Judge: Loren G. Freestone, Case: 37-2022-00043297-CU-BC-CTL, Date: 2023-12-21 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 20, 2023

12/21/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2022-00043297-CU-BC-CTL CALIFORNIA CLUB MEDS INC VS COMMERCIAL-DIAMOND LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Defendant Commercial-Diamond LLC's demurrer to Plaintiff California Club Meds Inc.'s complaint is CONTINUED. California Club Meds is ORDERED TO SHOW CAUSE why the complaint should not be stricken and why the case should not be dismissed without prejudice due to its lack of counsel.

The court may, at any time in its discretion, strike '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.' (Code Civ. Proc., § 436, subd. (b).) With limited exception, a corporation cannot represent itself in litigation. (See generally Merco Constr.

Engineers Inc. v. Municipal Court (1978) 21 Cal.3d 724.) As such, a complaint filed by a self-represented corporation may be stricken. (See CLD Construction Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145–1146.) The same rule inures when a complaint is initially filed by an attorney on behalf of a corporation, but the attorney later withdraws. 'The effect of the withdrawal is to leave the corporation without representation and without the ability to practice-self-representation. For the uncooperative corporate client who has not been willing to bring in new counsel, granting of the withdrawal motion will put extreme pressure on it to obtain new counsel of record for should it fail to do so it risks forfeiture of its rights through non-representation.' (Thomas G. Ferruzzo, Inc. v. Superior Court (1980) 104 Cal.App.3d 501, 503–504.) Courts have 'authority to dismiss an action if an unrepresented corporation does not obtain counsel within reasonable time.' (CLD Construction, supra, 120 Cal.App.4th at p. 1150.) The complaint in this case was filed by counsel. However, counsel was relieved effective November 13, 2023. (ROA #50–52.) The parties had previously stipulated to continue the demurrer until after the motion to be relieved was heard to allow California Club Meds an opportunity to retain new counsel.

(ROA #38.) New counsel has still not substituted into the case.

Accordingly, the court sets an OSC: why the complaint should not be stricken and why the case should not be dismissed without prejudice for February 16, 2024 at 10:30am. Commercial-Diamond's demurrer is continued to the same date and time.

Commercial-Diamond is ordered to give notice of the OSC and the continued hearing on its demurrer.

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