Judge: Jon R. Takasugi, Case: 21STCV20431, Date: 2024-11-25 Tentative Ruling

Case Number: 21STCV20431    Hearing Date: November 25, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion to strike Corporate Defendants’ answer to the TAC is GRANTED.

On 6/1/2021, Plaintiff Eian Beron, Jr. (Plaintiff) filed suit against Gas Media Group, LLA, Keaton Keller, and Oombrella Enterprises (collectively, Defendants). On 7/18/2023, Plaintiff filed a second amended complaint. On 9/20/2023, Plaintiff filed a third amended complaint (TAC) alleging: (1) breach of oral contract: breach of the implied covenant of good faith and fair dealing; (2) breach of implied-in-fact contract; (3) fraudulent concealment; and (4) breach of fiduciary duty.

            On 9/20/2024, Plaintiff moved to strike the answer of the unrepresented corporate Defendants Gas Media Group, LLC and Oombrella Enterprises (Corporate Defendants)

Discussion

            Plaintiff argues that the answers to the TAC must be struck because the Corporate Defendants have not been represented by counsel since 5/8/2024, and corporate defendants are unable to appear in this proceeding in pro per.

            It is established law that “under a long-standing common law rule of procedure, a corporation, unlike a natural person, cannot represent itself before courts of record in propia persona, nor can it represent itself through a corporate officer, director, or other employee who is not an attorney. It must be represented by licensed counsel in proceedings before the court of record.” (CDL Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.)

            Given Corporate Defendants’ lack of representation, the Court agrees their answers must be struck.

            Based on the foregoing, Plaintiff’s motion to strike Corporate Defendants’ answer to the TAC is granted. Plaintiff may seek the entry of default. 

It is so ordered.

Dated:  November    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.