 2022 by
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Alexander, legal counsel for Aldar received a Notice of Limited Scope Representation, a copy ol
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which is attached as Exhibit C to the Declaration of Murray Tragish filed concurrently herewith
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(hereinafter refened to as the "Notice" ). The Notice was not signed by Alexander and the proof
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of service was not filled out, and as of this date, the Court Docket does not reflect the ftline of
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the Notice with the Court.
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The Notice of l.imited Scope Representation indicates that Alexander will only represent
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WOP in the "'aidingin the transmission of World of Pentecost suoole&nental resoonses to Atda&
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Mini Storaee Form Interroeatories. Se! one, Soeciai Interroea(aries, Set One, and Reauest for
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Production, Set One. to attornevs for Aldar Mini S&toraee. LP" and no more. [emphasis addedj
Therefore, notwithstanding the very limited scope of Alexander's representation, in which
Alexander shall be acting as a conduit for mailing supplemental Discovery responses to the
Aldar first sets of Discovery, which has been received, and WOP is stillapnarentlv lookins foi
leual renresentation and is not renresented as to anv and all other discoverv. Drocedural and
2o evidentiarv matters and issues in the case.
On Friday, January 21, 2022, Aldar's legal counsel received another email fiom Alexander at
6:10 p.m., wherein he acknowledged that he did not sign the Notice and would send a signed one
to counsel. Attached as Exhibit D to the Declaration of Murray Tragish is a copy of the January
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21, 2022 Notice of Limited Scope Representation.
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The Exhibit D Notice of Limited Scope Representation indicates Alexander signed on
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January 3, 2022, when he actually signed on January 21, 2022, and while he has now signed the
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proof of service for January 21, 2022, it does not indicate service to the THV Defendants and
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their legal counsel, and provides the Limited Scope of Representation is only effective to WOP
MEMORANDUM OP POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P&S AND DERREL RIDENOUR'S
MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST, INC. AKA WORLD OF PENTECOST-LIFE CHURCH'S ANSWER
AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT
5
I as a party defendant in these proceedings, and not as to WOP as a Cross-Complainant. Further
the address on the proof of service for Aldar's legal counsel is the wrong address,
notwithstanding numerous notices indicating the correct address since May of last year.
The signed (and second) Notice of Limited Scope Representation does not appear on the
5
Court Docket and does not appear to have been filed with the Court.
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The Court may note that the Docket purports that Alexander may stillbe legal counsel ol
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record for WOP as a Cross-Complainant, however, the clear indication in the signature to the
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second received Notice of Limited Scope Representation states that he is not, as well as
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Alexander's and WOP's representations that Alexander did not represent WOP as a
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Defendant/Cross-Complainant, and supported by the second page of the endorsed Exhibits A and
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8, Substitution of Attorney, all of which confirms that Alexander has not represented WOP since
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November 30, 2021. Further, the Court"s Clerk had endeavored to confirm the non-
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representation on several occasions but Alexander l'ailed to return the Clerk" s phone calls.
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23. It has also come to the attention of legal counsel for Aldar, as part of due diligence for
filing Motions to Compel, that WOP is a suspended domestic non-protit corporation and without
17 standing to appear in these proceedings. Attached as Exhibit E to the Declaration of Murray
IB Tragish filed concurrently herewith are copies of the entity details from the California Secretaiy
19 of State business search, and the Statement of Information for WOP obtained from the Secretary
20 of State internet portal, and was acquired on and dated January 20, 2022, which evidence WOP's
Suspended status in the State of California.
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II.
THE WORLD OF PENTECOST-LIFE CHURCH CANNOT REPRESENT ITSELF IN A
COURT IN CALIFORNIA
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While there does not appear to be actual statutory law stating that corporations must be
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represented by legal counsel in California, the rule that a corporation cannot represent itself is a long
standing common law rule that is well established in case law that a corporation cannot represent
2B
itself in court, either in propria persona or through an officer or agent who is not an attorney.
MEMORANDUivI OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P 'S ANi DDERREL RIDENOUR'S
MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST, INC. AKA WORLD OF PENTECOST-LIFE CHURCH*S ANSWER
AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT
6
Merco Constr. Engineers, inc. v Municipal Court (1978) 21 Cal. 3d 724, 729; Van Gundy v
I
Camelot Resorts, Jnc. (1983) 152 Cal. App. 3d Supp. 29, 32; Caressa Camille, Jnc. v Alcoholic
Beverage Control Appeals Bd. (2002) 99 Cal. App. 4'" 1094, 1101; Paradise v iVowlin (1948) 86
Cal. App. 2d 897, 898.
