Judge: Mark E. Windham, Case: 24STLC03021, Date: 2024-09-25 Tentative Ruling

Case Number: 24STLC03021    Hearing Date: September 25, 2024    Dept: 26

Shulman v. Andraos, et al.

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant John E. Andraos’ Demurrer to the Complaint is CONTINUED TO DECEMBER 4, 2024 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY NOVEMBER 12, 2024, DEFENDANT IS TO FILE AND SERVE A MEET AND CONFER DECLARATION IN ACCORDANCE WITH THE STATUTORY REQUIREMENTS. FAILURE TO DO SO MAY RESULT IN THE DEMURRER BEING PLACED OFF CALENDAR.

ORDER TO SHOW CAUSE REGARDING THE LEGAL REPRESENTATION OF MX3 GLASS & SURFACES, INC. IS SET FOR NOVEMBER 19, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff MX3 Glass & Surfaces, Inc. (“Plaintiff”), in propria persona, filed the instant action against Defendant John E. Andraos (“Defendant”) on April 25, 2024. Defendant filed the instant Demurrer to the Complaint on June 20, 2024. No opposition has been filed to date.

Discussion

The Demurrer must be accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. “Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer.” (Code Civ. Proc., § 430.41(a).) The parties are to meet and confer at least five days before the date the responsive pleading is due. (Code Civ. Proc., § 430.41(a)(2).) Thereafter, the demurring party shall file and serve a declaration detailing their meet and confer efforts. (Code Civ. Proc., § 430.41(a)(3).)

The Demurrer is not accompanied by any declaration, let alone a declaration evidencing a meet-and-confer effort. Since a meet-and-confer effort is a pre-condition to filing a demurrer, the Court will not rule on the merits of the Demurrer until the necessary declaration is filed.

That being said, the Court recognizes that the Complaint was improperly filed on behalf of a corporation, MX3 Glass & Surfaces, Inc., by a non-attorney, Mariano Shulman. 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.) Accordingly, the Court sets an order to show cause regarding the legal representation of MX3 Glass & Surfaces, Inc.

Conclusion

Therefore, Defendant John E. Andraos’ Demurrer to the Complaint is CONTINUED TO DECEMBER 4, 2024 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. BY NOVEMBER 12, 2024, DEFENDANT IS TO FILE AND SERVE A MEET AND CONFER DECLARATION IN ACCORDANCE WITH THE STATUTORY REQUIREMENTS. FAILURE TO DO SO MAY RESULT IN THE DEMURRER BEING PLACED OFF CALENDAR.

ORDER TO SHOW CAUSE REGARDING THE LEGAL REPRESENTATION OF MX3 GLASS & SURFACES, INC. IS SET FOR NOVEMBER 19, 2024 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.