Judge: Bruce G. Iwasaki, Case: 19STCV43425, Date: 2025-04-29 Tentative Ruling
Case Number: 19STCV43425 Hearing Date: April 29, 2025 Dept: 58
Hearing
Date: April 29, 2025
Case
Name: Lesser v. Lyn
Décor, Inc.
Case
No.: 19STCV43425
Matter: Motion to Set Aside Entry
of Default
Moving
Party: Defendant
Lyn Décor,
Inc.
Responding
Party: None
Tentative
Ruling: The Motion to Set Aside the
Entry of Default is denied.
Default was
entered against Defendant Lyn Décor, Inc. on November 7, 2024.
On March 19, 2025,
Defendant Nayrika Masjedi moved to set aside the
entry of default against Defendant Lyn Décor, Inc. No opposition was filed.
The motion to set
aside the entry of default is denied.
Discussion
No proof of
service was filed. “Proof of service of the moving papers must be filed no
later than five court days before the time appointed for the hearing.” (Cal.
Rules of Court, Rule 3.1300, subd. (c).) In the absence of a proof of service or
an opposition demonstrating service was effectuated, the motion must be denied.
Additionally, Defendant Nayrika Masjedi moves for relief on behalf
of Defendant Lyn Décor, Inc. A corporation can
only speak through its agents, and an agent speaking on its behalf in court is
engaged in the practice of law -- conduct that requires a license. (Merco
Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729 [“ ‘A
corporation cannot represent itself in court, either in propria persona or
through an officer or agent who is not an attorney’ “].) As a non-attorney, Defendant
Nayrika Masjedi cannot move on behalf of Defendant Lyn Décor, Inc. Therefore,
the motion before this court is not proper and must be denied on this ground,
as well.
Conclusion
The motion to set aside the default is
denied.