Judge Keri G. Katz, Case 37-2022-00037234-CU-BC-CTL 2023-12-01 Tentative Ruling

Judge: Keri G. Katz, Case: 37-2022-00037234-CU-BC-CTL, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 30, 2023

12/01/2023 08:25:00 AM C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Keri Katz

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Civil - Unlimited Breach of Contract/Warranty Demurrer / Motion to Strike 37-2022-00037234-CU-BC-CTL NATURAL DE MEXICO (ELSA MORALES) VS CRUZ CORTES [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants Jacobo Cruz Cortes and Martha Yesenia Roman's unopposed demurrer to complaint is SUSTAINED WITH LEAVE TO AMEND.

As pled Plaintiff 'Natural de Mexico (Elsa Morales)' is a corporation [Cplt. ¶ 3]. Court records show Plaintiff as 'self-represented.' Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094 explains, 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. (Merco Constr.

Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 727, 729 [147 Cal.Rptr. 631, 581 P.2d 636] (Merco); Vann v. Shilleh (1975) 54 Cal.App.3d 192, 199 [126 Cal.Rptr. 401]; Paradise v. Nowlin (1948) 86 Cal.App.2d 897, 898 [195 P.2d 867] (Paradise); see also Van Gundy v. Camelot Resorts, Inc. (1983) 152 Cal.App.3d Supp. 29, 31 [199 Cal.Rptr. 771].) Caressa Camille, 99 Cal.App.4th 1101. Thus, absent representation by an attorney, Plaintiff cannot pursue this case.

As this is the first pleading challenge, the court allows Plaintiff 30 days leave to retain counsel and for such counsel to file an amended complaint on behalf of Plaintiff.

Defendants also raise issues as to Plaintiff's corporate status and refer to Defendants' exhibits A and B.

However, such exhibits are not attached to Defendants' moving papers. Moreover, such evidence is not properly before the court, even if included with Defendants' moving papers. As such, the court does not reach these issues at this time.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

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