Judge: Holly J. Fujie, Case: 22STCV09671, Date: 2023-02-17 Tentative Ruling

Case Number: 22STCV09671    Hearing Date: February 17, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Plaintiff

            The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

            Plaintiff filed a complaint (the “Complaint”) on March 18, 2022 alleging: (1) breach of leases; (2) breach of guaranties; (3) claim and delivery; and (4) conversion.  Defendants collectively filed an answer (the “Answer”) on May 23, 2022.

On August 9, 2022, Defendant Goodland Global Farm Inc. (“Goodland”) became unrepresented when the Court granted its former attorney’s motion to be relieved as counsel.  Goodland has not since filed a Substitution of Attorney form.  On January 20, 2023, Plaintiff filed a motion to strike (the “Motion”) Goodland’s Answer on the basis that Goodland is unable to participate in this action since it is unrepresented by counsel. The Motion additionally requests that the Court enter Goodland’s default.

DISCUSSION

Meet and Confer

            The meet and confer requirement has been met.

Legal Standard

A motion to strike either: (1) strikes any irrelevant, false or improper matter inserted in any pleading; or (2) strikes any pleading or part thereof not drawn or filed in conformity with the laws of this state, a court rule or order of court.  (CCP § 436.) 

Representation of Corporations

In general, 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.)  After withdrawal of their attorneys, corporations must obtain substitute counsel, or risk forfeiting important rights due to nonrepresentation.  (Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284, n. 5.)  A corporation’s representation by an attorney is not an absolute prerequisite to the court’s fundamental power to hear or determine a case, and it is appropriate for the court to treat a corporation’s failure to be represented by an attorney as a defect that may be corrected, on such terms as are just in the sound discretion of the court.  (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1149.)  The Court retains authority to dismiss an action if an unrepresented corporation does not obtain counsel within reasonable time.  (Id. at 1150.)

            The Court notes that the case management conference to discuss the status of Goodland’s representation that was initially scheduled when the Court relieved Goodland’s former attorney has been continued to the date of this hearing.  The Court also observes that when the Answer was filed, Goodland was represented by counsel and the Answer was therefore not improperly filed.  Without knowing more information about the status of Goodland’s representation, the Court presently declines to take action to strike the Answer.

            The Court therefore DENIES the Motion without prejudice.

Moving party is ordered to give notice of this ruling. 

In consideration of the current COVID-19 pandemic situation, the Court¿strongly¿encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.¿¿If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to¿SMC_DEPT56@lacourt.org¿stating your intention to appear in person.¿ The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.¿ This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar. 

  Dated this 17th day of February 2023