Judge: Lee W. Tsao, Case: 22NWCV01677, Date: 2023-05-09 Tentative Ruling

Case Number: 22NWCV01677    Hearing Date: May 9, 2023    Dept: C

CREDITORS ADJUSTMENT BUREAU v. WOODY & LAMY FLOOR, INC.

CASE NO.:  22NWCV01677

HEARING:  5/9/23 @ 9:30 AM

#2

TENTATIVE RULING

Plaintiff Creditors Adjustment Bureau’s unopposed motion to strike Answer is GRANTED. 

Moving Party to give NOTICE.

Plaintiff Creditors Adjustment Bureau moves to strike Defendant’s Answer pursuant to CCP § 436.

Plaintiff Creditors Adjustment Bureau alleges:  “Within four years preceding the commencement of this action, Defendants, and each of them, became indebted to Plaintiffs Assignor in the amount of Debt for a balance due on an open book account for goods sold and delivered and/or services rendered by Plaintiffs Assignor to Defendants at Defendants' request. Said Debt has not been paid although payment has been demanded, and said Debt is now due, owing and unpaid, together with interest thereon at the rate of ten percent (10%) per annum from the Due Date.”  (Complaint, ¶ 11.)  Based thereon, the Complaint asserts causes of action for:

1.      Open Book Account

2.      Account Stated

3.      Reasonable Value

“The Court may, upon motion made pursuant to Section 435, or at any time in its discretion and upon terms it deems proper: ... (b) Strike out all or any part of any pleading not drawn in conformity with the laws of this state, a court, or an order of the court.”  (CCP § 436.)

On January 18, 2023, Defendant Woody & Lamy Floor, Inc. filed an Answer to Plaintiff’s Complaint, as a “Party Without Attorney.”  A corporation is not able to represent itself either in propia persona or through an officer or agent who is not an attorney, except by statutory permission, in the small claims court.  (Merco Const. Engineers v. Municipal Court (1978) 21 Cal.3d 724, 739; Paradise v. Nowling (1948) 86 Cal.App.2d 897, 899-900.)

Accordingly, the motion is GRANTED.