Judge: Gregory Keosian, Case: 19STCV43159, Date: 2023-11-30 Tentative Ruling

Case Number: 19STCV43159    Hearing Date: November 30, 2023    Dept: 61

Plaintiff Manuel Parravicini’s Motion to Strike Defendant APAC Sale Group, Inc.’s Answer is DENIED. An OSC re: striking Defendant’s answer and entering default shall be set.

Plaintiff to give notice.

I.                MOTION TO STRIKE ANSWER

Plaintiff Manuel Parravicini (Plaintiff) moves to strike the answer of Defendant APAC Sale Group, Inc. (APAC) on the grounds that APAC on August 4, 2023, filed a substitution of attorney form indicating that it would proceed in propria persona, and has to date made no effort to obtain counsel for itself. (Motion at pp. 4–5.)

“Every court shall have the power to do all of the following: . . . (3) To provide for the orderly conduct of proceedings before it, or its officers,” and “To compel obedience to its judgments, orders, and process, and to the orders of a judge out of court, in an action or proceeding pending therein.” (Code Civ. Proc. § 128, subd. (a)(3), (4).)

Corporations generally may not represent themselves in legal proceedings outside of small claims court. (See Van Gundy v. Camelot Resorts, Inc. (1983) 152 Cal.App.3d Supp. 29, 31.) “[T]he court retains authority to dismiss an action if an unrepresented corporation does not obtain counsel within reasonable time.” (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1150.)

APAC filed a substitution of counsel on August 4, 2023, and it has arguably had a reasonable time in which to obtain counsel. However,“[i]t is the duty of the trial judge to advise the representative of the corporation of the necessity to be represented by an attorney.” (Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284 fn. 5.) As APAC has evidently had no prior judicial warning of the consequences of failing to retain counsel — i.e. striking its answer and entering its default — it is appropriate to grant it the opportunity to retain counsel pursuant to such a warning.

The motion is therefore DENIED. An Order to Show Cause re: the striking of Defendant APAC’s answer and the entry of default against it for failing to obtain counsel shall be set.