6
Corporations cannot appear pro per for three reasons: (1) any representative sent on behalf of
6
the corporation would be engaged in the unauthorized practice of law, which is not allowed; (2)
8 the rule ensures that qualified professionals will appear in Court, thereby increasing the efficient
and proper administration of justice and the Courts; and (3) the distinction helps to maintain the
10
wall between the corporation as an entity and its individuals shareholders, directors, and officers.
ll
CED Construction, Jnc. v City ofSan Roman (2004) 120 Cal. App. O'I'65, 773
12
In thc instant case, WOP has effectively been without legal counsel since Thomas Alexander,
IA Jr., Esq., (" Alexander" ) substituted out as the attorney for WOP as a Defendant, and as a Cross-
IS
Comnlainant, which the tiled and executed Substitution attests to as well as Alexander's stated
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intentions to counsel for Aldar and Ridenour, Murray Tragish, Esq.("Tragish"), in Alexander's
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November 30, 2021 email, which is attached as Exhibit A to the concurrently filed Declaration
18
19 of Murray Tragish, and by acknowledgement to Tragish fiom Kills Johnson, President of WOP.
It is further supported by a subsequent Notice of Limited Representation provided by Alexander.
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WOP has been representing that it has been looking to retain legal counsel since November
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30, 2021, and thereafter.
23
On January 13, 2022, Alexander emailed Tragish a Nodlce of Limited Scope Representation
26 ("Notice'*) that indicated his intended representation is narrowly drawn only to representation of
Defendant: WOP and transmission of Supplemental Responses to Aldar's first sets of Discovery,
27
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P3S AND DERREL RIDENOUR'S
MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST, INC. AKA WORLD OF PENTECOST-LIFE CHURCH'S ANSWER
AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT
7
so as to leave WOP with no representation regarding any and all other Discovery matters,
I
motions, and any and all other procedural and evidentiary matters in the case.
Notwithstanding Tragish's receipt of the emailed copies of the Notice, which has not been
4
properly provided to other legal counsel in the case, the Court Docket has no evidence, as of this
5
date, of its filing, Alexander is not of record on any basis, whatsoever.
6
Therefore, it is respectfully submitted that WOP is without legal representation in the case,
8 and the Court should strike WOP's Answer to the Aldar SAC, and the WOP FAC.
10
WOP IS A SUSPENDED CALIFORNIA CORPORATION AND DOES NOT HAVE
STANDING FOR PROSECUTING OR DEFENDING ITS CROSS-COIVIPLAINT AND
ANSWER, AiVD ITS PLEADINGS SHOIJLD BK STRICKEN AND DEFAIII T ENTERED
12
A suspended corporation may not prosecute or defend an action in California Courts, and is
14 disqualified fiom exercising any rights, power or privilege in California Courts. Timberline, inc, v
Jaisinghani (1997) 54 Cal. App. 4+ 1361; Ransome-Crummey Co. v Superior Court 54 Cal. App.
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4+ 1366 (1922) 188 Cal. 393, 396-397 [205 P. 446]; Alhambra-Shumvvay Mines, Inc, v Alhambra
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Gold Mi ne Corp (1957) 155 Cal. App. 2d 46, 50-21 [317 P. 2d 649]; 73ourhisv Lord (2013) 56 Cal.
18
19 4 320, 324, 153 Cal. Rptr. 3d 510, 512; City of San Diego v San Diegansfor Open Government
20 (2016) 3 Cal. App. 5@ 568, 577, 207 Cal. Rptr. 3d 703, 709
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In the instant case, pursuant to Exhibit E of the concurrently filed Declaration of Murray
22
Tragish, WOP is a FTB (Franchise Tax Board) suspended corporation and does not have standing to
23
defend itself or prosecute claims in these proceedings, and it is subinitted that its Ansv'er be stricken
26 and default be taken against WOP and that WOP's Cross-Complaint (WOP FAC) also be stricken.
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L P 'S ANTI DERREL RIDENOUR*S
MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST, INC. AKA WORLD OF PENTECOST-LIFE CHURCH'S ANSWER
AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT
8
IV.
