Judge: Michael Small, Case: 22STCV20920, Date: 2025-04-23 Tentative Ruling

Inform the clerk if you submit on the tentative ruling. If moving and opposing parties submit, no appearance is necessary.

Case Number: 22STCV20920    Hearing Date: April 23, 2025    Dept: 57

The Court is striking the answer of Defendant Edwin Novel Jewelry Design, Inc. ("ENJD") and entering a default against it.  The Court is taking this action because ENJD is a self-represented corporation in this case and has been so since its counsel was relieved a month ago.  A corporation cannot represent itself in proceedings in this Court. It must appear through an attorney.  (Merco Construction Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 731.)  The Court gave ENJD an opportunity to retain new counsel.  It has not done so.  At this point, therefore, striking ENJD's answer and entering a default against it is appropriate.  (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1149-1150.)   The striking of ENJD's answer and the entry of a default against it renders moot four motions that Plaintiff Bonnie Maldonado ("Maldonado") filed that were directed at ENJD's failure to respond to various forms of discovery that Maldonado propounded on ENJD.

Also on the Court's calendar today are four other motions of Maldonado's that were directed at the failure of the second Defendant in this case, Edwin Novel  "Novel"), an individual whom Maldonado alleges is the principal of ENJD, to respond to various forms of discovery that Maldonado propounded on him.    These motions were unopposed by Novel.  The Court is granting each of them.  One motion seeks an order under Code of Civil Procedure Section 2033.280(c) deeming admitted matters contained in Requests for Admission ("RFAs") that Maldonado propounded on Novel.  The Court is granting that motion because Novel failed to provide Maldonado with any responses to the RFAs prior to the hearing on the motion.  Section 2033.280(c) compels that result.   The other three motions seek orders compelling Novel to respond to Requests for Production of Documents, Special Interrogatories, and Form Interrogatories without objections.  The Court is granting those three motions because Novel has failed to provide Maldonado with any responses to each of those types of discovery.  The Court is ordering Novel to provide responses without objection by June 9, 2025.  

In the notices of each of the four motions that Maldonado filed that were directed at Novel's failure to respond to discovery, Maldonado stated that she was moving for the imposiiton of monetary sanctions against Novel for that failure.  In none of the notices, however, did Maldonado state the amounts of the sanctions that she was seeking.  Nor was the issue of sanctions developed in the body of the motions.  And there were no declarations filed by Maldonado's counsel in support of any of the motions addressing the amount of the sanctions sought.  Under these circumstances, the Court is declining to impose sanctions against Novel.