Judge: Matthew C. Braner, Case: 37-2023-00013127-CL-BC-CTL, Date: 2024-02-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 22, 2024

02/23/2024  09:00:00 AM  C-60 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Matthew C. Braner

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Civil - Limited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2023-00013127-CL-BC-CTL THE SHERWIN-WILLIAMS COMPANY VS RW LITTLE CO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff The Sherwin-Williams Company's unopposed motion to strike Defendant RW Little Co's answer to the complaint is GRANTED.

A court may strike our '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).) 'The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.' (Code Civ. Proc., § 437, subd. (a).) 'In California a corporation may not represent itself, except in a small claims proceeding. This prohibition stems from the notion a corporate representative who would likely appear on behalf of the corporation would be engaged in the unlicensed practice of law.' (Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284, fn. 5; see also Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 725, 729-31 [reaffirming the well-established rule that a 'corporation cannot represent itself in court, either in propria persona or through an officer or agent who is not an attorney.' (quoting Vann v. Shilleh (1975) 54 Cal.App.3d 192, 199)].) Here, Defendant is a California business entity and filed its answer 'self-represented.' (ROA #9.) The answer was electronically signed by 'Rw Little Co,' which is plainly neither an attorney nor even an individual. Defendant did not oppose the motion and did not produce any evidence that might indicate one of its principals is a licensed attorney. Consequently, Defendant's answer was not filed in conformity with the laws of this state and must be stricken.

Accordingly, Plaintiff's motion to strike is granted.

Defendant has 30 days from the date this order is entered to obtain counsel and file an answer to the complaint.

The minute order is the order of the court.

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