Judge: Cherol J. Nellon, Case: 23STCV26437, Date: 2023-12-21 Tentative Ruling
Case Number: 23STCV26437 Hearing Date: December 21, 2023 Dept: 14
Santee Collection LLC v. Hernandez, et al
Case Background
Unlawful detainer.
On October 26, 2023 Plaintiff filed their form Complaint for Unlawful Detainer against Defendants Carlos Hernandez dba Issoria LLC (“Hernandez”) and DOES 1-10.
No trial date has yet been set.
Instant Motion
Defendant Hernandez now moves this court for an order striking the Plaintiff’s complaint.
Decision
The motion is GRANTED, with 20 days leave to amend.
Discussion
The form Complaint is filled out as though this is a residential unlawful detainer. However, the attached lease is a standard form contract for use in a commercial setting. This would be a mere curiosity if not for the fact that the parties to the lease are both Limited Liability Companies. While Defendant Hernandez signed the lease on behalf of the party identified as “Issoria LLC,” that does not make him a party to the lease.
Defendant Hernandez is identified in the complaint as “Carlos Hernandez dba Issoria LLC.” But the “dba” designation signifies nothing more than a trade name registered with the relevant county agency and lacking independent legal significance. By contrast, Limited Liability Companies are separate entities which do have independent legal existence and must be sued separately.
By all appearances, the proper defendant here is Issoria LLC, not Carlos Hernandez. If it is Plaintiff’s position that Mr. Hernandez is personally occupying the property due to some relationship with Issoria LLC, and should be dispossessed due to the termination of the lease with Issoria LLC, then that must be alleged in the complaint. Either way, the complaint must be revised.
Conclusion
It appears from the lease attached to the complaint that Defendant Hernandez is not a proper party to this case. The proper party, Issoria LLC, has not been sued. Therefore, the motion is GRANTED, with 20 days leave to amend.