On 09/11/2019 323 AUTO COLLISION CENTER INC filed a Contract - Other Contract lawsuit against HONDA LEASE TRUST. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Other.
*******8356
09/11/2019
Other
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
SERENA R. MURILLO
323 AUTO COLLISION CENTER INC.
HONDA LEASE TRUST
YOO S. CHRISTOPHER
7/14/2020: Request for Dismissal - Request for Dismissal
6/29/2020: Notice of Ruling - Notice of Ruling
6/26/2020: Minute Order - Minute Order (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer)
6/5/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
6/16/2020: Notice (name extension) - Notice OF CONTINUED HEARING ON MOTION TO STRIKE COMPLAINT
4/1/2020: Notice (name extension) - Notice OF CONTINUED HEARING ON MOTION TO STRIKE COMPLAINT
4/2/2020: Notice (name extension) - Notice Amended Notice of Continued Hearing on Motion to Strike Complaint
3/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
10/22/2019: Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer
9/11/2019: Summons - Summons on Complaint
9/11/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
9/11/2019: Complaint - Complaint
9/11/2019: First Amended Standing Order - First Amended Standing Order
9/11/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
DocketOn the Complaint filed by 323 Auto Collision Center Inc. on 09/11/2019, entered Request for Dismissal with prejudice filed by 323 Auto Collision Center Inc. as to Honda Lease Trust
DocketOrder to Show Cause Re: REGARDING THE STATUS OF PLAINTIFF?S LEGAL REPRESENTATION scheduled for 08/03/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/16/2020
DocketNon-Jury Trial scheduled for 03/10/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/16/2020
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/14/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/16/2020
DocketUpdated -- Pursuant to the Request for Dismissal filed by 323 Auto Collision Center Inc. on 07/14/2020, Honda Lease Trust in Complaint filed by 323 Auto Collision Center Inc. on 09/11/2019 is dismissed with prejudice.; The following event(s) is/are advanced to this date and vacated: 09/14/2022 8:30 AM Order to Show Cause Re: Failure to File Proof of Service in Department 26; 08/03/2020 10:30 AM Order to Show Cause Re: REGARDING THE STATUS OF PLAINTIFF?S LEGAL REPRESENTATION in Department 26; 03/10/2021 8:30 AM Non-Jury Trial in Department 26; Filed Date changed from 07/16/2020 to 07/14/2020
DocketAddress for S. Christopher Yoo (Attorney) court order
DocketNotice of Ruling; Filed by: Honda Lease Trust (Defendant)
DocketOrder to Show Cause Re: REGARDING THE STATUS OF PLAINTIFF?S LEGAL REPRESENTATION scheduled for 08/03/2020 at 10:30 AM in Spring Street Courthouse at Department 26
DocketMinute Order (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer)
DocketAddress for S. Christopher Yoo (Attorney) court order
DocketHearing on Motion to Strike (not anti-SLAPP) - without Demurrer scheduled for 04/02/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94
DocketMotion to Strike (not anti-SLAPP) - without Demurrer; Filed by: 323 Auto Collision Center Inc. (Plaintiff)
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/14/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketNon-Jury Trial scheduled for 03/10/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: 323 Auto Collision Center Inc. (Plaintiff)
DocketComplaint; Filed by: 323 Auto Collision Center Inc. (Plaintiff); As to: Honda Lease Trust (Defendant)
Case Number: 19STLC08356 Hearing Date: June 26, 2020 Dept: 26
323 Auto Collision Center, Inc. v. Honda Lease Trust, et al.
MOTION TO STRIKE
(CCP §§ 435, et seq., 92)
TENTATIVE RULING:
Motion of Defendant American Honda Finance Corporation Dba Honda Financial Services, acting on behalf of Honda Lease Trust, to Strike the Complaint is DENIED.
THE COURT SETS AN ORDER TO SHOW CAUSE REGARDING THE STATUS OF PLAINTIFF’S LEGAL REPRESENTATION FOR AUGUST 3, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
Plaintiff 232 Auto Collision Center, Inc. (“Plaintiff”) filed the instant action for breach of contract and related claims against Defendant American Honda Finance Corporation dba Honda Financial Services acting on behalf of Honda Lease Trust (“Defendant”) September 11, 2019. Defendant filed the instant Motion to Strike on October 22, 2019. To date, no opposition has been filed.
The Motion to Strike the Complaint is brought pursuant to Code of Civil Procedure section 436 on the grounds that Plaintiff, despite being a corporation, is not represented by an attorney. Motions to strike in courts of limited jurisdiction, however, may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (Code of Civ. Proc., § 92, subd. (d).) As the request to strike the Complaint raised by this Motion does not pertain to whether the damages alleged or relief sought are supported by the allegations, it cannot be raised in this Court.
That being said, it is black letter law that a corporation cannot represent itself in court. (Clean Air Transport Systems v. San Mateo County Transit Dist. (1988) 198 Cal.App.3d 576, 578 (citing Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729-730).) This rule applies to all entities regarded as separate from their owners, including partnerships and unincorporated associations. (See Clean Air Transport Systems, supra, 19 Cal.App.3d at 578.) Accordingly, Plaintiff should not have filed the Complaint without proper legal representation.
Therefore, Defendant’s Motion to Strike the Complaint is DENIED. THE COURT SETS AN ORDER TO SHOW CAUSE REGARDING THE STATUS OF PLAINTIFF’S LEGAL REPRESENTATION FOR AUGUST 3, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
Moving party to give notice.