Judge: Kimberly Knill, Case: 30-2023-01325761-CU-PN-CJC, Date: 2023-08-18 Tentative Ruling

Plaintiff’s Motion to Deem Facts Admitted from Michael C. Jewett and into Action Consulting for Failure to Respond, and Request for Sanctions

Plaintiff’s motion to deem facts admitted from Michael C. Jewett and Into Action Consulting is DENIED without prejudice.

Plaintiff failed to file a proof of service of the motion.  (Code Civ. Proc., § 1005, subd. (b).)

Defendants are serving Plaintiff electronically, and there is no indication in the court file consent has been obtained. Consent for electronic service of a self-represented party is required.  (Cal. Rules of Court, rule 2.251(c)(3).)

On the court’s own motion, the court orders the Answer of defendant, Into Action Consulting, Inc. stricken. A corporation cannot be self-represented in litigation.  (A lawyer is required.  (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) 

If Into Action Consulting, Inc. wishes to avoid a default, it must obtain counsel and file an amended answer within 20 days. 

OSC re corporate counsel set for 9/14/2023 at 1:30 PM. 

Clerk to give notice