{ Converted to text using OCR. The PDF is the controlling document. JM}
REC'D & FILED
2012 MAY 15 PM 12:56
ALAN GLOVER CLERK
BY DEPUTY __________
Matthew D. Francis (6978)
Adam P. McMillen (10679)
WATSON ROUNDS
5371 Kietzke Lane
Reno, NV 89511
Telephone: 775-324-4100
Facsimile: 775-333-8171
Attorneys for Plaintiff Jed Margolin
In The First Judicial District Court of the State of Nevada
In and for Carson City
|
JED MARGOLIN, an individual, Plaintiff, VS.
OPTIMA TECHNOLOGY CORPORATION, a California corporation, OPTIMA TECHNOLOGY CORPORATION, a Nevada corporation, REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI aka G. REZA JAZI aka GHONONREZA ZANDIAN JAZI, an individual, DOE Companies 1-10, DOE Corporations 11-20, and DOE Individuals 21-30, Defendants.
|
Case No.: 09OC00579 1B Dept. No.: 1
PLAINTIFF'S MOTION TO COMPEL APPEARANCE OF COUNSELOR FOR OPTIMA TECHNOLOGY CORPORATIONS OR IN THE ALTERNATIVE, MOTION TO STRIKE GENERAL DENIAL OF OPTIMA TECHNOLOGY CORPORATIONS
|
Pursuant to NRCP 7.285, SCR 77, and other applicable law, Plaintiff Jed Margolin ("Mr. Margolin" or "Plaintiff') hereby moves this Court for an order compelling Defendants Optima Technology Corporation, a California corporation, and Optima Technology Corporation, a Nevada corporation (collectively "Optima Technology Corporations") to retain legal counsel, or, in the alternative, to strike the General Denial of those Corporations filed on March 13, 2012. This Motion is based on the grounds that because the Optima Technology Corporations are no longer represented by counsel, they cannot represent themselves under Nevada Law, and cannot defend, prosecute, or participate in this action. This Motion is based
-1-
on the attached Memorandum of Points and Authorities, all pleadings and papers on file in this action, and any argument the Court may hear.
Dated this 15"' day of May, 2012. WATSON ROUNDS
BY: /s/ Adam P. McMillen
Matthew D. Francis (6978)
Adam F. McMillen (10678)
5371 Kietzke Lane
Reno, NV 89511
Telephone: 775-324-4100
Facsimile: 775-333-8171
Attorneys for Plaintiff Jed Margolin
MEMORANDUM OF POINTS AND AUTHORITIES
I. BACKGROUND
Mr. Margolin filed the Complaint in this action on December 11, 2009. After extensive briefing regarding service on Defendants concluded, and after the Court denied Defendants' Motion to Dismiss, Defendants served two "General Denials." The first General Denial was served on March 5, 2012 on behalf of the individual Reza Zandian aka Golaimeza Andianjazi aka Gholam Reza Zandian, aka Reza Jazi aka J. Reza Jazi aka G. Reza Jazi aka Ghononreza Zandian Jazi. The second General Denial was served on March 13, 2012 on behalf of the Optima Technology Corporations.
On March 13, 2012, Defense counsel moved to withdraw from representing all of the individual and corporate Defendants in this action. On March 16 2012, Plaintiff filed a non-opposition to Defense counsel's Motion to Withdraw, and on April 26, 2012, this Court granted Defense counsel's Motion to Withdraw. The undersigned has not been contacted by new Defense counsel for any of the Defendants as of the date of this Motion, and no appearance of counsel has been entered for any of the Defendants as of the date of this Motion.
II. ARGUMENT
NRS 7.285 provides that "[n]o person shall practice law in this state unless he is an active member of the State Bar of Nevada pursuant to the rules of the supreme court." The statute further provides that any person who practices law who is not an active member of the State Bar of Nevada is guilty of a misdemeanor. SCR 77 provides that, with certain
-2-
inapplicable exceptions, no person may practice law as an officer of the courts in this state who is not an active member of the state bar. Nevada case law is clear on this issue as well. See State v. Stu's Bail Bonds, 115 Nev. 436, n. 1, 991 P.2d 469, 470 n. 1 (1999) ("business entities are not permitted to appear, or file documents, in proper person"); Salman v. Newell, 110 Nev. 1333, 1336, 885 P. 2d 607, 609 (1994) (observing that no statute or rule permits a non-lawyer to represent an entity and concluding that an entity cannot proceed in proper person); Suede v. Contel of California, 112 Nev. 541, 542-43, 915 P.2d 298, 299 (1996) (explaining that non-lawyers may not represent entities in court).
Courts may strike pleadings when a corporation has failed to retain counsel. See Trustees of Operating Engineers Pension Trust v. O'Donnell, 2007 WL 672528, *2 (D. Nev. 2007) (granting motion to compel and alternative motion to strike answer) (citations omitted).
Because corporations may not represent themselves, the Optima Technology Corporations cannot defend, prosecute, or participate in this action without counsel licensed in the State of Nevada. As such, Plaintiff respectfully requests that the Optima Technology Corporations be ordered to retain legal counsel no later than June 15, 2012. Plaintiff also respectfully requests that the March 13, 2012 General Denial filed by Optima Technology Corporations be stricken if Optima Technology Corporations do not retain new counsel, by June 15, 2012.
III. CONCLUSION
For all of the foregoing reasons Plaintiff’s Motion should be granted in the manner requested.
-3-
AFFIRMATION PURSUANT TO NRS 239B.030
The undersigned does hereby affirm that the preceding document does not contain the social security number of any person.
Dated this 15th day of May, 2012. WATSON ROUNDS
BY /s/ Adam P. McMillen
Matthew D. Francis (6978)
Adam P. McMillen (10678)
5371 Kietzke Lane
Rene, NV 89511
Telephone: 775-324-4100
Facsimile: 775-333-8171
Attorneys for Plaintiff Jed Margolin
-4-
CERTIFICATE OF SERVICE
Pursuant to NRCP 5(b), I certify that I am an employee of Watson Rounds, and that on this date, a true and correct copy of the foregoing document, PLAINTIFF'S MOTION TO COMPEL APPEARANCE OF COUNSEL FOR OPTIMA TECHNOLOGY CORPORATIONS, OR IN THE ALTERNATIVE, MOTION TO STRIKE GENERAL DENIAL OF OPTIMA TECHNOLOGY CORPORATIONS, will be served via first-class mail through the U.S. Postal Service, addressed as follows:
Reza Zandian
8775 Costa Verde Blvd.
San Diego, CA 82122
Dated: May 15, 2012
______________________
Carla Ousby
-5-