Judge: Stephen I. Goorvitch, Case: 22STCV17665, Date: 2022-09-29 Tentative Ruling

Case Number: 22STCV17665    Hearing Date: September 29, 2022    Dept: 39

Thomas Bastin v. Melinda Wood

Case No. 22STCV17665

Demurrer and Motion to Strike

[TENTATIVE] Order

            The Court posts this tentative on Wednesday, September 28, 2022, at 11:00 a.m., in advance of the hearing on September 29, 2022, at 8:30 a.m.  The Court provides notice that if Plaintiff does not appear, either remotely or in-person, she shall waive the right to be heard and the Court will adopt this tentative order.  If Plaintiff is experiencing difficulty with the Court’s remote appearance system, she may contact the Court’s clerk, Roberto Mendoza, at (213) 633-0159 for assistance appearing via telephone.    

            Plaintiff Thomas Bastin (“Bastin”) and Defendant Melinda Wood (“Wood”) allegedly own a property, and Plaintiff seeks partition by sale.  However, the complaint in this matter was filed and signed by Loraine Lovering (“Lovering”), who is not on title to the property.  Lovering is acting by way of a power-of-attorney.  The law is clear that someone acting under a power-of-attorney cannot represent the principal in litigation unless she is a licensed attorney.  (People v. Malone (1965) 232 Cal.App.2d 531, 537.)  Lovering does not state that she is an attorney, and she filed no opposition to this demurrer. 

            Based upon the foregoing, the Court orders as follows:

            1.         The Court sustains the demurrer without leave to amend. 

            2.         The Court takes the motion to strike off-calendar as moot.

            3.         This case is dismissed without prejudice.  This case may be re-filed either by: (1) Bastin, acting as a self-represented party, or (2) Lovering, acting based upon Bastin’s power-of-attorney and represented by counsel. 

4.         Defendant’s counsel shall provide notice and file proof of such with the Court.