CONCLVSION
It is respectfully submitted that Alder and Ridenour's Motion to Strike the WOP Answer to the
4
PlaintifFs Complaint (Alder SAC) and the entry of default be entered by the Court, and that the
5
WOP Cross-Complaint (WOP FAC) be stricken, be granted.
6
8
Dated: January, 2022 OF
OF R
10
by:
Murray Tragi
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Cross-Defend
California lim
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Defendant, D
14
IS
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18
'70
21
12
73
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15
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MEMGRAND'UM op polNTs AND AUTI.IDRITIEs IN sUppoRT op ALDAIt MINI sTDRAcpL LIFcs AND DERREL RIDf NGUR's
MOTION I'OR AI4 ORDER STRIKING WORI.D OF I'ENTIICOST, INC. AKA WOIU.DOli Pl'NTI COST LIFE CIIURCH'S ANSWER
AND CROSS COMPLAINT, AND Iiolt ENTRY Oli DEliAUI T
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PROOF OF SERVICE
Alder Mini Storage, LP. vs, THV Enterprises, inc., et al.
Kern County Superior Court; Case No. BC V-20-/01265-SDS
STATE OF CALIFORNIA, COUNTY OF KERN
I am a citizen of the United States and employed in the County of Kem, State of California
and my business
address is 5330 Office Center Court, Suite 72, Bakersfield, California
93309; I am over the age of eighteen and not a
pariy to the within entitled action.
On January 25, 2022, I served the following document(s) described as: MEMORANDUM OF POT NTS AND
AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE. L.P.'S AND DERREL RIDENOUR'S
MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST. INC. AKA WORLD OF PENTECOST-
LIFE CHURCH*S AiNSWER AND CROSS-COMPLAINT. AND FOR ENTRY OF DEFAULT, on the
interested parties to said action or through their attorneys of record, by placing s true copy thereof in a sealed envelope,
addressed as shown below, by the following means:
(By Mail) By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, for
collection and mailing on that date following ordinary business practices, in the United States Mail at the I.aw
Offices of Murray Tragish, Bakersfield, California, addressed as shown below. I am readily familiar with this
business's practice for collection and processing of correspondence for mailing with the U.S.Postal Service,
and in the ordinarycourse of business correspondence would be deposited with the U.S.Postal Setvice the
same day it was placed for collection and processing.
~Attmev for Defendants/Cross-Defendants: THV Enterprises. Incz THV 1lavknar~LLC
~Kh chartur Ohasabyan: Tiuran Arutvunyag
Ronald D. Dcssy, Esq.
Dessy Jt Dessy APC
1301 "L" Street
Bakersfield, California93301
~Defend it, WorldOf Pcntecogt. Inc. aka World of Pentecost-l,,ife Church
c/o Kuts Johnson and Linda Johnson
13061 Rosedale I.lighway
Bakersfield, California 93314
~Att mevs for Cross-Complainant World of Pentecost. Inc.
Thomas M, Alexander, Jr, Esq. Thomas M. Alexander, Jr, Esq.
Alexander Law Ol'fices Thomas Alexander Law Offices
468 N. Camden Drive, Suite 200 226 East Sixth Street
Beverly Hills, California 90210 Beaumont, California 92223
XX (By Electronic Service) Complying with California Code of Civil Procedure I11010.6, caused each such
document(s) to be electronically served from amy@murraytragish.corn to each addressee below. The file
transmission was reported as complete and a copy of the receipt will be maintained with the original
document(s) in our office.
Rond1952+aaokcom Ronald D. Dessy, Esq.
