Judge: Maurice A. Leiter, Case: 23STCV10525, Date: 2023-10-18 Tentative Ruling

Case Number: 23STCV10525    Hearing Date: March 27, 2024    Dept: 54

Hearing Date: March 27, 2024

Department 54, Judge Maurice Leiter

Motion to Strike Defendant Sondors Electric Bike Company’s Answer to the Complaint and Enter Default

Moving Party: Plaintiff Sellers Hub Inc. (“Plaintiff”) 

Responding Party: Unopposed

T/R:    PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S ANSWER TO THE COMPLAINT 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 was filed. 

BACKGROUND

            This action arises from the alleged breach of an agreement to provide recruiting, employee placement, and staffing services. On May 10, 2023, Plaintiff Sellers Hub Inc. sued Defendant Sondors Electric Bike Company aka Sondors, Inc. aka Sonders Premium Electric Bikes, alleging causes of action for: (1) breach of written contract; (2) common count: reasonable value of services rendered [quantum meruit]; (3) common count: open book account; and (4) common count: account stated.

            On June 30, 2023, Defendant filed and served its Answer.

            On October 18, 2023, the Court granted Defendant’s counsel’s motion to be relieved.  Defendant has not retained new counsel.

ANALYSIS

CCP § 436(a) allows a court to “[s]trike out any irrelevant, false, or improper matter inserted in any pleading. CCP § 436(b) allows a court to “[s]trike 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.” “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).)

“[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.) Code of Civil Procedure “Section 585 authorizes a court to enter default against a defendant that does not answer a complaint.” (Schwab v. Rondel Homes, Inc. (1991) 53 Cal.3d 428, 431.)

Counsel for Defendant was relieved several months ago; Defendant has not retained new counsel, has not appeared in Court and has not shown any intent to defend this lawsuit.

The motion is GRANTED.