Judge: John J. Kralik, Case: 22BBCV00297, Date: 2022-09-09 Tentative Ruling

Case Number: 22BBCV00297    Hearing Date: September 9, 2022    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations

Plaintiff Anthony Bouyer (“Plaintiff”) field a complaint against Defendant Kinyan Properties LLC (“Defendant”) for violations of the Unruh Civil Rights Act (Civil Code, § 51 et seq.).  Defendant is alleged to be the owner of property located at 11055 Ventura Blvd., Studio City, CA 91604, upon which the Whata Peach restaurant is located.

Plaintiff alleges that he went to the restaurant on April 25, 2022 as a customer and purchased items sold at the business, as well as an advocate for the civil rights of disabled persons to verify whether Defendant complied with the ADA and the UCRA.  Plaintiff alleges that he is substantially limited in walking, standing, moving about, sitting, and driving, and that he requires the use of leg braces for mobility stability, a walker or wheelchair for mobility, and hand control devices to drive his motor vehicle.  He alleges that the parking spaces designated for the business lacked any designated parking spaces available for persons with disabilities. 

B.     Relevant Background and Motion on Calendar

On July 5, 2022, the default of Defendant was entered. 

On July 15, 2022, Defendant, in pro per, filed a motion to set aside the default. 

DISCUSSION

            Defendant moves to vacate the default pursuant to CCP § 473.5, arguing that the services of the summons did not result in actual notice. 

            Defendant filed the motion “in pro per.”  The motion is signed by “Keyvan Moradian, In Pro Per,” but Mr. Moradian is not a party defendant to this action.  Defendant is alleged to be a limited liability company, which is confirmed by Defendant’s caption in its motion papers.     As Defendant is a limited liability company and not a natural person, it cannot represent itself in propria persona.  A corporate entity, it cannot represent itself in propria persona.  (See Rogers v. Municipal Court (1988) 197 Cal.App.3d 1314, 1318.) 

            As such, the motion filed by Defendant “in pro per” is improper.  Thus, the motion is denied. 

CONCLUSION AND ORDER

            Defendant Kinyan Properties LLC’s motion to vacate the default is denied without prejudice.  Defendant cannot represent itself in propria persona as it is a corporate entity.  Thus, Defendant should obtain the services of an attorney in order to represent it and re-file the motion pursuant to code if Defendant intends to challenge the default.

The Court will set an Order to Show Cause re Status of Representation of Defendant Kinyan Properties LLC for October 26, 2022 at 8:30 a.m.

The Case Management Conference set on September 27, 2022, is advanced to this date and continued to October 26, 2022, at 8:30 a.m.

Plaintiff shall provide notice of this order.