Judge: Michael T. Smyth, Case: 37-2023-00041819-CL-BC-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 30, 2024

05/31/2024  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Michael T. Smyth

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Civil - Limited  Breach of Contract/Warranty Demurrer / Motion to Strike 37-2023-00041819-CL-BC-CTL ARROWHEAD CENTRAL CREDIT UNION VS BLUE CITY COLLISION INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 02/20/2024

Plaintiff Arrowhead Central Credit Union's Motion for Order Striking Answer of Defendant Blue City Collision, Inc. is GRANTED with leave to amend to show representation by counsel. Any amended answer, showing representation by counsel, shall be filed within 20 days.

'[U]nder 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.) 'Where the defect raised by a motion to strike . . . is reasonably capable of cure, 'leave to amend is routinely and liberally granted to give the [party] a chance to cure the defect in question.'' (Id. at 1446.) '[T]he absence of legal representation at the threshold step of a lawsuit . . . rarely prejudices the opposing party. At such an early stage, denial of a motion to strike or granting leave to amend to show representation by counsel on such terms as the trial court deems just will not frustrate the rule's purpose of guarding against the unlicensed practice of law and preventing its attendant problems. To the extent the opposing party is burdened by having to bring a motion to strike the complaint of a corporation not represented by counsel, the court, as a condition for granting leave to amend, may order the corporation to pay the opposing party's expenses for bringing the motion.' (Id. at 1150.) Here, Defendant Blue City Collision, Inc. filed its Answer on November 29, 2023, without any attorney representation. That answer is improper. However, Plaintiff's declaration of meet and confer indicates that Defendant has communicated that it would remedy this defect. (ROA 16.) Although Defendant has so far failed to obtain representation, the court allows Defendant 20 days to cure that defect, subject to paying the reasonable attorneys' fees and costs Plaintiff incurred in filing its motion to strike.

To the extent necessary, the parties are encouraged to meet and confer regarding those fees and costs to resolve payment without further court intervention. If no agreement is possible, Plaintiff may bring a noticed motion to recover such fees and fees-on-fees. If no amended Answer is filed, Defendant is not liable for any expenses as a result of this order.

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