Judge Cherol J. Nellon, Case Number: 23STCV01258, Date: 2023-10-26 Tentative Ruling

Judge: Cherol J. Nellon, Case: 23STCV01258, Date: 2023-10-26 Tentative Ruling

Case Number: 23STCV01258 Hearing Date: March 5, 2024 Dept: 14

KBS Holdco vs. S3D

Case Background

Plaintiff alleges that Defendants induced them to purchase real property based on the promise that Defendants would subsequently purchase it from them. Plaintiffs purchased the property, but Defendants failed to hold up their end of the deal.

On August 15, 2023, Plaintiff filed its First Amended Complaint for (1) Intentional Misrepresentation, (2) Fraudulent Concealment, (3) Negligent Misrepresentation, (4) Breach of Contract, (5) Breach of the Implied Covenant, (6) Indemnity, and (7) Unfair Competition against S3D Partners, LLC (“S3D”), Jayesh Kumar (“Jayesh”), Vimal Patel (“Patel”), Govind Kumar (“Govind”), Madhuben Kumar (“Madhuben”), Ketan Kumar (“Ketan”), and DOES 1-25.

The first, second, and third causes of action are asserted against Defendants S3D, Jayesh, and Patel, only.

On September 14, 2023, Defendants S3D, Jayesh, Patel, Madhuben, and Ketan filed their joint Answer.

No trial date has yet been set.

Instant Motion

Plaintiff now moves this court for an order striking the answer and entering the default of Defendant S3D.

Decision

The motion is GRANTED. The Answer as to Defendant S3D is STRICKEN, and the clerk is ordered to enter the default of Defendant S3D.

Corporate parties are required to have counsel to prosecute cases in California courts. CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4^th 1141. Defendant S3D has now been without counsel since October 30, 2023, and has shown no indication that it will obtain counsel. The appropriate remedy is the one sought – an order striking the Answer as to Defendant S3D and entering its default. See Urethane Foam Experts, Inc. v. Latimer (1995) 31 Cal.App.4^th 763, 766.