Judge: Olivia Rosales, Case: 22NWCV00049, Date: 2022-10-12 Tentative Ruling

DEPARTMENT SE-C LAW & MOTION PROCEDURES ARE AS FOLLOWS: APPEARANCES: The Court will hear oral arguments on all matters at the scheduled time of hearing. If all counsel intend to submit on the Tentative Order and do not want oral argument, please advise the clerk, in Department “C”, by calling (562-345-3702). If all sides submit on the Tentative Order and the clerk is so advised, the Tentative Order will become the final order of the court and the prevailing party shall give written Notice of Ruling per CRC 3.1312. If the Moving and Responding parties do not agree to submit on the Tentative Order, the motion will be called as calendared for hearing. There is no need to contact Department “C”, as the matter will remain on calendar for hearing. If the Moving party does not call Department “C” to submit on the Tentative Order and there is no appearance by any party, then the motion(s), at the Court’s discretion, may be taken off calendar without ruling on the motion(s). ORDERS: The minute order reflecting the Court’s Order will constitute the final Order. No additional orders should be submitted to the Court for signature unless required by law or by the Court. Prevailing party shall give written Notice of Ruling per CRC 3.1312. Minute orders, which constitute the final Order of the Court, will only be sent to the parties via U.S. mail  for the following: OSC re: sanctions, OSC re: contempt or matters taken under submission after oral arguments or briefing. Counsel or parties may request copies of all other minute orders/final orders either at the clerk’s office or in writing. If a request is in writing, a self-addressed stamped envelope and the appropriate fee for copies shall be submitted.

Case Number: 22NWCV00049    Hearing Date: October 12, 2022    Dept: SEC

LOPEZ v. PARK

CASE NO.:  22NWCV00049

HEARING:  10/12/22

ADD ON 1

TENTATIVE ORDER

Non-Party CHUL HWAN CHOI’s Motion to Substitute Defendant Chul Hwan Choi for Three G Trading, Inc. is DENIED.

Court Clerk to give Notice.

Non-Party CHUL HWAN CHOI (pro per) (“Choi”) seeks leave to substitute himself into this lawsuit in place of entity-Defendant THREE G TRADING, INC.  In the Declaration attached to the subject Motion, Choi indicates that he is the CEO and sole shareholder of Three G Trading, Inc., and is essentially invoking the doctrine of alter ego to insert himself, as an individual, into this lawsuit.

The Motion is DENIED.

First, Choi fails to provide any legal basis for the order requested. The Court cannot dismiss a named defendant and then substitute another non-party in its place.

Second, Three G, Inc. is an unrepresented corporate defendant. Choi is not Three G, Inc.’s attorney, and does not appear to be an attorney at all. Under “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. [Citations.]” (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) Choi cannot represent Three G Trading, Inc. in these proceedings. Therefore, the Defendant Corporation must either bring in substitute counsel or forfeit its rights.