Jonathan Mata v. Adrian Martinez

order to show cause why the Complaint should not be stricken on the date identified below. If Plaintiff appears and shows cause, the Court will strike the Complaint with leave to amend. If Plaintiff fails to appear or otherwise respond to this Order, the Court will strike the Complaint without leave to amend and Defendant may move to dismiss the case.

Conclusion

Defendant Regus Management Group, LLC, dba Spaces Fairfax's Motion to Compel Arbitration and Stay Proceedings is denied. An Order to Show Cause re Striking the Complaint is set for October 15, 2026 at 9:30 AM in Dept. 26 of the Spring Street Courthouse. Moving party to give notice.

Plaintiff Jonathan Mata's Motion for Summary Judgment is Denied. Order to Show Cause Re: Why This Action Should Not Be Reclassified as an Unlimited Civil Action and Transferred to the Reclassification/Transfer Desk for Collection of Fees and Reassignment to an Unlimited Civil Court is scheduled for 09/16/2026, 2026 at 9:30 am in Department 26 at the Spring Street Courthouse. ANALYSIS: On April 1, 2025, Plaintiff Jonathan Mata ("Plaintiff") filed the instant action against Defendant Adrian Martinez ("Defendant"). The action alleges breach of an agreement with respect to real property and seeks damages and specific performance of the contract by conveying the real property to Plaintiff. (Compl., P.10a.) Defendant filed an Answer in propria persona on May 30, 2026. On June 4, 2026, Plaintiff filed the instant Motion for Summary Judgment. No opposition has been filed to date.

Discussion

The Motion is procedurally defective in important respects. First, t he Motion was served upon Defendant by mail on June 4, 2026, only 83 days before the hearing date. (Motion, p. 28.) The law requires that a motion for summary judgment must be brought upon at least 81 days' notice when personally served. (Code Civ. Proc., Sec. 437c, subd. (a)(2).) An additional five calendar days are added for service by mail. (Code Civ. Proc., Sec. 437c, subd. (a)(2).) The court has no discretion to shorten the notice period because it relates to due process for the non-moving party. (McMahon v.

Superior Court (2003) 106 Cal.App.4th 112, 115-16.) If an opposing party files an opposition on merits and makes no objection to the shortened notice, the defective service or shortened notice is waived. (Yanez v. Vasquez (2021) 65 Cal.App.5th Supp. 1, 6 [citing Carlton v. Quint (2000) 77 Cal.App.4th 690, 697].) The court cannot simply continue the hearing date; the motion must be re-noticed with the full statutory notice period. ((Robinson v. Woods (2008) 168 Cal.App.4th 1258, 1260-67.) When accounting for the 86 days required for mail service of the instant Motion, the last day for service was June 1, 2026.

No opposition has

been filed to date to demonstrate waiver of the shortened notice period; the Court must deny the Motion for lack of full statutory notice. On a separate issue, the Court notes that the Complaint seeks specific performance of an agreement to convey real property. This form of relief exceeds the statutory authority granted to the Court in limited civil matters. (See Code Civ. Proc., Sec. 85(b), 86(a)(7), (b).) The Court sets an Order to Show Cause regarding transfer of the action to an Independent Calendar Court. If Plaintiff believes the case is properly assigned here, Plaintiff may appear and show cause. Otherwise, the Court will order the case re-assigned.

Conclusion

Plaintiff Jonathan Mata's Motion for Summary Judgment is Denied. Order to Show Cause Re: Why This Action Should Not Be Reclassified as an Unlimited Civil Action and Transferred to the Reclassification/Transfer Desk for Collection of Fees and Reassignment to an Unlimited Civil Court is scheduled for 09/16/2026, 2026 at 9:30 am in Department 26 at the Spring Street Courthouse. Moving party to give notice. Case Number: 25STLC08139 Hearing Date: August 26, 2026 Dept: 26 TENTATIVE RULING: Defendant Eco Home Improvements Corporation's Motion to Set Aside/Vacate Default and Default Judgment is placed off calendar.

Analysis: Plaintiff Creditors Adjustment Bureau, Inc. ("Plaintiff") filed the instant action against Defendant Eco Home Improvements Corporation ("Defendant") on October 27, 2025. Following Defendant's failure to file a responsive pleading, the Court entered its default on December 31, 2025 and default judgment in favor of Plaintiff on February 2, 2026. On August 3, 2026, Defendant filed the instant Motion to Set Aside/Vacate Default and Default Judgment in propria persona. Plaintiff filed an opposition on August 12, 2026.

Discussion

The Court declines to reach the merits of Defendant's Motion, which was brought without legal representation. (Motion, p. 1.) As Plaintiff points out in its opposition, it is black letter law that a corporation cannot represent itself in court. (Clean Air Transport Systems v. San Mateo County Transit Dist. (1988) 198 Cal.App.3d 576, 578 (citing Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729-730).) This rule applies to all entities regarded as separate from their owners, including partnerships and unincorporated associations. (See Clean Air Transport Systems, supra, 19 Cal.App.3d at 578.) Therefore, Defendant must proceed through counsel if it wishes to seek to vacate its default and the default judgment.

Conclusion

Defendant Eco Home Improvements Corporation's Motion to Set Aside/Vacate Default and Default Judgment is placed