This case was last updated from Los Angeles County Superior Courts on 07/14/2021 at 12:53:22 (UTC).

DAVIDSON LISA VS WOODLAND HILLS DELI MARKET, CORP.

Case Summary

On 03/02/2020 DAVIDSON LISA filed a Civil Right - Other Civil Right lawsuit against WOODLAND HILLS DELI MARKET, CORP. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1991

  • Filing Date:

    03/02/2020

  • Case Status:

    Other

  • Case Type:

    Civil Right - Other Civil Right

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

LISA DAVIDSON

Defendant

WOODLAND HILLS DELI MARKET CORP.

Attorney/Law Firm Details

Plaintiff Attorney

DAVIDSON PERRIN

Defendant Attorney

MOUSSAVIAN HAMID R

 

Court Documents

Notice of Mandatory Evaluation Conference - Notice of Mandatory Evaluation Conference

7/16/2020: Notice of Mandatory Evaluation Conference - Notice of Mandatory Evaluation Conference

Application for Mandatory Evaluation Conference Under Code of Civil Procedure Section 55.545 - Application for Mandatory Evaluation Conference Under Code of Civil Procedure Section 55.545

7/16/2020: Application for Mandatory Evaluation Conference Under Code of Civil Procedure Section 55.545 - Application for Mandatory Evaluation Conference Under Code of Civil Procedure Section 55.545

Minute Order - Minute Order (Court Order)

7/17/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/17/2020

7/17/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/17/2020

Notice (name extension) - Notice of Hearing

8/24/2020: Notice (name extension) - Notice of Hearing

Substitution of Attorney - Substitution of Attorney

9/14/2020: Substitution of Attorney - Substitution of Attorney

Stipulation and Order (name extension) - Stipulation and Order re continuing hearing

9/16/2020: Stipulation and Order (name extension) - Stipulation and Order re continuing hearing

Opposition (name extension) - Opposition Defendant Woodland Hills Deli Market's Opposition to Plaintiff's Motion to Strike

10/2/2020: Opposition (name extension) - Opposition Defendant Woodland Hills Deli Market's Opposition to Plaintiff's Motion to Strike

Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

10/13/2020: Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

Statement of the Case - Statement of the Case

10/14/2020: Statement of the Case - Statement of the Case

Minute Order - Minute Order (Hearing on Motion to Strike Defendant's Answer to Complaint)

10/19/2020: Minute Order - Minute Order (Hearing on Motion to Strike Defendant's Answer to Complaint)

Answer - Answer

11/3/2020: Answer - Answer

Application for Mandatory Evaluation Conference Under Code of Civil Procedure Section 55.545 - Application for Mandatory Evaluation Conference Under Code of Civil Procedure Section 55.545 Amended

11/9/2020: Application for Mandatory Evaluation Conference Under Code of Civil Procedure Section 55.545 - Application for Mandatory Evaluation Conference Under Code of Civil Procedure Section 55.545 Amended

Minute Order - Minute Order (Mandatory Evaluation Conference (Construction Related Accessi...)

11/12/2020: Minute Order - Minute Order (Mandatory Evaluation Conference (Construction Related Accessi...)

Answer - Answer

5/6/2020: Answer - Answer

First Amended Standing Order - First Amended Standing Order

3/2/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

3/2/2020: Complaint - Complaint

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

3/2/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11 More Documents Available

 

Docket Entries

  • 01/12/2021
  • DocketMandatory Evaluation Conference (Construction Related Accessibility Claim) scheduled for 02/17/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/12/2021

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  • 01/12/2021
  • DocketHearing on Motion to Strike (not anti-SLAPP) - without Demurrer scheduled for 04/26/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/12/2021

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  • 01/12/2021
  • DocketNon-Jury Trial scheduled for 08/30/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/12/2021

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  • 01/12/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/06/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 01/12/2021

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  • 01/07/2021
  • DocketOn the Complaint filed by Davidson Lisa on 03/02/2020, entered Request for Dismissal with prejudice filed by Davidson Lisa as to Woodland Hills Deli Market, Corp.

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  • 01/07/2021
  • DocketAddress for Perrin Davidson (Attorney) null

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  • 11/12/2020
  • DocketMinute Order (Mandatory Evaluation Conference (Construction Related Accessi...)

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  • 11/12/2020
  • DocketPursuant to oral stipulation, Mandatory Evaluation Conference (Construction Related Accessibility Claim) scheduled for 11/12/2020 at 09:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 02/17/2021 10:30 AM

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  • 11/09/2020
  • DocketApplication for Mandatory Evaluation Conference Under Code of Civil Procedure Section 55.545 Amended; Filed by: Woodland Hills Deli Market, Corp. (Defendant)

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  • 11/03/2020
  • DocketAnswer; Filed by: Woodland Hills Deli Market, Corp. (Defendant)

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23 More Docket Entries
  • 05/06/2020
  • DocketProof of Service by Mail; Filed by: Woodland Hills Deli Market, Corp. (Defendant); As to: Davidson Lisa (Plaintiff); After Substituted Service of Summons & Complaint ?: No

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  • 05/06/2020
  • DocketApplication for Mandatory Evaluation Conference Under Code of Civil Procedure Section 55.545; Filed by: Woodland Hills Deli Market, Corp. (Defendant)

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  • 03/02/2020
  • DocketNon-Jury Trial scheduled for 08/30/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 03/02/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/06/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 03/02/2020
  • DocketSummons on Complaint; Issued and Filed by: Davidson Lisa (Plaintiff); As to: Woodland Hills Deli Market, Corp. (Defendant)

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  • 03/02/2020
  • DocketCivil Case Cover Sheet; Filed by: Davidson Lisa (Plaintiff)

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  • 03/02/2020
  • DocketComplaint; Filed by: Davidson Lisa (Plaintiff); As to: Woodland Hills Deli Market, Corp. (Defendant)

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  • 03/02/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/02/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 03/02/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC01991    Hearing Date: October 19, 2020    Dept: 26

Davidson v. Woodland Hills Deli Market Corp., et al.

MOTION TO STRIKE

(CCP §§ 435, et seq., 92)

TENTATIVE RULING:

Plaintiff Lisa Davidson’s Motion to Strike the Answer is DENIED. DEFENDANT WOODLAND HILLS DELI MARKET CORP. IS ORDERED TO FILE AN AMENDED ANSWER THROUGH LEGAL COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Lisa Davidson (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendant Woodland Hills Deli Market Corporation (“Defendant”) on March 2, 2020. On May 6, 2020, Defendant filed an Answer in pro se. Plaintiff filed the instant Motion to Strike Answer on June 30, 2020. Defendant filed a substitution of attorney on September 16, 2020 and an opposition to the Motion on October 2, 2020.

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

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, but has corrected its lack of legal representation as demonstrated by the Substitution of Attorney filed on September 16, 2020.

Therefore, Plaintiff’s Motion to Strike the Answer is DENIED. Defendant is ordered to file an Amended Answer through legal counsel within 20 days’ service of this order.

The Court declines to rule on Defendant’s arguments in opposition asking to strike the Complaint at this time. Any such request may be made by noticed motion.

Moving party to give notice.

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