Versure, LLC vs. Bonavita Life LLC

other employee who is not an attorney.”]; Gamet v. Blanchard (2001) 91 Cal.App.4th 1276, 1284, n5 [“In California a corporation may not represent itself, except in a small claims proceeding. This prohibition stems from the notion a corporate representative who would likely appear on behalf of the corporation would be engaged in the unlicensed practice of law.”]. That the party is an LLC is of no moment, as the same rational applies to an LLC. An LLC has similar rights and responsibilities as a corporation – e.g., it is a separate legal entity with its own privileges and liabilities distinct from those of its members, it has the same rights as a corporation to sue and be sued in its own name, it must maintain an agent for service of process. (See Corp. Code, §§ 17701.01 et seq.)

As such, the court sets an Order to Show Cause Why the Answer of Defendant GSO PRINTING, LLC, Should Not be Stricken and Default Entered. The OSC is set for October 5, 2026, at 10:00 am in Dept. W08, to be heard with the currently scheduled Case Management Conference.

Moving attorney SHALL give notice and file a proof of service within 10 calendar days.

4 Versure, LLC vs. Application for Service of Process Through Secretary of Bonavita Life LLC State (x2)

The court DENIES without prejudice Plaintiff VERSURE, LLC’s applications for order authorizing service of process on Defendant BONAVITA LIFE LLC through the California Secretary of State. (ROAs 43, 45.)

Section 17701.16(c) of the Corporations Code requires proof by affidavit to the satisfaction of the court that process against a limited liability company or foreign limited liability company cannot be served.

Here, Plaintiff submits the Non Service Report of Geroge Craig, Registered California Process Server. (Exh. 1.) Relevant here is the second page submitted within Exhibit 1, pertaining to service of Bonavita Life LLC. Craig states

that he was informed by the current tenant at 510 W Central Ave Unit B, Brea, CA 92821 that Bonavita was the previous tenant. The current tenant is Wolverine Fire. (See, Exh. 1, p. 2.)

Plaintiff does not proffer any evidence however to establish that Bonavita’s registered process server resigned, there is no current replacement, or identify the address designated for personal delivery of the process. While these contentions are stated as arguments in the application, argument of counsel contained in a points and authorities are not evidence. (Muskan Food & Fuel, Inc. v. City of Fresno (2021) 69 Cal.App.5th 372, 389-390.)

As such, Plaintiff has not made the necessary showing for service of summons upon the Secretary of State pursuant to Corporations Code section 17701.16. The application is therefore DENIED without prejudice.

Plaintiff to give notice.

5 Carnations Home, Motion to Set Aside Default Inc. vs. The Hills (Status Conference re Default Judgment) Senior Living 1. Motion to Set Aside Default

The hearing on this motion was continued from 6/26/26. At the 6/26/26 hearing on the motion, the court posted a tentative ruling granting the motion. Plaintiffs requested an opportunity to provide further briefing on an issue that Defendants explicitly raised in reply (i.e., for relief under Section 473(d) of the Code of Civil Procedure). The motion was originally noticed under subsection “b” of Section 473. At Plaintiff’s request, the court continued the hearing on the motion to allow Plaintiffs to file a supplemental opposition and Defendants to file a supplemental response to the opposition.

The parties thereafter filed timely supplemental briefing, which this court has considered.