Judge: Melvin D. Sandvig, Case: 22CHCV00756, Date: 2023-02-02 Tentative Ruling

Case Number: 22CHCV00756    Hearing Date: February 2, 2023    Dept: F47

Dept. F47

Date: 2/2/23

Case #22CHCV00756

DEMURRER TO THE FIRST AMENDED COMPLAINT

Demurrer filed on 11/29/23.

MOVING PARTY: Defendant All Money In No Money Out, LLC

RESPONDING PARTY: Plaintiff Aric Cho

NOTICE: ok

RULING:

On 11/29/22, Defendant All Money In No Money Out, LLC (Defendant) filed a demurrer to Plaintiff Aric Cho’s Amended Complaint.  The demurrer indicates that it is brought by “Defendant in Pro Per” and is signed by Mario Quintero as the CEO and owner of Defendant.  (See Demurrer, p.1:1-5, p.3:5-7, p.11:4-6; Quintero Decl. ¶1).

There is no indication that Mario Quintero is an attorney.  A limited liability company (LLC) such as Defendant is considered a separate legal entity and, therefore, must be represented in court by an attorney.  See Merco Construction Engineers, Inc. 21 C3d 724, 730; (Quintero Decl. ¶3, Ex.A).

If Defendant can present evidence that Mr. Quintero is an attorney, the hearing on the demurrer will be continued.  If not, the hearing will be placed off calendar.