MAHMUT YUKSEL VS. DITSON L. GARCIA, ET AL

September 10, 2025 Law and Motion Calendar Judge Nicole S. Healy Department 28 ________________________________________________________________________

02:00 PM LINE 10 25-CIV-05017 MAHMUT YUKSEL VS. DITSON L. GARCIA, ET AL

MAHMUT YUKSEL KEITH M. VELLECA DITSON L. GARCIA

Motion to Strike Answer

TENTATIVE RULING:

Plaintiff’s unopposed motion to strike the answer of Golden Gate Solar, Inc., filed by Hipolito Espinoza, the company’s non-attorney CEO, is GRANTED.

Plaintiffs request for judicial notice is GRANTED. (Evid. Code, § 452, subd. (d).)

Although a corporation has capacity to sue and defend, it is not a natural person, and therefore cannot appear in an action in propria persona. It can appear only through counsel. (Merco Const. Engineers, Inc. v. Mun.Ct. (Sully-Miller Contracting Co.) (1978) 21 Cal.3d 724, 731.) A corporate representative cannot appear on behalf of the corporation because they would be engaging in the unlicensed practice of law. (Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284, fn. 5.)

Accordingly, the answer filed on behalf of defendant Golden Gate Solar, Inc. is ORDERED STRICKEN.

If the tentative ruling is uncontested, it shall become the order of the court. Thereafter, plaintiff’s counsel shall prepare a written order consistent with the court’s ruling for the court’s signature, pursuant to California Rules of Court, Rule 3.1312 and Local Rule 3.403(b)(iv), and provide written notice of the ruling to all parties who have appeared in this action. The order should be e-filed only, do not email or mail a hard copy to the court.