Jesus Garcia v. Galaxy Party and Decors LLC et al.
Jesus Garcia v. Galaxy Party and Decors LLC et al.
Trial Court Opinion
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. CV 25-10499-MWF (SKx) Date: December 22, 2025 Title: Jesus Garcia v. Galaxy Party and Decors LLC et al. Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge
Deputy Clerk: Court Reporter: Rita Sanchez Not Reported
Attorneys Present for Plaintiff: Attorneys Present for Defendant: None Present None Present
Proceedings (In Chambers): ORDER TO SHOW CAUSE WHY ANSWER SHOULD NOT BE STRICKEN AS TO DEFENDANT GALAXY PARTY & DECORS LLC
On December 12, 2025, Defendants Gabino Cortez and Galaxy Party & Decors, LLC (“Galaxy”) filed an Answer to the Complaint. (See Docket No. 19). The Answer indicates that it was putatively filed on behalf of Galaxy “care of” Maria Cervantes, whose relationship to the corporation is not explained in the Answer. (See Answer at 1).
On the same date, Defendant Gabino Cortez and Ms. Cervantes filed a “Notice to Self-Representation,” indicating that they both intend to proceed pro se in this action. (Docket No. 16).
While Defendant Cortez may proceed pro se as an individual, corporate entities must appear in federal court through counsel. See Rowland v. Cal. Men’s Colony, Unit II Men’s Advisory Council,
506 U.S. 194, 201-02(1993) (only natural persons may proceed in forma pauperis because, inter alia, organizations need a lawyer in federal court); Osgood v. Main Streat Mktg., LLC, No. 16CV2415-GPC(BGS),
2017 WL 7362740, at *2 (S.D. Cal. Mar. 27, 2017) (explaining that an LLC may not proceed without counsel).
Accordingly, Galaxy must retain counsel before appearing in this action. Galaxy is therefore ORDERED TO SHOW CAUSE as to why the Answer filed on December 12, 2025, should not be stricken, which would allow Plaintiff to request entry of ______________________________________________________________________________ CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. CV 25-10499-MWF (SKx) Date: December 22, 2025 Title: Jesus Garcia v. Galaxy Party and Decors LLC et al. default. Galaxy may satisfy this OSC by retaining counsel, who must file a Notice of Appearance no later than January 16, 2026.
The deadline for Galaxy to file an Answer is extended to January 30, 2026. Defendant Cortez’s Answer stands filed.
As a courtesy, chambers staff are directed to email this Order to Ms. Cervantes.
IT IS SO ORDERED. Parties in court without a lawyer are called “pro se litigants.” These parties often face special challenges in federal court. Public Counsel runs a free Federal Pro Se Clinic where pro se litigants can get information and guidance. The Clinic is located at the Roybal Federal Building and Courthouse, 255 East Temple Street, Los Angeles, CA 90012. Pro se litigants must call or submit an on-line application to request services as follows: on-line applications can be submitted at http://prose.cacd.uscourts.gov/los- angeles, or call (213) 385-2977, ext. 270.
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Reference
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