Motion to Strike Answer (Judge Pauline Maxwell)

Everest National Insurance Co vs Sunrise West Painting & Construction Inc

TENTATIVE RULING: Unless defendant seeks further time to obtain counsel at or before the hearing of this motion, the Court will grant the motion, order the answer of the unrepresented corporate defendant stricken, and order that its default be entered.

Motion: Plaintiff filed this action to recover the remaining premium due on two written Workers Compensation insurance policies it issued to defendant Sunrise West Painting & Construction, Inc. Defendant answered through attorney Miles Goldrick. Goldrick substituted out on March 19, 2018, leaving the corporate party unrepresented. Plaintiff?s counsel contacted both defendant?s principal and Goldrick on March 21 to advise that the corporation needed to appear though an attorney, and if it did not retain counsel, plaintiff would move to strike the answer. No new counsel has substituted into the case on the corporation?s behalf.

Because a corporation is not a natural person, it cannot appear in an action in propria persona, and can only appear through an attorney. (Merco Construction Engineers, Inc. v. Municipal Court?(1978) 21 Cal.3d 724, 731.) As a result, plaintiff seeks to strike defendant?s answer, and enter its default.

Analysis: The corporate defendant cannot appear in this action in pro per. Defendant?s principals were advised of that fact, and provided with an opportunity to substitute counsel in on the corporation?s behalf. They did not do so. Even after the filing of the motion to strike, the corporate defendant did not substitute in an attorney of record. Its answer cannot stand, as long as it is unrepresented in this action. While the Court would be willing to hold the matter in abeyance upon a representation by defendant that it is actively seeking counsel, defendant has not made any attempt to do so.

Unless defendant requests further time to obtain counsel at or before the hearing on this motion, the Court will grant the motion, and order the corporate defendant?s answer stricken and its default entered.