Judge: Jon R. Takasugi, Case: 23STCV05790, Date: 2023-05-17 Tentative Ruling

Case Number: 23STCV05790    Hearing Date: May 17, 2023    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendant’s motion to strike is GRANTED, WITH 5 DAYS LEAVE TO AMEND.

On 3/14/2023, Plaintiff CIM/6611-6637 Hollywood, LLC (Plaintiff) filed an unlawful detainer action against M.D.F. International, Inc. (Defendant).

            Now, Defendant moves to strike Plaintiff’s Complaint.

Discussion

            Defendant argues that Plaintiff’s Complaint does not fulfill the requirements of CCP sections 446(a) and 1166(a)(1), given that the Complaint purports to be verified only by an “agent”, not an officer or member of the entity.

            CCP section 446(a) provides “When a corporation is a party, the verification may be made by any officer thereof.”

In H.G. Bittleson Law & Collection Agency v. Howard (1916) 172 Cal. 357, 361 the complaint was signed not by an officer of the corporation, but by the assignor who was better informed of the facts stated in the complaint than the corporation. (Id. at p. 361.) However, in this case it was permitted because the person verifying the complaint comported with Code Civ. Proc. § 446 in that it actually provided information explaining why the officer of the corporation could not sign it; it stated that the assignor was better informed of the facts of the plaintiff. (Id. at p. 359.) Finally, the court also found that because the Complaint itself did not contain any allegations “upon the information and belief of affiant, the verification is to be regarded as a positive affirmance of the truth of the allegations of the complaint.” (Id. at p. 359.)

Here, the verification is signed by a person claiming to be authorized but without any additional information explaining why another person is making the verification is place of the proper person.

Accordingly, the Court agrees that the verification should be stricken, with leave to amend, so that the Plaintiff can properly verify the complaint, by either providing verification by an officer, or providing additional facts to explain why an officer of the corporation could not sign it.

Based on the foregoing, Defendant’s motion to strike is granted, with 5 days leave to amend.

It is so ordered.

Dated:  May    , 2023

   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. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.