Judge: Kevin C. Brazile, Case: 23STCV05276, Date: 2024-04-12 Tentative Ruling

Hearing Date: April 17, 2024

Case Name: Valladares v. Black Exclusive Security, Inc., et al.

Case No.: 22STCV39038

Matter: Motion to Strike 

Moving Party: Plaintiff Massamilano Valladares 

Responding Party: Unopposed

Notice: OK

Ruling: The Motion to Strike is granted in part, with 30 days leave to amend.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

Plaintiff Massamilano Valladares seeks to strike the Answer of Defendants Black Executive Security Inc. and George Flaviu Pop because they are unrepresented litigants.

Motions to strike are used to challenge defects in the pleadings not subject to demurrer.  Any party may move to strike the whole or any part of a pleading within the time allotted to respond to the pleading.  (Code Civ. Proc. § 435(b)(1).)  The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the Court is required to take judicial notice.  (Id. § 437(a).)  The Court may strike out any irrelevant, false, or improper matter inserted in any pleading, and strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.  (Id. § 436.)  An “irrelevant” matter includes any “demand for judgment requesting relief not supported by the allegations of the complaint or cross-complaint.”  (Id. § 431.10(b)(3), (c); see also Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1036-1042.)

The docket shows that Defendants have been unrepresented since October 2, 2023.

“[U]nder 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 Constr., Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141,1145.)

Because Black Executive Security Inc. cannot represent itself, its Answer is stricken.  The Court grants thirty days leave to amend such that Defendant can obtain counsel.  (CLD Constr., Inc., supra, 120 Cal.App.4th at p. 1149.)

On the other hand, there is no reason provided to justify striking the Answer of Defendant Pop, who can proceed in propria persona.  

Thus, the Motion to Strike is granted in part—only the Answer of Black Executive Security Inc. is stricken, with 30 days leave to amend.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.