Judge: Douglas W. Stern, Case: 22STCV05758, Date: 2023-09-15 Tentative Ruling

Case Number: 22STCV05758    Hearing Date: October 13, 2023    Dept: 68

Motion to Strike Answers

Dong Youb Lee vs. Academy of Couture Art, Inc., et al., 22STCV05758

Background

            Plaintiff Dong Youb Lee (Plaintiff) filed this motion to strike the answers of Defendants Academy of Couture Art, Inc.; Hollywood World Entertainment Incorporated; and Global Entertainment Management, Inc., (Defendants) in their entirety. Plaintiff filed this motion pursuant to CCP §§ 435 and 436 on the grounds that Defendants are corporate entities that have not been represented by counsel since June 2, 2023, and corporate entities are not able to appear in this proceeding in pro per. Plaintiff has also moved for a court order entering default against Defendants if their answers are stricken.

            No opposition has been filed by Defendants.

Analysis

            CCP § 436 provides that “[t]he court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state…”

            California Business and Professions Code §6125 provides that “[n]o person shall practice law in California unless the person is an active licensee of the State Bar.” A corporation, unlike a natural person, cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1146.) A corporation must be represented by licensed counsel in proceedings before courts of record. (Id.) If the corporate agent who would likely appear on behalf of the corporation in court proceedings, e.g., an officer or director, is not an attorney, that person would be engaged in the unlicensed practice of law. (Id.)

            Defendants are not currently represented by counsel. They cannot represent themselves in pro per, as that would constitute the unauthorized practice of law. Because these corporate Defendants cannot represent themselves, their answers are stricken pursuant to CCP § 436.

            Further, lack of an answer may lead to a judgment upon answer or default for want of an answer. (Hearst v. Hart (1900) 128 Cal. 327, 328.) Because the Court has stricken Defendants’ answers, the Defendants are subject to an entry of default against them. The Court enters default against Defendants.

Order

1.      Plaintiff’s motion to strike the answers of Defendants Academy of Couture Art, Inc.; Hollywood World Entertainment Incorporated; and Global Entertainment Management, Inc., is granted.

2.      Default is entered against Defendants Academy of Couture Art, Inc.; Hollywood World Entertainment Incorporated; and Global Entertainment Management, Inc.