Judge: Gregory Keosian, Case: 23STCV18022, Date: 2024-04-03 Tentative Ruling

Case Number: 23STCV18022    Hearing Date: April 3, 2024    Dept: 61

Plaintiff Dominick Martin’s Motion to Strike the Answer of Defendant Congregation Ale House Holdings, Inc. is GRANTED with 30 days leave to amend .

Plaintiff to give notice.

I.                   MOTION TO STRIKE

Any party, within the time allowed to respond to a pleading, may serve and file a notice of motion to strike the whole or any part thereof. (Code Civ. Proc., § 435(b)(1)). The notice of motion to strike a portion of a pleading shall quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count or defense. (California Rules of Court Rule 3.1322.)

The grounds for a motion to strike shall appear on the face of the challenged pleading or form any matter of which the court is required to take judicial notice. (Code Civ. Proc., § 437(a)). The court then may strike out any irrelevant, false, or improper matter inserted in any pleading and strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (Code Civ. Proc., § 436.) When the defect which justifies striking a complaint is capable of cure, the court should allow leave to amend. (Perlman v. Municipal Court (1979) 99 Cal.App.3d 568, 575.)

Plaintiff Dominick Martin (Plaintiff) moves to strike the answer filed by Defendant Congregation Ale House Holdings, Inc. (Defendant) on the grounds that Defendant filed the answer in pro per, without representation of counsel, which it cannot do as a corporation in unlimited civil proceedings. (Motion at p. 3.)

Plaintiff is correct. “As a general rule, it is well-established in California that a corporation cannot represent itself in a court of record either in propria persona or through an officer or agent who is not an attorney.” (Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101.) A pleading filed by a self-represented corporation  is subject to strike. (See CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1150.)

The motion is therefore GRANTED, with leave granted to Defendant to file an amended answer through counsel.