Kurtejohnson70@gmail.corn Kurt Johnson (World of Pentecost, Inc.}
alexanderslaw@gmail.corn Thomas Alexanders, Jr., Esq.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct, and that I am employed in the office of a member of the Bar of this Court at whose direction the
servicewasmade. Executedon January25,2022,atBak f ld C 1'f '
fK
Preview
Murray Tragish, Esq., CSB ¹80759 LAW OFFICES OF MURRAY TRAGISH 5330 Office Center Court, Suite 72 1405 Commercial Way, Suite 130 Bakersfield, California 93309 Tel: (661) 324-2648 E-Mail:Mutray@Murraytragish.corn Ray T. Mullen. Esq., CSB ¹111852 LAW OFFICE OF RAY T. MULLEN 5330 Office Center Court, Suite 32 Bakersfield, California 93309 Tel: (661) 631-1531 E-Mail:Ray@Raymullen.corn 9 Attorneys for Plaintiff/Cross-Defendant: Aldar Mini Storage„L.P., a California Limited Partnership and 10 Cross-Defendant: Derrel Ridenour 12 SIJPERIOR COIJRT OF TI-IE STATE OF CALIFORNIA 13 I'N AND FOR THE COUNTY OF KERN, METROPOLITAN DISTRICT, CIVII, DIVISION 14 ALDAR MINI STORAGI::, L.P., a California Case No. 13CV-20-101265-BCB IS limited partnership, 16 MEMORANDUM OF POINTS AND AUTHORITIES IN SIJPPORT OF AI.DAR Plaintiff, MINI STORAGF., L.P.'S AND DERREL 17 vs. RIDENOUR'8 MOTION FOR AN ORDER 18 STRIKING WORLD OF PENTECOST, INC. THV ENTERPRISES, a California AKA WORLD OF PENTECOST-LIFE coiporation; THV HAYKNARIK, LLC, a CHURCEI*S ANSWER AND CROSS- 19 California limited liability company; WORLD COMPLAINT, AND FOR ENTRY OF 20 OF PENTECOST, INC., a California non- DEFAULT profit religious corporation, also known as 21 WORLD OF PENTECOST-LIFE CHURCH; Date of Hearing: March KHACHATUR GHASABYAN, an individual, I, 2022 Time of Hearing: 8:30 a.m. 22 also known as CHRIS GHASABYAN; Division: H TIGRAN ARUTYUNYAN, an individual; and 23 DOES I through 500, inclusive, 24 Defendants, 23 WORLD OF PENTECOST, INC., a Assigned to the Honorable Bernard C. Bannann 26 Action Filed: June I, 2020 Second Amended Complaint Filed: Dec. 21 2020 27 Cross-Complainant, First Amended Cross-Complaint: May 24, 2021 Trial Date: May 23, 2022 28 vs. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, LPFS AND DERREL RIDENOUR'S MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST, INC. AKA WORLD OF PENTECOST-LIFE CHI;RCH'S ANSWER AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT I ALDAR MINI STORAGE, L.P., a I California limited partnership, DERRELL RIDENOUR, an individual, HEIDI NELSON, an individual, THV ENTERPRISES, a California coiporation; THV HAYKNARIK, 4 LLC, a California limited liability company; ALDAR MINI STORAGE, L.P., a California limited partnership, KHACHATUR GHASAB YAN, an individual, also known as CHRIS GHASABYAN; TIGRAN ARUTYUNYAN, All Person Unknown, Claiming any Legal or Equitable Right, Title, s Estate, Lien, or Interest in the Property Described in the Complaint or Cross- Complaint Adverse to Cross-Complainant's Title Thereto, and DOES I through 500, inclusive, 11 (Crosst-Defendants. 12 TO TLIE ABOVE-I".NTITLKD COURT, AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: COMES NO%', Plaintiff. and Cross-Defendant: ALDAR MINI STORAGE, L.P., a 16 California limited partnership (hereinafter referred to as "Aldar") and Cross-Defendant: 17 DERREL RIDENOUR (hereinafter referred to as "Ridenour"), and in support of their Motion foi 18 an Order Striking World of Pentecost, Inc. aka World of Pentecost-Life Church's (hereinaftei 19 collectively referred to as "WOP") Answer and First Amended Cross-Complaint, and For Entry ol 20 Default (hereinafter refeired to as the "Motion" ), do hereby submit their Memorandum of Points 21 and Authorities. 22 23 24 INTRODUCTION 25 This Motion is made on the grounds that WOP, an alleged non-profit corporation, is without complete legal representation in these proceedings and cannot represent itself, and that it is a 27 suspended California corporation and does not have any right, power or privilege to defend itself or MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L,PFS AND DERREL RIDENOUR'S MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST, INC. AKA WORLD OF PENTECOST-LIFE CHURCH*S ANSWER AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT 2 I prosecute a Cross-Complaint, and that its pleadings be struck and default entered as to the Aldar and Ridenour Second Amended Complaint in these proceedings. On or about June I, 2020, the Plaintiff: Aldar filed a Complaint in the instant Courl concerning a Lease for real property located at 3025 Fairfax Road, Bakersfield, California, in the County of Kem, State of California (hereinafter referred to as the "Fairfax Property" ), and the 6 breach of its terms. 