Judge: Lee W. Tsao, Case: 22NWCV01591, Date: 2023-11-15 Tentative Ruling

Case Number: 22NWCV01591    Hearing Date: November 15, 2023    Dept: C

AimPacific Services v. woody & lamy floor

CASE NO.:  22NWCV01591

HEARING:  11/15/23 @ 9:30 AM

#3

Plaintiff’s Motion to Strike Defendant’s Answer is GRANTED.  Defendant to answer, through counsel, within 30 days. 

Moving Party to give NOTICE.

Plaintiff Aimpacific Services, Inc. (Plaintiff) moves for an order striking Defendant Woody & Lamy Floor, Inc.’s (Defendant) answer on the grounds that Defendant cannot represent itself and file an answer as a corporation.

“The court may, upon a motion made pursuant to Section 435, or at any time in its discretion...Strike out all or any part of any pleading...” (CCP § 436.)

Plaintiff filed a Form Complaint alleging common counts for an open book account for the sum of $39,046.28. Defendant filed an answer without an attorney and is currently self-represented. “[A] corporation cannot represent itself in court, either in propria persona or through an officer or agent who is not an attorney.” (Merco Construction Engineers Inc. v. Municipal Court (1978) 21 Cal.3d 724, 731.) Thus, Plaintiff’s Motion to Strike is GRANTED and Defendant’s improperly filed answer in its entirety is STRUCK.