This case was last updated from Los Angeles County Superior Courts on 03/12/2021 at 16:45:44 (UTC).

BRIDGER CLAIMS SERVICES, LLC VS KALIKAR LLC

Case Summary

On 09/03/2020 BRIDGER CLAIMS SERVICES, LLC filed a Personal Injury - Uninsured Motor Vehicle lawsuit against KALIKAR LLC. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7511

  • Filing Date:

    09/03/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

BRIDGER CLAIMS SERVICES LLC

Defendant

KALIKAR LLC

Attorney/Law Firm Details

Plaintiff Attorney

SCHWARZ MARC A.

 

Court Documents

Motion for Order (name extension) - Motion for Order NOTICE OF MOTION AND MOTION FOR ORDER TO STRIKE DEFENDANTS ANSWER TO COMPLAINT: POINTS AND AUTHORITIES:(PROPOSED) ORDER

11/10/2020: Motion for Order (name extension) - Motion for Order NOTICE OF MOTION AND MOTION FOR ORDER TO STRIKE DEFENDANTS ANSWER TO COMPLAINT: POINTS AND AUTHORITIES:(PROPOSED) ORDER

Proof of Service by Mail - Proof of Service by Mail

10/8/2020: Proof of Service by Mail - Proof of Service by Mail

General Denial - General Denial

10/8/2020: General Denial - General Denial

Proof of Personal Service - Proof of Personal Service

10/13/2020: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

9/3/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

9/3/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

9/3/2020: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

9/3/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 09/07/2023
  • Hearing09/07/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 03/03/2022
  • Hearing03/03/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 11/10/2020
  • DocketMotion for Order NOTICE OF MOTION AND MOTION FOR ORDER TO STRIKE DEFENDANTS ANSWER TO COMPLAINT: POINTS AND AUTHORITIES:(PROPOSED) ORDER; Filed by: Bridger Claims Services, LLC (Plaintiff)

    Read MoreRead Less
  • 10/13/2020
  • DocketProof of Personal Service; Filed by: Bridger Claims Services, LLC (Plaintiff); As to: Kalikar LLC (Defendant); Service Date: 09/15/2020; Service Cost: 95.00; Service Cost Waived: No

    Read MoreRead Less
  • 10/08/2020
  • DocketGeneral Denial; Filed by: Kalikar LLC (Defendant)

    Read MoreRead Less
  • 10/08/2020
  • DocketProof of Service by Mail; Filed by: Kalikar LLC (Defendant); As to: Bridger Claims Services, LLC (Plaintiff); After Substituted Service of Summons & Complaint ?: No

    Read MoreRead Less
  • 09/03/2020
  • DocketComplaint; Filed by: Bridger Claims Services, LLC (Plaintiff); As to: Kalikar LLC (Defendant)

    Read MoreRead Less
  • 09/03/2020
  • DocketSummons on Complaint; Issued and Filed by: Bridger Claims Services, LLC (Plaintiff); As to: Kalikar LLC (Defendant)

    Read MoreRead Less
  • 09/03/2020
  • DocketCivil Case Cover Sheet; Filed by: Bridger Claims Services, LLC (Plaintiff); As to: Kalikar LLC (Defendant)

    Read MoreRead Less
  • 09/03/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 09/03/2020
  • DocketNon-Jury Trial scheduled for 03/03/2022 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 09/03/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/07/2023 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 09/03/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

    Read MoreRead Less

Tentative Rulings

Case Number: 20STLC07511    Hearing Date: June 7, 2021    Dept: 26

Bridger Claims Service, LLC v. Kalikar, LLC, et al.

MOTION TO STRIKE

(CCP §§ 435, et seq., 92)

 

TENTATIVE RULING:

 

Plaintiff Bridger Claims Service, LLC’s Motion to Strike Defendant Kalikar, LLC’s Answer is DENIED.

 

THE COURT SETS AN ORDER TO SHOW CAUSE REGARDING THE STATUS OF DEFENDANT KALIKAR, LLC’S LEGAL REPRESENTATION FOR AUGUST 9, 2021 AT _____ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Bridger Claims Service, LLC (“Plaintiff”) filed the instant action for subrogation and indebtedness against Defendant Kalikar, LLC (“Defendant”) on September 3, 2020. On October 8, 2020, Defendant filed an Answer in pro se.

Plaintiff filed the instant Motion to Strike the Answer on November 10, 2020. To date, no opposition has been filed.

Discussion

The Motion to Strike is brought pursuant to Code of Civil Procedure section 436 on the grounds that Defendant, despite being a limited liability corporation, was not represented by an attorney at the time the Answer was filed.

First, the Motion is not accompanied by a meet and confer declaration as required by Code of Civil Procedure section 435.5. (See Mendelson Decl.) “[T]he moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining if an agreement can be reached that resolves the objections to be raised in the motion to strike.” (Code Civ. Proc., § 435.5, subd. (a).) The parties are to meet and confer at least five days before the date the responsive pleading is due. (Code Civ. Proc., § 435.5 (a)(2).) Thereafter, the moving party shall file and serve a declaration detailing their meet and confer efforts. (CCP § 435.5, subd. (a)(3).)

Additionally, motions to strike in courts of limited jurisdiction 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 Defendant’s Answer 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.) Defendant should not have filed the Answer without proper legal representation and must appear through an attorney going forward.

Conclusion

Plaintiff Bridger Claims Service, LLC’s Motion to Strike Defendant Kalikar, LLC’s Answer is DENIED.

THE COURT SETS AN ORDER TO SHOW CAUSE REGARDING THE STATUS OF DEFENDANT KALIKAR, LLC’S LEGAL REPRESENTATION FOR AUGUST 9, 2021 AT _____ AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Court clerk to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Bridger Claims Services, LLC is a litigant

Latest cases represented by Lawyer SCHWARZ MARC A.