7 Subsequently, as a result of conversations amongst legal counsel for some of the party 8 defendants, and a Demurrer by Defendants: THV Enterprises ("THV"), THV Hayknarik, LLC ("Hayknarik"), Khachatur Ghasabyan (" Chris" )and Tigran Arutyunyun ("Tigran") and hereinaftei 10 collectively referred to as "THV Defendants,"" Aldar filed a Second Amended Complaint for Breach 11 of Lease, Breach of Guaranty, Ejectment and Declaratory Relief on December 21, 2020 (hereinaftei 12 referred to as the "Aldar SAC"). The Aldar original Complaint and the Aldar SAC also included as 13 a party defendant, World of Pentecost, Inc. aka World of Pentecost-Life Church (hereinaftei 14 referred to as "WOP"). On or about February 26, 2021, WOP filed an Answer to the Aldar. SAC and an unverified Cross-Complaint against the TFIV Defendants, Aldar and Ridenour alleging 15 causes of action for Breach of Contract, Breach of Contract Third-Party Beneficiary, Civil Conspiracy, Wrongful I9 Foreclosure, Fraud and Deceit, Conversion, Breach of Fiduciary Duty, interference with 20 Contractual Relations, Constructive Eviction, Quiet Title, Declaratory Relief and Embezzlement. Thereinafter, Aldar demurred to the WOP Cross-Complaint which resulted in WOP filing a Verified First Amended Cross-Comnlaint on May 24, 2021, alleging 13 causes of action covering a plethora of events, issues and matters requiring extensive Discovery and raising complex 24 transactional issues (hereinafter referred to as the "WOP FAC"). 26 As a result of the WOP filed Answer to the Aldar SAC and the Aldar(Ridenour and the THV 26 Defendants'iled Answers to the WOP FAC, the case was effectively put at issue on June 25, 2021r 27 except as to Cross-Defendant: Heidi Nelson, who has not appeared in these proceedings and 28 apparently has not been served. However, it is noted that the THV Defendants have not filed an MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L,P.'S AND DERREL RIDENOUR'S MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST INC AKA WORLD OF PENTECOST. LIFE CHURCH'S ANSWER AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT 3 I Answer to the Aldar SAC on the basis that they served an Answer to the Aldar First Amended Complaint, and appears to be an inadvertence. After many months of delay by WOP, and also concurrently with the receipt of WOP's objectionable responses to the Aldar propounded first sets of Discovery, legal counsel for Aldar, 6 on November 30, 2021, received an email from Thomas Alexander. counsel for WOP ("Alexander"k indicatinu that he had substituted out as the attornev of record on behalf ol 7 Defendant/Cross-Comnlainant: WOP, (attached as "A" to the Declaration of Murray Tragish filed concurrently herewith is a copy of the referenced November 30, 2021 email with a copy ol the Substitution of Attorney indicating Alexander's withdrawal as attorney for thc Defendant and IO Cross-Complainant: WOP, and also attached as Exhibit I3 to the Declaration of Murray Tragisb ll filed concurrently herewith is a Court-endorsed copy of the same Substitution). 12 Subsequently, through a series of telephone and email communications with Aldar's legal 13 counsel, Kurt Johnson (President and alleged Pastor of WOP) stated that Alexruider was no 14 longer the attorney for Defendant/Cross-Complainant: WOP and that WOP had been seeking new legal representation from November 30, 2021 through the present. Despite numerous unanswered and non-responsive telephone calls by legal counsel for Aldai to both Kurt Johnson and Alexander over the first two-weeks of January 2022 to confirm the promised forthcoming supplemental responses to the WOP Discovery, on January 13, 2022 at 2o approximately 5;00 p.m„ legal counsel for Aldar received a telephone call from Alexander wherein he indicated that he had agreed with WOP to represent itfor the limited purposes oi transmitting the Supplemental Responses to the Aldar first sets of Discovery, and nothing more. At that time, legal counsel for Aldar still had not received any of the supplement responses as 24 promised by WOP on numerous occasions, and was in the process of preparing a Motion to 26 Compel for filing the next day, January 14, 2022. 