Judge: Thomas D. Long, Case: 25STCV02672, Date: 2025-06-03 Tentative Ruling

Case Number: 25STCV02672    Hearing Date: June 3, 2025    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

On January 31, 2025, Plaintiff Cristofina Lopez de Magallanes filed this action against Defendant Three Brothers Beauty Salon and Barber Shop, LLC.

On March 7, 2025, Defendant filed an answer

On March 25, 2025, 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 March 7, 2025 answer includes its business name and address on the first page, and the signature on the last page is unintelligible.  “[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.)  Accordingly, this answer filed by a non-attorney was filed in violation of law and is subject to being stricken.

The motion to strike is GRANTED.  The answer filed on March 7, 2025 is STRICKEN.

On April 1, 2025, Defendant properly filed another answer through counsel.  The answer filed on April 1, 2025 is the operative answer.

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 3rd day of June 2025