Judge: Virginia Keeny, Case: 22STCV20724, Date: 2025-04-14 Tentative Ruling

Case Number: 22STCV20724    Hearing Date: April 14, 2025    Dept: 45

IMMIGRANT RIGHTS DEFENSE COUNCIL, LLC. vs ANNEL DELGADO AYALA

plaintiff immigrant rights defense council, llc’s motion to strike answer of unrepresented limited liability company mex-usa legal services llc

Date of Hearing:        April 14, 2025                         Trial Date:       November 10, 2025

Department:              45                                            Case No.:        22STCV20724

Moving Party:            Plaintiff Immigrant Rights Defense Council, LLC

Responding Party:     No opposition  

Meet and Confer:      No.

BACKGROUND

On June 24, 2022, Plaintiff Immigrant Rights Defense Council, LLC filed a complaint against Annel Delgado Ayala for Violation of the Immigration Consultant Act.

On January 1, 2022, Plaintiff’s request for entry of default was entered against Annel Delgado Ayala. On February 17, 2023, the parties stipulated to set aside the default.

On November 27, 2023, Plaintiff named MEX-USA Legal Services LLC as Doe 1 Defendant.

[Tentative] Ruling

Plaintiff Immigrant Rights Defense Council, LLC’s Motion to Strike Answer of Unrepresented Limited Liability Company MEX-USA Legal Services LLC is GRANTED.

DISCUSSION

Plaintiff Immigrant Rights Defense Council, LLC moves to strike the answer of Defendant MEX-USA Legal Services LLC. Plaintiff makes the motion on the grounds that Defendant is limited liability company appearing in pro per.

California law prohibits Defendant from representing itself in this action in propria persona. (See Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729-730 (a company cannot participate in litigation unless it is represented by a lawyer); Thomas G. Ferruzzo v. Superior Court (1980) 104 Cal.App.3d 501, 503 (“The rule is clear in this state that, with the sole exception of small claims court, a corporation cannot act in propria persona in a California state court.”).) California courts have stricken pleadings of corporations that are not represented by counsel, as those pleadings are deemed void. (See Paradise v. Nowlin (1948) 86 Cal.App.2d 897, 898.)¿

Because Defendant is not represented by counsel, the court strikes Defendant’s answer pursuant to Code of Civil Procedure section 436(b).