26 At 5;27 p.m. on January 13, 2022, on the eve of Aldar's filing of a Motion to Compel, legal 27 counsel for Aldar received WOP's written Supplemental Responses to Form Interrogatories, 28 Supplemental Responses to Special Interrogatories, and Supplemental Responses to Request for MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L PFS AND DERREL RIDENOUR'S MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST, INC AKA WORLD OF PENTECOST-LIFE CHURCH'S ANSWER AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT 4 I Production of Documents to the first sets of Aldar's Discovery, which continued with the deficiencies of the initial Responses by WOP, and will require forthcoming Motions to Compel, which shall be prepared and filed with this court after letters of meet and confer are once again sent to WOP. As part of the documents emailed to Aldar's legal counsel's offices of January 13, 2022 by 6 Alexander, legal counsel for Aldar received a Notice of Limited Scope Representation, a copy ol 7 which is attached as Exhibit C to the Declaration of Murray Tragish filed concurrently herewith 8 (hereinafter refened to as the "Notice" ). The Notice was not signed by Alexander and the proof 9 of service was not filled out, and as of this date, the Court Docket does not reflect the ftline of IO the Notice with the Court. ll The Notice of l.imited Scope Representation indicates that Alexander will only represent 12 WOP in the "'aidingin the transmission of World of Pentecost suoole&nental resoonses to Atda& 13 Mini Storaee Form Interroeatories. Se! one, Soeciai Interroea(aries, Set One, and Reauest for 14 Production, Set One. to attornevs for Aldar Mini S&toraee. LP" and no more. [emphasis addedj Therefore, notwithstanding the very limited scope of Alexander's representation, in which Alexander shall be acting as a conduit for mailing supplemental Discovery responses to the Aldar first sets of Discovery, which has been received, and WOP is stillapnarentlv lookins foi leual renresentation and is not renresented as to anv and all other discoverv. Drocedural and 2o evidentiarv matters and issues in the case. On Friday, January 21, 2022, Aldar's legal counsel received another email fiom Alexander at 6:10 p.m., wherein he acknowledged that he did not sign the Notice and would send a signed one to counsel. Attached as Exhibit D to the Declaration of Murray Tragish is a copy of the January 24 21, 2022 Notice of Limited Scope Representation. 25 The Exhibit D Notice of Limited Scope Representation indicates Alexander signed on 26 January 3, 2022, when he actually signed on January 21, 2022, and while he has now signed the 27 proof of service for January 21, 2022, it does not indicate service to the THV Defendants and 28 their legal counsel, and provides the Limited Scope of Representation is only effective to WOP MEMORANDUM OP POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P&S AND DERREL RIDENOUR'S MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST, INC. AKA WORLD OF PENTECOST-LIFE CHURCH'S ANSWER AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT 5 I as a party defendant in these proceedings, and not as to WOP as a Cross-Complainant. Further the address on the proof of service for Aldar's legal counsel is the wrong address, notwithstanding numerous notices indicating the correct address since May of last year. The signed (and second) Notice of Limited Scope Representation does not appear on the 5 Court Docket and does not appear to have been filed with the Court. 6 The Court may note that the Docket purports that Alexander may stillbe legal counsel ol 7 record for WOP as a Cross-Complainant, however, the clear indication in the signature to the B second received Notice of Limited Scope Representation states that he is not, as well as 9 Alexander's and WOP's representations that Alexander did not represent WOP as a IO Defendant/Cross-Complainant, and supported by the second page of the endorsed Exhibits A and 11 8, Substitution of Attorney, all of which confirms that Alexander has not represented WOP since 12 November 30, 2021. Further, the Court"s Clerk had endeavored to confirm the non- 15 14 representation on several occasions but Alexander l'ailed to return the Clerk" s phone calls. 