Judge: Thomas S. Mcconville, Case: 2022-01241189, Date: 2023-08-21 Tentative Ruling

The Motions to Compel brought by Plaintiff Flash Funding Services, Inc., seeking to compel responses by Defendant Hellenic, Inc. to Plaintiff’s Form Interrogatories, Special Interrogatories, Requests for Production Sets One (ROA 75, 83-84), and to deem Requests for Admission, Set One as admitted (ROA 85); Defendant Manuel Katsivalis’ responses to Plaintiff’s Form Interrogatories, Set One (ROA 77), and to deem Requests for Admission, Set One as admitted (ROA No. 76); and Defendant George Katsivalis’ responses to Plaintiff’s Special Interrogatories and Requests for Production of Documents, Sets One (ROA No. 81 and 82) are CONTINUED to October 2, 2023 in C28 at 2:00 p.m.

With regard to the motions against Defendants Manuel and George Katsivalis, the proofs of service attached to the relevant filings show service on self-represented Defendants Manuel and George Katsivalis at 12332 Browning Ave., Santa Ana, California, 92705. (ROA Nos. 75-77, 81-85.)   This appears to be an incorrect address, as the Substitution of Attorney form filed on April 11, 2022 lists Defendants’ address as: “1430 Edinger Avenue, Santa Ana, CA 92705.”  (ROA No. 23 and 24.)  While the proofs of service attached to the moving papers demonstrate some service at Defendants’ correct address, that was directed solely to the corporate, Defendant Hellenic, Inc. (ROA Nos. 75-77, 81-85.)

Neither Defendants Manuel nor George Katsivalis have responded to the motions, so the court cannot conclude that the errors in the service were harmless.

At the prior hearing concerning Plaintiff’s other motions to compel discovery responses from  Defendant Manuel Katsivalis, counsel for Plaintiff explained that, based on diligence and research, the Edinger address is not the correct address.  As the court explained, unless a party notifies the court otherwise, the court has to use the address provided by the party.

With regard to Defendant Hellenic, Inc., Plaintiff served the discovery requests at the correct address.  Defendant Hellenic, according to an April 11, 2022 substitution of attorney form, declared that it would be representing itself as of that date.  (ROA 22.)    

But a corporate defendant cannot represent itself.  “A corporation not itself being a natural person, can make a court appearance only through a natural person - obviously a person other than the corporate person.” Merco Const. Engineers, Inc. v. Superior Court (1978) 21 Cal.3d 724, 731.  A corporation can only appear through counsel licensed in California. “It is settled that an unincorporated association must be represented by a person licensed in this state to practice law.” Albion River Watershed Protection Assn. v. Department of Forestry & Fire Protection (1993) 20 Cal.App.4th 34, 37. 

Since April 11, 2022, Defendant Hellenic has made no further appearances in this case, so the court does not know the status of an attorney representing Defendant Hellenic.  And the court would be reluctant to compel a corporate defendant to respond to discovery as that might be construed as the court ordering the corporation to practice law—which as stated above, it cannot. 

Based on the above, the court continues all these pending motions to October 2, 2023 in C28 at 2:00 p.m.  Plaintiff is ordered to serve the instant motions pursuant to Code of Civil Procedure section 1005, subdivision (b), at the address of record identified above, and to file an amended proof of service with the court.

In addition, the court sets an Order to Show Cause re: the status of representation of corporate defendant Hellenic, Inc. for October 2, 2023 at 2:00 p.m. in C28.  The court cautions Defendant Hellenic, Inc. that the failure to obtain counsel could result in the court striking its Answer to Complaint and entering its default. 

Plaintiff shall give notice.