Judge: Maurice A. Leiter, Case: 22STCV34964, Date: 2023-09-01 Tentative Ruling

Case Number: 22STCV34964    Hearing Date: February 20, 2024    Dept: 54

Hearing Date: February 20, 2024

Department 54, Judge Maurice A. Leiter

Motion to Strike Answer and Enter Default

Moving Party: Plaintiff ODG Builders, Inc.

Responding Party: None

T/R:      PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S ANSWER AND ENTER DEFAULT IS GRANTED.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

“Any party, within the time allowed to response to a pleading, may serve and file a notice of motion to strike the whole or any part" of that pleading. (CCP 435(b). “The Court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false or improper matter asserted in any pleading; (b) Strike out 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." (CCP 436.)

Plaintiff moves to strike Defendant SBBB, LLC’s answer on the grounds that it is an unrepresented entity. “A corporation has the capacity to bring a lawsuit because it has all the powers of a natural person in carrying out its business. (§ 17; Corp. Code, §§ 105, 207.) However, under a long-standing common law rule of procedure, a corporation, unlike a natural person, cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney. It must be represented by licensed counsel in proceedings before courts of record.” (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.)

On September 5, 2023, Defendant’s counsel was relieved via counsel’s motion. As of the date of this motion, Defendant has failed to retain counsel. Defendant has not opposed this motion to show it has counsel.

Plaintiff’s motion to strike Defendant’s answer and enter default is GRANTED.