15 23. It has also come to the attention of legal counsel for Aldar, as part of due diligence for filing Motions to Compel, that WOP is a suspended domestic non-protit corporation and without 17 standing to appear in these proceedings. Attached as Exhibit E to the Declaration of Murray IB Tragish filed concurrently herewith are copies of the entity details from the California Secretaiy 19 of State business search, and the Statement of Information for WOP obtained from the Secretary 20 of State internet portal, and was acquired on and dated January 20, 2022, which evidence WOP's Suspended status in the State of California. 22 II. THE WORLD OF PENTECOST-LIFE CHURCH CANNOT REPRESENT ITSELF IN A COURT IN CALIFORNIA 24 While there does not appear to be actual statutory law stating that corporations must be 25 represented by legal counsel in California, the rule that a corporation cannot represent itself is a long standing common law rule that is well established in case law that a corporation cannot represent 2B itself in court, either in propria persona or through an officer or agent who is not an attorney. MEMORANDUivI OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P 'S ANi DDERREL RIDENOUR'S MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST, INC. AKA WORLD OF PENTECOST-LIFE CHURCH*S ANSWER AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT 6 Merco Constr. Engineers, inc. v Municipal Court (1978) 21 Cal. 3d 724, 729; Van Gundy v I Camelot Resorts, Jnc. (1983) 152 Cal. App. 3d Supp. 29, 32; Caressa Camille, Jnc. v Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal. App. 4'" 1094, 1101; Paradise v iVowlin (1948) 86 Cal. App. 2d 897, 898. 6 Corporations cannot appear pro per for three reasons: (1) any representative sent on behalf of 6 the corporation would be engaged in the unauthorized practice of law, which is not allowed; (2) 8 the rule ensures that qualified professionals will appear in Court, thereby increasing the efficient and proper administration of justice and the Courts; and (3) the distinction helps to maintain the 10 wall between the corporation as an entity and its individuals shareholders, directors, and officers. ll CED Construction, Jnc. v City ofSan Roman (2004) 120 Cal. App. O'I'65, 773 12 In thc instant case, WOP has effectively been without legal counsel since Thomas Alexander, IA Jr., Esq., (" Alexander" ) substituted out as the attorney for WOP as a Defendant, and as a Cross- IS Comnlainant, which the tiled and executed Substitution attests to as well as Alexander's stated 16 intentions to counsel for Aldar and Ridenour, Murray Tragish, Esq.("Tragish"), in Alexander's 17 November 30, 2021 email, which is attached as Exhibit A to the concurrently filed Declaration 18 19 of Murray Tragish, and by acknowledgement to Tragish fiom Kills Johnson, President of WOP. It is further supported by a subsequent Notice of Limited Representation provided by Alexander. 21 WOP has been representing that it has been looking to retain legal counsel since November 22 30, 2021, and thereafter. 23 On January 13, 2022, Alexander emailed Tragish a Nodlce of Limited Scope Representation 26 ("Notice'*) that indicated his intended representation is narrowly drawn only to representation of Defendant: WOP and transmission of Supplemental Responses to Aldar's first sets of Discovery, 27 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L.P3S AND DERREL RIDENOUR'S MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST, INC. AKA WORLD OF PENTECOST-LIFE CHURCH'S ANSWER AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT 7 so as to leave WOP with no representation regarding any and all other Discovery matters, I motions, and any and all other procedural and evidentiary matters in the case. Notwithstanding Tragish's receipt of the emailed copies of the Notice, which has not been 4 properly provided to other legal counsel in the case, the Court Docket has no evidence, as of this 5 date, of its filing, Alexander is not of record on any basis, whatsoever. 6 Therefore, it is respectfully submitted that WOP is without legal representation in the case, 8 and the Court should strike WOP's Answer to the Aldar SAC, and the WOP FAC. 10 WOP IS A SUSPENDED CALIFORNIA CORPORATION AND DOES NOT HAVE STANDING FOR PROSECUTING OR DEFENDING ITS CROSS-COIVIPLAINT AND ANSWER, AiVD ITS PLEADINGS SHOIJLD BK STRICKEN AND DEFAIII T ENTERED 12 A suspended corporation may not prosecute or defend an action in California Courts, and is 14 disqualified fiom exercising any rights, power or privilege in California Courts. Timberline, inc, v Jaisinghani (1997) 54 Cal. App. 4+ 1361; Ransome-Crummey Co. v Superior Court 54 Cal. App. 16 4+ 1366 (1922) 188 Cal. 393, 