Judge: Kerry Bensinger, Case: 23STCV07650, Date: 2024-09-05 Tentative Ruling

Case Number: 23STCV07650    Hearing Date: September 5, 2024    Dept: 31

Tentative Ruling

Judge Kerry Bensinger, Department 31

HEARING DATE:     September 5, 2024                             TRIAL DATE:  Not set

CASE:                         Kevin Ortiz, et al. v. PW Place LLC, et al.

CASE NO.:                 23STCV07650

MOTION TO STRIKE ANSWER

MOVING PARTY:               Plaintiffs Kevin Ortiz and Andrew Davis

RESPONDING PARTY:     No opposition

I.          BACKGROUND

            This is a landlord-tenant habitability case.  Plaintiffs Kevin Ortiz and Andrew Davis are neighbors in the building located at 4118 Palmwood Drive, Los Angeles, California 90008 (the “Property”).  The property is owned by PW Place LLC and is managed by PW Place LLC’s managing member Robert Franklin (“Franklin”) as the landlord of the Property.  Plaintiffs allege the Property is severely substandard and unsafe.  Rates and roaches infest the Property’s units, sewer leaks through the ceilings, and huge holes in walls and floors go unabated.   

On April 5, 2023, Plaintiffs commenced this action against Defendants PW Place LLC and Robert Franklin.  

On January 9, 2024, default was entered against PW Place LLC and Franklin.[1]

On March 29, 2024, while in default, PW Place LLC filed an Answer to the Complaint

            Plaintiffs now move to strike PW Place LLC’s Answer. 

            The motion is unopposed.

II.        DISCUSSION

            Plaintiffs are entitled to an order striking Defendant PW Place LLC’s Answer.  “[T]he entry of a default terminates a defendant's rights to take any further affirmative steps in the litigation until either its default is set aside or a default judgment is entered.”  (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385; see also Brooks v. Nelson (1928) 95 Cal.App. 144, 147-48 (stating the rule that a “defendant against whom a default has been entered is out of court, and is not entitled to take any further steps in the cause affecting plaintiff's right of action; he cannot thereafter, until such default is set aside in a proper proceeding, file pleadings or move for a new trial or demand notice of subsequent proceedings.”).) 

            Here, Defendant PW Place LLC was in default when it filed its Answer.  Accordingly, PW Place LLC was not entitled to take any further steps against Plaintiffs’ causes of action until first setting aside the default.

            The motion to strike is meritorious for the further reason that Defendant PW Place LLC, as a corporation, cannot appear in an action without counsel. “Under a long-standing common law rule of procedure, a corporation, unlike a natural person, cannot represent itself before courts of record in propria 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 courts of record.” (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.)¿ As a corporation, Defendant PW Place LLC may not appear in this action except through licensed counsel. 

III.        CONCLUSION

The motion to strike Defendant PW Place LLC’s Answer is GRANTED.  Defendant PW Place LLC’s Answer, filed on March 29, 2024, is stricken.  Plaintiffs may purse default proceedings against Defendant.

Moving party to give notice, unless waived. 

Dated:   September 5, 2024