Judge Christopher K. Lui, Case Number: 24STLC03121, Date: 2024-12-19 Tentative Ruling

The hearing on Plaintiff’s motion for leave to file a Second Amended Complaint is CONTINUED to January 21, 2024 at 8:30 a.m. Plaintiff served this motion upon Defendant in pro per by electronic service only. “Unrepresented persons are exempt from any mandatory electronic filing imposed pursuant to this subdivision.” (Civ. Proc. Code § 1010.6(f)(2).)

Plaintiff is to serve Defendant in pro per by appropriate means such as mail or personal service.

On the other hand, Defendant must retain counsel, as an entity may not function as a self-represented litigant, as EMC Development Solutions appears to be doing here (unless this is a fictitious business name used by Erick Chung, who signed its case management statement [1]). An order to show cause re: retention of counsel is also set for January 21, 2024 at 8:30 a.m. EMC Development Solutions is to retain counsel by that date, or show cause why EMC may represent itself.

[1]

The designation of "DBA" or "doing business as" simply indicates Pinkerton's, Inc., operates under a fictitious business name. (See Bus. & Prof. Code, § 17900 et seq. [regulating fictitious business names].) Use of a fictitious business name does not create a separate legal entity. As the First District Court of Appeal recently noted, " '[t]he designation [DBA] means "doing business as" but is merely descriptive of the person or corporation who does business under some other name. Doing business under another name does not create an entity distinct from the person operating the business.' [Citation.] The business name is a fiction, and so too is any implication that the business is a legal entity separate from its owner." (Citations omitted.)

(Pinkerton's, Inc. v. Superior Court (1996) 49 Cal.App.4th 1342, 1348.)