396-397 [205 P. 446]; Alhambra-Shumvvay Mines, Inc, v Alhambra 17 Gold Mi ne Corp (1957) 155 Cal. App. 2d 46, 50-21 [317 P. 2d 649]; 73ourhisv Lord (2013) 56 Cal. 18 19 4 320, 324, 153 Cal. Rptr. 3d 510, 512; City of San Diego v San Diegansfor Open Government 20 (2016) 3 Cal. App. 5@ 568, 577, 207 Cal. Rptr. 3d 703, 709 21 In the instant case, pursuant to Exhibit E of the concurrently filed Declaration of Murray 22 Tragish, WOP is a FTB (Franchise Tax Board) suspended corporation and does not have standing to 23 defend itself or prosecute claims in these proceedings, and it is subinitted that its Ansv'er be stricken 26 and default be taken against WOP and that WOP's Cross-Complaint (WOP FAC) also be stricken. 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE, L P 'S ANTI DERREL RIDENOUR*S MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST, INC. AKA WORLD OF PENTECOST-LIFE CHURCH'S ANSWER AND CROSS-COMPLAINT, AND FOR ENTRY OF DEFAULT 8 IV. CONCLVSION It is respectfully submitted that Alder and Ridenour's Motion to Strike the WOP Answer to the 4 PlaintifFs Complaint (Alder SAC) and the entry of default be entered by the Court, and that the 5 WOP Cross-Complaint (WOP FAC) be stricken, be granted. 6 8 Dated: January, 2022 OF OF R 10 by: Murray Tragi 12 Cross-Defend California lim 13 Defendant, D 14 IS 16 17 18 '70 21 12 73 24 15 27 28 MEMGRAND'UM op polNTs AND AUTI.IDRITIEs IN sUppoRT op ALDAIt MINI sTDRAcpL LIFcs AND DERREL RIDf NGUR's MOTION I'OR AI4 ORDER STRIKING WORI.D OF I'ENTIICOST, INC. AKA WOIU.DOli Pl'NTI COST LIFE CIIURCH'S ANSWER AND CROSS COMPLAINT, AND Iiolt ENTRY Oli DEliAUI T 9 PROOF OF SERVICE Alder Mini Storage, LP. vs, THV Enterprises, inc., et al. Kern County Superior Court; Case No. BC V-20-/01265-SDS STATE OF CALIFORNIA, COUNTY OF KERN I am a citizen of the United States and employed in the County of Kem, State of California and my business address is 5330 Office Center Court, Suite 72, Bakersfield, California 93309; I am over the age of eighteen and not a pariy to the within entitled action. On January 25, 2022, I served the following document(s) described as: MEMORANDUM OF POT NTS AND AUTHORITIES IN SUPPORT OF ALDAR MINI STORAGE. L.P.'S AND DERREL RIDENOUR'S MOTION FOR AN ORDER STRIKING WORLD OF PENTECOST. INC. AKA WORLD OF PENTECOST- LIFE CHURCH*S AiNSWER AND CROSS-COMPLAINT. AND FOR ENTRY OF DEFAULT, on the interested parties to said action or through their attorneys of record, by placing s true copy thereof in a sealed envelope, addressed as shown below, by the following means: (By Mail) By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, for collection and mailing on that date following ordinary business practices, in the United States Mail at the I.aw Offices of Murray Tragish, Bakersfield, California, addressed as shown below. I am readily familiar with this business's practice for collection and processing of correspondence for mailing with the U.S.Postal Service, and in the ordinarycourse of business correspondence would be deposited with the U.S.Postal Setvice the same day it was placed for collection and processing. ~Attmev for Defendants/Cross-Defendants: THV Enterprises. Incz THV 1lavknar~LLC ~Kh chartur Ohasabyan: Tiuran Arutvunyag Ronald D. Dcssy, Esq. Dessy Jt Dessy APC 1301 "L" Street Bakersfield, California93301 ~Defend it, WorldOf Pcntecogt. Inc. aka World of Pentecost-l,,ife Church c/o Kuts Johnson and Linda Johnson 13061 Rosedale I.lighway Bakersfield, California 93314 ~Att mevs for Cross-Complainant World of Pentecost. Inc. Thomas M, Alexander, Jr, Esq. Thomas M. Alexander, Jr, Esq. Alexander Law Ol'fices Thomas Alexander Law Offices 468 N. Camden Drive, Suite 200 226 East Sixth Street Beverly Hills, California 90210 Beaumont, California 92223 XX (By Electronic Service) Complying with California Code of Civil Procedure I11010.6, caused each such document(s) to be electronically served from amy@murraytragish.corn to each addressee below. The file transmission was reported as complete and a copy of the receipt will be maintained with the original document(s) in our office. Rond1952+aaokcom Ronald D. Dessy, Esq. Kurtejohnson70@gmail.corn Kurt Johnson (World of Pentecost, Inc.} alexanderslaw@gmail.corn Thomas Alexanders, Jr., Esq. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am employed in the office of a member of the Bar of this Court at whose direction the servicewasmade. Executedon January25,2022,atBak f ld C 1'f ' fK