Judge: Christopher K. Lui, Case: 22STCV32874, Date: 2023-03-22 Tentative Ruling

Case Number: 22STCV32874    Hearing Date: March 22, 2023    Dept: 76

Pursuant to California Rule of Court 3.1308(a)(1), the Court does not desire oral argument on the motion addressed herein.  As required by Rule 3.1308(a)(2), any party seeking oral argument must notify ALL OTHER PARTIES and the staff of Department 76 of their intent to appear and argue.  Notice to Department 76 may be sent by email to smcdept76@lacourt.org or telephonically at 213-830-0776.  If notice of intention to appear is not given and the parties do not appear, the Court will adopt the tentative ruling as the final ruling.

            Plaintiff alleges that Defendants have breached a Bilateral Support Agreement in various ways.

Plaintiff moves to strike the Answers filed by Defendants Home Preservation and Prevention, Inc. and Unifi Realty & Lending.

TENTATIVE RULING

            There is no proof of service indicating that Defendants were given notice of the advancement of the hearing date from July 11, 2023 to this date.

            Nonetheless, on its own motion, the Court orders the Answers filed by Defendants Home Preservation and Prevention, Inc. and Unifi Realty & Lending stricken. They were filed by the entities in pro per, but an entity cannot represent itself in pro per.

            “Since the passage of the State Bar Act in 1927, it has been well settled that persons may represent their own interests in legal proceedings but may not " ' "practice law [for another] in this State unless [they are] active member[s] of the state bar." ' " (Citations omitted.)” (Drake v. Superior Court (1994) 21 Cal.App.4th 1826, 1830.)  Moreover,  “ ‘A corporation cannot represent itself in court, either in propria persona or through an officer or agent who is not an attorney.’ (Citations omitted.)”  (Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729.)

            The Court sets an OSC re: retention of counsel for May 22, 2023 at 8:30 a.m. If Defendants have not retained counsel by that date, Plaintiff may seek entry of their default.