Judge: Elaine W. Mandel, Case: 22SMCV00171, Date: 2023-11-02 Tentative Ruling

Case Number: 22SMCV00171    Hearing Date: November 2, 2023    Dept: P

Tentative Ruling

WW Westwood v. Westside Multispecialty Surgery Center, Case No. 22SMCV00171

Hearing Date November 2, 2023

Plaintiff W.W. Westwood L.P.’s Motion to Strike Answer (UNOPPOSED)

This case began as an unlawful detainer by a commercial property owner WW Westwood against tenant Westside Multispecialty. As possession is no longer at issue, the action converted to breach of lease. On July 17, 2023 the court granted counsel for defendant Westside’s motion to be relieved and ordered Westside to retain new counsel by August 16, 2023. As defendant Westside has not retained new counsel, plaintiff W.W. Westwood moves to strike the answer.

A corporation can only appear in an action through counsel; it cannot represent itself pro per. Merco Construction Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724. Westside remains unrepresented, in violation of the court’s order of over three months ago. See 7/17/2023 minute order; Villagomez declaration ¶¶7-8. As Westside is a corporation, it cannot appear in pro per, and the action cannot proceed while defendant Westside is unrepresented. Defendant’s failure to comply with the court’s order means the litigation cannot proceed. The terminating sanctions plaintiff seeks are appropriate, and defendant Westside does not oppose this motion.

The court will not award monetary sanctions, as plaintiff has not provided evidence explaining the basis of its request for $6,375, and the amount appears excessive. GRANTED. Defendant Westside’s answer is stricken.