Judge: Douglas W. Stern, Case: 23STCV01749, Date: 2023-11-02 Tentative Ruling

Case Number: 23STCV01749    Hearing Date: December 14, 2023    Dept: 68

D&O TradeCo Inc. vs. Gredale LLC, 23STCV01749

Motion to Strike Defendant Gredale LLC’s Answer to Complaint and Enter Default

Background

            Plaintiff D&O TradeCo Inc. (Plaintiff) has filed this motion to strike Defendant Gredale LLC’s Answer to Complaint and Enter Default because Defendant Gredale LLC (Defendant) is no longer represented by counsel. On November 3, 2023, the Court granted Defendant’s counsel’s motion to be relieved as counsel. Defendant is a corporation and cannot represent itself. The Court instructed Defendant in its order that Defendant should immediately seek legal advice regarding legal representation. Defendant had not retained new counsel as of the date of filing of this motion on November 13, and as of December 11, Defendant has still not retained new counsel.

            Plaintiff filed this motion pursuant to CCP §§ 435 and 436. No opposition has been filed to the motion.

Analysis

            CCP § 435 allows a party to file a motion to strike to a whole pleading or any part thereof. CCP § 436(b) allows a court to strike out all or any part of any pleading that is not drawn in conformity with the laws of the state.

            California law prohibits Defendant from representing itself in this action in propria persona. (See Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729-730 (a company cannot participate in litigation unless it is represented by a lawyer); Thomas G. Ferruzzo v. Superior Court (1980) 104 Cal.App.3d 501, 503 (“The rule is clear in this state that, with the sole exception of small claims court, a corporation cannot act in propria persona in a California state court.”).) California courts have stricken pleadings of corporations that are not represented by counsel. (See Paradise v. Nowlin (1948) 86 Cal.App.2d 897, 898.)

            Defendant is no longer represented by counsel. It is appropriate, pursuant to CCP § 436(b) and case law, to strike Defendant’s answer. In striking Defendant’s answer, default should be entered because Defendant no longer has a responsive pleading filed to Plaintiff’s complaint.

            The Court grants Plaintiff’s motion to strike Defendant’s answer and enter default.

Order

1.      Defendant’s answer is ORDERED STRICKEN.

2.      Default is entered against Defendant Gredale LLC.