CLD Construction, Inc. v. City of San Ramon

Bad Law

120 Cal. App. 4th 1141·16 Cal. Rptr. 3d 555·2004 Cal. App. LEXIS 1191·2004 Daily Journal DAR 9056·2004 Cal. Daily Op. Serv. 6688

Court of Appeal of CaliforniaJuly 23, 2004A102742California3,901 words

Opinion

Jones, J.

Relying on long-standing authority holding that a complaint filed by a corporate party in propria persona is void, or a nullity, the trial court granted a motion to strike the complaint of CLD Construction, Inc. (CLD) against the City of San Ramon (City) for breach of contract without leave to amend. We conclude respondent City’s objection to the complaint filed by the self-represented corporation raises a curable defect, and dismissal without leave to amend is not mandated. Accordingly, we reverse the judgment of dismissal.

BACKGROUND

CLD and the City entered into a written contract whereby CLD agreed to construct a public skateboard facility for $227,700. CLD, represented by an attorney, made a claim against the City for breach of the contract. On April 12, 2002, CLD was notified that its claim was rejected. The rejection was sent to CLD’s attorney and warned that CLD had only six months from that date to file a complaint against the City. The rejection also informed CLD that it could seek an attorney’s advice in the matter, and should do so immediately if it wanted such advice.

On October 15, 2002, the last day for doing so, CLD filed its complaint, appearing “pro…

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