Judge: Elaine W. Mandel, Case: 23SMCV02057, Date: 2023-11-09 Tentative Ruling

Case Number: 23SMCV02057    Hearing Date: November 9, 2023    Dept: P

Tentative Ruling

T.H. Community, LLC v. Romero et al., Case No. 23SMCV02057

Hearing Date November 9, 2023

Defendants Romero’s Demurrer/Motion to Strike Portions of Complaint (Unopposed)

Defendants demur to this unlawful detainer action, arguing plaintiff T.H. Community, LLC is suspended by the Franchise Tax Board for failure to pay corporate taxes so cannot prosecute this lawsuit. Plaintiff does not oppose.

A corporation with FTB suspended status cannot prosecute or defend a lawsuit until its status is restored. Center for Self-Improvement & Community Development v. Lennar Corp. (2009) 173 Cal.App.4th 1543, 1552.

The court takes judicial notice under Cal. Evid. Code §452 (h) that the California Secretary of State online record for T.H. Community, LLC states “Suspended -FTB” for failure to pay taxes. Plaintiff cannot prosecute this lawsuit until its status has been restored. SUSTAINED without leave to amend. The motion to strike is MOOT.