Judge: Thomas S. Mcconville, Case: 2023-01301129, Date: 2023-07-17 Tentative Ruling

The hearing on Defendant Randy Morton’s and Randy Morton dba Rock & Roll Custom Paintworks’ Motion to Strike (filed April 14, 2023) is CONTINUED to August 28, 2023 to be heard concurrently with the Demurrer filed on April 18, 2023. (See Calif. Rules of Court, rule 3.1322(b).)  The Motion to Strike filed by RNR Group, Inc. is DENIED without prejudice as a corporation must be represented by counsel in court proceedings, and RNR’s motion was filed by a non-lawyer.  Merco Constr. Engineers, Inc. v. Municipal Court, (1978) 21 Cal. 3d 724, 730 (“To presume, as we must if we are to follow Merco's reasoning, that a corporation can act without representation, is a fiction we cannot accept.  A corporation cannot in fact appear in court except through an agent.”) (citations omitted).

Defendants Morton and Rock & Roll are ordered to meet and confer with counsel for plaintiff within five days of this order, telephonically or by in person conversation as to each issue raised by this motion to strike. Defendants are to file and serve a declaration establishing that such meet and confer occurred within ten days of this order.

The court further notes that defendants filed a subsequent motion to strike and a subsequent demurrer on April 24, 2023.  Those motions are scheduled to be heard on September 11, 2023 and September 18, 2023, respectively.  The court orders both motions to be heard on September 18, 2023. 

Should defendants decide that they wish to withdraw the motions to be heard on August 28, 2023, and simply proceed with the subsequent motions to be heard on September 18, 2023, they are to file a notice of withdrawal with the court within five days of this order.  Should defendants decide to proceed with that option, then the court will vacate the motions and hearings now set for August 28, 2023.

Plaintiff shall give notice.