Judge: Michael Shultz, Case: 24STCV07670, Date: 2024-12-12 Tentative Ruling

Case Number: 24STCV07670    Hearing Date: December 12, 2024    Dept: 40

24STCV07670 Brett Stettner, et al. v. Wesley Mitchell, et al.

[TENTATIVE] ORDER CONTINUING THE HEARING ON DEMURRER TO COMPLAINT AND MOTION TO STRIKE AND ORDER TO SHOW CAUSE RE: STRIKING THE COMPLAINT

       Plaintiff, Brett S. Stettner, a self-represented litigant, filed this action for declaratory and injunctive relief and for wrongful death on behalf of the Estate of Suzi G. Stettner and Estate of Tiffany N. Stettner in his capacity as executor and administrator of these respective estates.

       The complaint does not indicate that Mr. Stettner is an active licensee of the California State Bar, and therefore, cannot represent the Estate Plaintiffs in this action as doing so would constitute the unauthorized practice of law without a license. (Estate of Sanchez (2023) 95 Cal.App.5th 331, 339; Hansen v. Hansen (2003) 114 Cal.App.4th 618, 619 ["a conservator, executor, or personal representative of a decedent's estate who is unlicensed to practice law cannot appear in propria persona on behalf of the estate in matters outside the probate proceedings. When such a nonlawyer brings a nonprobate action in propria persona on behalf of the estate, the proper appellate remedy is to reverse with directions for the trial court to strike the complaint."].)

       Therefore, the Court sets an Order to Show Cause re: Striking the Complaint (see Cal. Code of Civ., Pro., § 436.) Plaintiff is  HEREBY ORDERED to appear before the above-entitled court in Department 40, located at 111 N. Hill St., Los Angeles, California, on March 13, 2024 at 8:30 a.m.  Plaintiff is ordered to respond to the OSC in writing, five [5] calendar days before the hearing. The hearing on demurrer and motion to strike are continued to the same date.