Judge: Thomas D. Long, Case: 23STCV21208, Date: 2024-05-21 Tentative Ruling

Case Number: 23STCV21208    Hearing Date: May 21, 2024    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

CESAR COTTO,

                        Plaintiff,

            vs.

 

TACOS LOS GUICHOS,

 

                        Defendant.

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      CASE NO.: 23STCV21208

 

[TENTATIVE] ORDER GRANTING MOTION TO STRIKE ANSWER; SETTING OSC

 

Dept. 48

8:30 a.m.

May 21, 2024

 

On September 1, 2023, Plaintiff Cesar Cotto filed this action against Defendant Tacos Los Guichos.  On October 12, 2024, Defendant filed an answer in the form of a general denial.  On October 27, 2023, Plaintiff filed a motion to strike Defendant’s answer.

The court may, upon a motion or at any time in its discretion: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of any pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court.  (Code Civ. Proc., § 436, subds. (a)-(b).)

Defendant’s answer was filed by Tacos Los Guichos “in pro per.”  There is no signature on the line for “Signature of Defendant or Attorney.”  Instead, “Tacos Los Guichos” is handwritten.

“[A] corporation cannot represent itself in a court of record either in propria persona or through an officer or agent who is not an attorney.”  (Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101.)  Because the answer purports to be signed by Tacos Los Guichos “in pro per,” it is not drawn or filed in conformity with the law.

The motion to strike is GRANTED.  The Court orders the General Denial filed on October 12, 2023 stricken.

The Court will grant Defendant additional time, until July 22, 2024, to obtain counsel and file a responsive pleading.  An Order to Show Cause Re: Entry of Default is scheduled for July 22, 2024 at 8:30 a.m. in Department 48 at Stanley Mosk Courthouse.

Defendant must retain counsel and file and serve a responsive pleading by that date or the Court will place Defendant in default.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  If all parties in the case submit on the tentative ruling, no appearances before the Court are required unless a companion hearing (for example, a Case Management Conference) is also on calendar.

 

         Dated this 21st day of May 2024

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court