This is a California Superior court action for more than $25,000In the initial case management conference, the court said it would allow me to file a statement of why I should be able to appear for my corporation (I own 100% of shares and cannot afford counsel). The Order did not include a way for me to file the statement.I then missed (my error) the following case management conference. In the Order, the court then said that it previously required the corporation to show cause why defendant’s answer should not be stricken for failure to appear through counsel. The court then ordered the answer stricken and vacated the trial date (but order case management in October).How do I appeal this ruling – do I file a 473 motion or follow another procedure?
State/Country relating to question: California
When an entire pleading is stricken without leave to amend, a judgment of dismissal may be entered from which an appeal lies. But no immediate appeal lies when only a portion of a pleading is stricken; that ruling may be reviewed only by writ or on appeal from the final judgment. CCP § 472c(b)(3).In your circumstances, the case was not dismissed (probably because the judge wants to give you every opportunity to hire a lawyer, before granting a default to plaintiff). So, you cannot appeal. You can file a petition for a writ of review with the Court of Appeals, but I can practically guarantee that the petition will be denied, because you have recourse, which is to hire a lawyer (even if you say that you can't afford legal representation, the court won't care -- because if you're really insolvent, then your recourse is to file personal bankruptcy and avoid liability entirely). If it has been less than 10 days since the order was made, you can file a motion to reconsider (CCP 1008), and try to show the court the reason why you should be able to represent the corporation. If that fails, or you're out of time, or if you simply want to avoid two hearings, then you could move for relief from the order under 473(b), and try to show "excusable neglect" in your failure to appear for the case management conference. You would have to also supply an argument for why your pleading should not be stricken, because the court won't reverse its prior order if it thinks that the underlying rationale on the motion to strike is defective.This is all just a standard motion pleading. Please let me know if I can clarify or assist you further. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
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