Judge: Richard S. Whitney, Case: 37-2019-00015016-CU-BT-CTL, Date: 2023-08-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 17, 2023

08/18/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2019-00015016-CU-BT-CTL BIRD RIDES INC VS TALON AUTO ADJUSTERS [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANTS AND CROSS-COMPLAINANTS' MOTION TO DISMISS ON GROUNDS OF UNCLEAN HANDS is DENIED.

This motion is apparently brought by: In Pro Per Defendants and Cross-Complainants, TALON AUTO, INC. (erroneously sued as 'Talon Auto Adjusters'); JOHN HEINKEL: SCOOTER REMOVAL LLC; DANIEL BORELLI, individually, and dba BOARDWALK ELECTRIC RIDES (erroneously sued as 'Boardwalk Electric Rides Pacific Beach/Boardwalk Rides Boardwalk Electric') The Court will hereinafter refer to moving parties as 'Defendants.' '[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.) The Court's system shows Talon Auto Inc. and Scooter Removal LLC as being represented by counsel, but the motion does not indicate that an attorney of record filed the motion. The in pro per individual defendants may not file motions on behalf of the LLC and company. The motion is nonetheless denied on the merits.

Defendants assert Plaintiff BIRD RIDES, INC. ('Plaintiff') has engaged in unclean hands by intimidating/threatening Defendants' expert and contacting clients of Defendants using information obtained via discovery. This motion to dismiss will be treated as a motion for summary judgment.

(McKinney v. County of Santa Clara (1980) 110 Cal.App.3d 787, 793.) To support an affirmative defense of unclean hands the defendant must show '(1) analogous case law, (2) the nature of the misconduct, and (3) the relationship of the misconduct to the claimed injuries.' (Kendall-Jackson Winery, Ltd. v. Superior Court (1999) 76 Cal.App.4th 970, 979.) 'Any conduct that violates conscience, or good faith, or other equitable standards of conduct is sufficient cause to invoke the doctrine.' (Id. at 979.) 'The misconduct 'must relate directly to the transaction concerning which the complaint is made, i.e., it must pertain to the very subject matter involved and affect the equitable relations between the litigants.'' (Id.) Beyond sustaining Plaintiff's objections to Defendant's evidence, the Court finds Plaintiff raises issues of fact as to whether its employee Maggie Hoffman was intimidating or impliedly threatening Defendant's expert, Janet Rogers. (See Decl. Hoffman.) As for the cease-and-desist letters to clients of Defendants, Calendar No.: Event ID:  TENTATIVE RULINGS

2996468  56 CASE NUMBER: CASE TITLE:  BIRD RIDES INC VS TALON AUTO ADJUSTERS [IMAGED]  37-2019-00015016-CU-BT-CTL the Court finds Defendants have failed to show Plaintiff misrepresented facts or law to the clients of Defendants. The letter states Plaintiff 'believes' the actions of Defendants violate California Vehicle Code section 22658 and are tantamount to theft. The letter provides analysis as to why Plaintiff believes Defendants' actions are not authorized. Defendants fail to provide any explanation as to how the letter is factually incorrect or misrepresents the law. While the letter attached to Dan Borelli's declaration is aggressive, the Court cannot conclude there are no questions of fact that the letter, along with any other admissible evidence, demonstrates Plaintiff's actions violate the conscience or good faith. The motion is denied.

Plaintiff's Objections to Evidence: Objections 1, 3, 7-9: overruled Objections 2, 4-6: sustained Calendar No.: Event ID:  TENTATIVE RULINGS

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