Judge: Robert B. Broadbelt, Case: 19STCV13450, Date: 2024-12-11 Tentative Ruling
Tentative rulings are sometimes, but not always, posted. The purpose of posting a tentative ruling is to to help focus the argument. The posting of a tentative ruling is not an invitation for the filing of additional papers shortly before the hearing.
Case Number: 19STCV13450 Hearing Date: December 11, 2024 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
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December
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[tentative]
Order RE: order to show cause re why the answer of
orange trim, inc. should not be stricken because it is a corporation that is
not represented by counsel |
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Order to Show Cause re why the Answer of Orange Trim, Inc. Should not
be Stricken Because it is a Corporation That is not Represented by Counsel
On November 19, 2024, the
court issued a minute order in this action (1) noting that a Substitution of
Attorney – Civil form was filed by defendant Orange Trim, Inc. (“Defendant”),
in which Defendant stated that it was substituting in to represent itself in
this action in place of attorney Haewon Kim, and (2) setting an Order to Show
Cause re why Defendant’s answer should not be stricken because it is a
corporation that is not represented by counsel for hearing on December 11, 2024,
at 8:30 a.m. (Nov. 19, 2024 Minute
Order, p. 1; Nov. 14, 2024 MC-050, ¶¶ 1-2.)
The court further ordered that any response to the Order to Show Cause
shall be filed on or before December 4, 2024.
(Nov. 19, 2024 Minute Order, p. 1.)
The clerk mailed a copy of the court’s November 19, 2024 minute order to
Defendant, its former counsel, and counsel for plaintiff Ivan Mendoza on
November 19, 2024. (Nov. 19, 2024 Cert.
of Mailing, p. 1 [listing service on Defendant at 3755 Broadway Place, Los
Angeles, CA 90007]; Nov. 14, 2024 MC-050, ¶ 2 [listing address to be 3755
Broadway Place, Los Angeles, 90007].)
“[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.)¿¿
Defendant is a corporation.
(Nov. 14, 2024 MC-050, p. 1 [identifying Defendant to be Orange Trim
Inc.].) Thus, Defendant is required to
be represented by counsel in this action and cannot represent itself through
one of its officers or directors (i.e., Soon Pill Kim a/k/a Steve Kim). (CLD Construction, Inc., supra,
120 Cal.App.4th at p. 1145.) However, as
set forth above, Defendant filed a
Substitution of Attorney – Civil form on November 14, 2024, stating that it was
substituting in to represent itself in this action through Soon Pill Kim a/k/a
Steve Kim. (Nov. 14, 2024 MC-050, ¶¶
1-2.) Defendant has not (1) filed
another Substitution of Attorney – Civil form stating that it is now
represented by counsel, or (2) filed a response to the Order to Show Cause or
other evidence with the court establishing that it has since retained
counsel.
Thus, the court finds that
Defendant is improperly representing itself in propria persona. The court therefore orders that Defendant’s
answer to plaintiff Ivan Mendoza’s Second Amended Complaint is stricken. (CLD Construction, Inc., supra,
120 Cal.App.4th at p. 1145; Code Civ. Proc., § 436, subd. (b) [the court may,
at any time in its discretion, strike any pleading “not drawn or filed in
conformity with the laws of this state”].)
ORDER
The court orders that the “Answer of
Defendants to Plaintiff’s Second Amended Complaint,” filed by defendant Orange
Trim, Inc. on January 17, 2023, is stricken.
(Code Civ. Proc., § 436, subd. (b).)
The court orders plaintiff Ivan
Mendoza to file a Request for Entry of Default (Judicial Council form CIV-100)
as to defendant Orange Trim, Inc. no later than 10 days from the date of this
order.
The court orders that the final
status conference and trial, both set for December 11, 2024, are vacated.
The court sets an Order to Show
Cause re entry of default and default judgment for hearing on February 21,
2025, at 8:30 a.m., in Department 53.
The court orders plaintiff Ivan
Mendoza to file default judgment documents required by California Rules of
Court, rule 3.1800 (including a proposed judgment on JUD-100) no later than
February 7, 2025.
The court orders plaintiff Ivan Mendoza to give notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court