Judge: Robert B. Broadbelt, Case: 23STCV23658, Date: 2024-08-05 Tentative Ruling

Case Number: 23STCV23658    Hearing Date: August 5, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Defendant Scale Talent Management, LLC  

RESPONDING PARTY:       Plaintiff U.S. Reif SIC 6300 Wilshire, LLC

Motion to Set Aside Default

The court considered the moving and opposition papers filed in connection with this motion.  No reply papers were filed.

DISCUSSION

Plaintiff U.S. Reif SIC 6300 Wilshire, LLC (“Plaintiff”) filed this action on September 28, 2023, alleging one cause of action for breach of contract against defendant Scale Talent Management, LLC (“Defendant”).

On November 17, 2023, while unrepresented by an attorney, Defendant filed an answer to the Complaint.  (Nov. 17, 2023 Answer, PLD-C-010.)  On January 29, 2024, the court issued a minute order setting an Order to Show Cause re: why Defendant’s answer should not be stricken because Defendant is a limited liability company and is not represented by an attorney in this action.  (Jan. 29, 2024 Minute Order, p. 1.)  Plaintiff served Defendant with a copy of the court’s minute order on February 5, 2024.  (Pl. Notice of Entry of Order filed Feb. 5, 2024, p. 5.)  

On April 15, 2024, the court issued a minute order ordering that Defendant’s answer was stricken because Defendant is a limited liability company unrepresented by an attorney in this action.  (April 15, 2024 Minute Order, p. 1.)  Defendant’s default was subsequently entered by the clerk on June 5, 2024.  (June 5, 2024 CIV-100, p. 1.)

Defendant filed the pending motion to set aside entry of default on June 20, 2024.  The court notes several defects with Defendant’s motion.

As a threshold matter, the court notes that Defendant has improperly filed this motion as a self-represented defendant.  (Mot., p. 1:4-5 [“Scale Talent Management, IN PRO PER”].)  However, Defendant is a limited liability company and is therefore required to be represented by an attorney in this action.  (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145 [“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”].)  

In addition, the court finds that Defendant has not shown that the court should set aside its default.

First, as noted by Plaintiff in its opposition, Defendant’s filing, although captioned as a “Motion to Set Aside Entry of Default,” does not appear to be a complete motion.  Specifically, Defendant has stated that it was providing “notice of [its] intent to file a motion to set aside the entry of Default . . . .”  (Def. Mot., pp. 1:26, 2:9-10 [emphasis added].)  Moreover, Defendant did not file a memorandum in support of the motion as required.  (Cal. Rules of Ct., rule 3.1112, subd. (a)(3).)

Second, even if the court were to construe Defendant’s filing to be a motion, Defendant did not present adequate argument, authority, or evidence establishing that the court should set aside its default.

Thus, for the reasons set forth above, the court denies Defendant’s motion.  

ORDER

            The court denies defendant Scale Talent Management, LLC’s motion to set aside entry of default.

            The court orders plaintiff US Reif SIC 6300 Wilshire, LLC to give notice of this ruling.

IT IS SO ORDERED.

DATED:  August 5, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court