Judge: Marcella O. Mclaughlin, Case: 37-2023-00053948-CU-BC-CTL, Date: 2024-06-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - June 06, 2024

06/07/2024  09:00:00 AM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2023-00053948-CU-BC-CTL DAVIDSON VS FARRELL [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 03/27/2024

A. Plaintiff's unopposed motion to strike the answer of Defendant Artem Capital Partners, LLC is GRANTED with leave to amend.

The court deems the lack of opposition to the motion to be a concession as to the merits of the motion.

SDSC Local Rule 2.1.19(B). Moreover, as a limited liability company, defendant cannot appear in court in propria persona, nor can it represent itself through a corporate officer, director, or other employee who is not an attorney. See CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145; see also Rogers v. Municipal Court (1988) 197 Cal.App.3d 1314, 1318.

Accordingly, the court grants the motion with 30 days leave to amend for defendant to secure counsel.

See CLD Construction, 120 Cal.App.4th at 1149 ('[I]t is...appropriate and just to treat a corporation's failure to be represented by an attorney as a defect that may be corrected[.]'). If a substitution of attorney is not filed and served within the above time limit, plaintiff may appear ex parte at which time the court will strike the answer. See id. at 1150.

B. The court, on its own motion, continues the CMC set for today (ROA 15-16) to August 9, 2024 at 2:00 p.m. in Dept. 72.

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