Judge Lee W. Tsao, Case Number: 22NWCV01677, Date: 2023-12-20 Tentative Ruling

Judge: Lee W. Tsao, Case: 22NWCV01677, Date: 2023-12-20 Tentative Ruling

Case Number: 22NWCV01677 Hearing Date: December 20, 2023 Dept: C

Creditors adjustment bureau v. woody & lamy floor

CASE NO.: 22NWCV01677

HEARING: 12/20/23 @ 9:30 a.m.

Defendant Woody& Lamy Floor, Inc.’s Motion to Set Aside Default and Default Judgment is DENIED without prejudice.

Moving Party to give NOTICE.

Defendant Woody & Lamy Floor, Inc. (Defendant) moves for relief from default judgment pursuant to CCP § 473(b).

Background

This is a breach of contract claim between Changzhou Kaisheng New Material Co. Ltd. (Changzhou) and Defendant. Changzhou assigned its rights to collect the account to Plaintiff Creditors Adjustment Bureau, Inc. (Plaintiff).

Legal Standard

“The rule is clear in this state that, with the sole exception of small claims court, a corporation cannot act in propria persona in a California state court.” Thomas G. Ferruzzo, Inc. v. Superior Court (1980) 104 Cal.App.3d 501, 503.)

Discussion

Here, Defendant filed its Motion to Vacate Entry of Default on September 27, 2023. On October 25, 2023, it filed a substitution of attorney removing its attorney of record Jisoo Hwang as counsel. Defendant has not retained counsel as of the date of this hearing. Defendant is a corporation and, thus, cannot act in propria persona in this Court.

Accordingly, Defendant’s Motion to Set Aside Default and Default Judgment is DENIED without prejudice to Defendant to refile after new counsel is obtained.