Judge: Mark E. Windham, Case: 20STLC05480, Date: 2023-03-09 Tentative Ruling

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Case Number: 20STLC05480    Hearing Date: March 9, 2023    Dept: 26

Bryant v. Salar Investments, LLC, et al.

MOTION TO VACATE JUDGMENT

TENTATIVE RULING:

 

Defendant Salar Investments, LLC’s Motion to Vacate Judgment is CONTINUED TO JUNE 5, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY MAY 22, 2023, DEFENDANT SALAR INVESTMENTS, LLC IS TO FILE A SUPPLEMENTAL MOTION TO VACATE JUDGMENT CORRECTING THE DEFECTS NOTED HEREIN.

 

ORDER TO SHOW CAUSE REGARDING DEFENDANT SALAR INVESTMENTS, LLC’S LEGAL REPRESENTATION IS SET FOR MAY 22, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

 

 

 

 

 

ANALYSIS:

 

Plaintiff Ronnie Bryant (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendant Salar Investments, LLC (“Defendant”) on June 30, 2020. Following Defendant’s failure to file a responsive pleading, the Court entered its default on August 17, 2020 and default judgment on August 27, 2020.

 

Defendant filed the instant Motion to Vacate Judgment on January 30, 2023. No opposition has been filed to date.

 

Discussion

 

The Motion involves procedural defects that must be corrected before it can be heard on the merits.

 

First, the Motion was filed by Defendant, a corporation, in properia persona through its agent for service of process. (Motion, p. 1.) However, it is black letter law that a corporation cannot represent itself in court. (Clean Air Transport Systems v. San Mateo County Transit Dist. (1988) 198 Cal.App.3d 576, 578 (citing Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729-730).) This rule applies to all entities regarded as separate from their owners, including partnerships and unincorporated associations. (See Clean Air Transport Systems, supra, 19 Cal.App.3d at 578.) Defendant filed the instant Motion without proper legal representation, and it must appear through an attorney going forward.

 

Second, the Motion is not accompanied by a memorandum of points and authorities, as required by the California Rules of Court. Instead, the Motion offers factual argument regarding Defendant’s lack of notice of the lawsuit. (Motion, pp. 1-3.) The Rules require that a memorandum of points and authorities include “a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113(b).) Facts alone, without reference to the supporting statutes, cases, and law, cannot provide a basis to vacate the judgment.

 

Finally, the Motion is not supported by admissible evidence such as a properly verified declaration as set forth in Code of Civil Procedure section 2015.5 and authenticated exhibits as set forth in Evidence Code sections 1410 et seq.

 

Conclusion

 

Based on the foregoing, Defendant Salar Investments, LLC’s Motion to Vacate Judgment is CONTINUED TO JUNE 5, 2023 AT 10:00 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY MAY 22, 2023, DEFENDANT SALAR INVESTMENTS, LLC IS TO FILE A SUPPLEMENTAL MOTION TO VACATE JUDGMENT CORRECTING THE DEFECTS NOTED HEREIN.

 

ORDER TO SHOW CAUSE REGARDING DEFENDANT SALAR INVESTMENTS, LLC’S LEGAL REPRESENTATION IS SET FOR MAY 22, 2023 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

 

 

Court clerk to give notice.