This case was last updated from Los Angeles County Superior Courts on 10/12/2021 at 05:27:20 (UTC).

FLEXI-VAN LEASING, INC. VS JESEST TRUCKING INC., ET AL.

Case Summary

On 03/04/2019 FLEXI-VAN LEASING, INC filed a Contract - Other Contract lawsuit against JESEST TRUCKING INC . This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2221

  • Filing Date:

    03/04/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

FLEXI-VAN LEASING INC.

Defendants

JESEST TRUCKING INC.

SOLARES EDGAR

Attorney/Law Firm Details

Plaintiff Attorneys

GOODMAN HOWARD

BOOSKA STEVEN A.

 

Court Documents

Answer - Answer

6/7/2019: Answer - Answer

Minute Order - Minute Order (Order to Show Cause Re: Status of Defendant Jesset Trucking, ...)

6/30/2021: Minute Order - Minute Order (Order to Show Cause Re: Status of Defendant Jesset Trucking, ...)

Substitution of Attorney - Substitution of Attorney

5/24/2021: Substitution of Attorney - Substitution of Attorney

Declaration (name extension) - Declaration in Response to Non-Jury Trial and Order to Show Cause

5/28/2021: Declaration (name extension) - Declaration in Response to Non-Jury Trial and Order to Show Cause

Minute Order - Minute Order (Non-Jury Trial;)

6/3/2021: Minute Order - Minute Order (Non-Jury Trial;)

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 06/03/2021

6/3/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 06/03/2021

Proof of Service by Mail - Proof of Service by Mail

6/4/2021: Proof of Service by Mail - Proof of Service by Mail

Notice (name extension) - Notice of Order to Show Cause to Strike Defendants' Answers

6/4/2021: Notice (name extension) - Notice of Order to Show Cause to Strike Defendants' Answers

Minute Order - Minute Order (Hearing on Motion to Strike Defendants Answer filed 06/07/2019)

4/28/2021: Minute Order - Minute Order (Hearing on Motion to Strike Defendants Answer filed 06/07/2019)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Strike Defendants Answer filed 06/07/2019) of 04/28/2021

4/28/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Strike Defendants Answer filed 06/07/2019) of 04/28/2021

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

10/15/2020: Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

7/24/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

3/4/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

3/4/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

3/4/2019: Complaint - Complaint

Summons - Summons on Complaint

3/4/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

3/4/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

7 More Documents Available

 

Docket Entries

  • 08/10/2022
  • Hearing08/10/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/29/2021
  • DocketNon-Jury Trial scheduled for 08/10/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 09/29/2021
  • DocketMinute Order (Trial Setting Conference;)

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  • 09/29/2021
  • DocketTrial Setting Conference scheduled for 09/29/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/29/2021; Result Type to Held

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  • 08/31/2021
  • DocketUpdated -- Answer: As To Parties: removed

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  • 06/30/2021
  • DocketUpdated -- Answer: As To Parties: removed

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  • 06/30/2021
  • DocketUpdated -- Answer: As To Parties: removed

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  • 06/30/2021
  • DocketTrial Setting Conference scheduled for 09/29/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 06/30/2021
  • DocketMinute Order (Order to Show Cause Re: Status of Defendant Jesset Trucking, ...)

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  • 06/30/2021
  • DocketOrder to Show Cause Re: Status of Defendant Jesset Trucking, INC's Legal Representation scheduled for 06/30/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 06/30/2021; Result Type to Held

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19 More Docket Entries
  • 07/24/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 08/31/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 06/03/2021 08:30 AM

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  • 06/07/2019
  • DocketAnswer; Filed by: Jesest Trucking Inc. (Defendant); Edgar Solares (Defendant)

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  • 03/05/2019
  • DocketNon-Jury Trial scheduled for 08/31/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/05/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/07/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/05/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 03/04/2019
  • DocketComplaint; Filed by: Flexi-Van Leasing, Inc. (Plaintiff); As to: Jesest Trucking Inc. (Defendant); Edgar Solares (Defendant)

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  • 03/04/2019
  • DocketCivil Case Cover Sheet; Filed by: Flexi-Van Leasing, Inc. (Plaintiff); As to: Jesest Trucking Inc. (Defendant); Edgar Solares (Defendant)

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  • 03/04/2019
  • DocketSummons on Complaint; Issued and Filed by: Flexi-Van Leasing, Inc. (Plaintiff); As to: Jesest Trucking Inc. (Defendant); Edgar Solares (Defendant)

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  • 03/04/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/04/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC02221    Hearing Date: April 28, 2021    Dept: 26

PROCEEDINGS: MOTION TO STRIKE ANSWER
MOVING PARTY: Plaintiff Flexi-Van Leasing, Inc.
RESP. PARTY: None
MOTION TO STRIKE
(CCP §§ 435, et seq., 92)
TENTATIVE RULING:
Plaintiff Flexi-Van Leasing, Inc.’s Motion to Strike Defendant Jesset Trucking, Inc.’s Answer is
DENIED.
THE COURT SETS AN ORDER TO SHOW CAUSE REGARDING THE STATUS OF
DEFENDANT JESSET TRUCKING, INC.’S LEGAL REPRESENTATION FOR JUNE 30,
2021 AT __9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
ANALYSIS:
Plaintiff Flexi-Van Leasing, Inc. (“Plaintiff”) filed the instant action for common counts and
unjust enrichment against Defendants Jesset Trucking, Inc. (“Defendant Jesset Trucking”) and
Edgar Solares (“Defendant Solares”) on March 4, 2019. On June 7, 2019, Defendants filed an
Answer in pro se. It is not clear if or when the Answer was served on Plaintiff.
Plaintiff filed the instant Motion to Strike Answer on October 15, 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 Jesset Trucking, 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 Defendant Jesset Trucking’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 Jesset Trucking should not have filed the Answer without proper legal representation
and must appear through an attorney going forward.
Conclusion
Plaintiff Flexi-Van Leasing, Inc.’s Motion to Strike Defendant Jesset Trucking, Inc.’s Answer is
DENIED.
THE COURT SETS AN ORDER TO SHOW CAUSE REGARDING THE STATUS OF
DEFENDANT JESSET TRUCKING, INC.’S LEGAL REPRESENTATION FOR JUNE 30,
2021 AT _9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.
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