Judge: Serena R. Murillo, Case: 22STCV04265, Date: 2023-04-28 Tentative Ruling

Case Number: 22STCV04265    Hearing Date: April 28, 2023    Dept: 29

TENTATIVE

Plaintiff’s motion to strike is CONTINUED to May 30, 2023 at 1:30 p.m.

Legal Standard

Pursuant to Code of Civil Procedure, section 436, “the court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.”  The grounds for a motion to strike must “appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.”  (Code Civ. Proc., § 437.)   

Any party may move to strike the whole or any part of a pleading within the time allotted to respond to the pleading.  (Code Civ. Proc., § 435, subd. (b)(1).)  The allegations of a complaint “must be liberally construed, with a view to substantial justice between the parties.”  (Code Civ. Proc., § 452.)  The court “read[s] allegations of a pleading subject to a motion to strike as a whole, all parts in their context, and assume[s] their truth.”  (Clauson v. Sup. Ct. (1998) 67 Cal.App.4th 1253, 1255 (Clauson).) 

Discussion

Plaintiff moves to strike Defendant R.V.M. LLC’s answer, contending that Defendant cannot appear in propria persona. 

There is no proof of service indicating that Defendant was served with this motion. As such, the matter is continued to allow Plaintiff to serve Defendant with this motion and file proof of service.

Conclusion

Plaintiff’s motion to strike is CONTINUED.  Although Corporations cannot represent themselves in court (Merco Constr. Engineers, Inc. v. Municipal Ct. (1978) 21 Cal.3d 724, 729) Plaintiff must give Defendant notice of this motion.  

Court clerk to give notice.