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This case was last updated from Los Angeles County Superior Courts on 04/22/2021 at 01:33:26 (UTC).

FLEXI-VAN LEASING, INC. VS QUICK HARBOR LOGISTICS, LLC., ET AL.

Case Summary

On 02/15/2019 FLEXI-VAN LEASING, INC filed a Contract - Other Contract lawsuit against QUICK HARBOR LOGISTICS, 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 JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1625

  • Filing Date:

    02/15/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

FLEXI-VAN LEASING INC.

Defendants

QUICK HARBOR LOGISTICS LLC.

DOMINGUEZ RAFAEL

Attorney/Law Firm Details

Plaintiff Attorney

GOODMAN HOWARD

 

Court Documents

Answer - Answer

5/20/2019: Answer - Answer

Minute Order - Minute Order (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer)

4/20/2021: Minute Order - Minute Order (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer) of 04/20/2021

4/20/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer) of 04/20/2021

Minute Order - Minute Order (Non-Jury Trial)

2/26/2021: Minute Order - Minute Order (Non-Jury Trial)

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

8/11/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Summons - Summons on Complaint

2/15/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

2/15/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

2/15/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

2/15/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

2/15/2019: First Amended Standing Order - First Amended Standing Order

 

Docket Entries

  • 02/18/2022
  • Hearing02/18/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 07/27/2021
  • Hearing07/27/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 04/20/2021
  • DocketUpdated -- Answer: Filed By: Quick Harbor Logistics, LLC. (Defendant),Rafael Dominguez (Defendant); Result: Stricken; Result Date: 04/20/2021

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  • 04/20/2021
  • DocketMinute Order (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer)

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  • 04/20/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer) of 04/20/2021; Filed by: Clerk

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  • 04/20/2021
  • DocketHearing on Motion to Strike (not anti-SLAPP) - without Demurrer scheduled for 04/20/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 04/20/2021; Result Type to Held - Motion Denied

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  • 02/26/2021
  • DocketMinute Order (Non-Jury Trial)

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  • 02/26/2021
  • DocketPursuant to the request of plaintiff, Non-Jury Trial scheduled for 02/26/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Party's Motion was rescheduled to 07/27/2021 08:30 AM

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  • 10/16/2020
  • DocketHearing on Motion to Strike (not anti-SLAPP) - without Demurrer scheduled for 04/20/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 10/15/2020
  • DocketMotion to Strike (not anti-SLAPP) - without Demurrer; Filed by: Flexi-Van Leasing, Inc. (Plaintiff)

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1 More Docket Entries
  • 08/11/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 08/14/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 02/26/2021 08:30 AM

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  • 05/20/2019
  • DocketAnswer; Filed by: Quick Harbor Logistics, LLC. (Defendant); Rafael Dominguez (Defendant)

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  • 02/19/2019
  • DocketNon-Jury Trial scheduled for 08/14/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/19/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/18/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 02/19/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 02/15/2019
  • DocketComplaint; Filed by: Flexi-Van Leasing, Inc. (Plaintiff); As to: Quick Harbor Logistics, LLC. (Defendant); Rafael Dominguez (Defendant)

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  • 02/15/2019
  • DocketCivil Case Cover Sheet; Filed by: Flexi-Van Leasing, Inc. (Plaintiff); As to: Quick Harbor Logistics, LLC. (Defendant); Rafael Dominguez (Defendant)

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  • 02/15/2019
  • DocketSummons on Complaint; Issued and Filed by: Flexi-Van Leasing, Inc. (Plaintiff); As to: Quick Harbor Logistics, LLC. (Defendant); Rafael Dominguez (Defendant)

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  • 02/15/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/15/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC01625    Hearing Date: April 20, 2021    Dept: 25

HEARING DATE: Tue., April 20, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Flexi-Van Leasing, Inc. v. Quick Harbor Logistics, LLC, et al.

CASE NUMBER: 19STLC01625 COMPL. FILED: 02-15-19

NOTICE: OK DISC. C/O: 06-27-21

DISC. MOT. C/O: 07-12-21

TRIAL DATE: 07-27-21

PROCEEDINGS: MOTION TO STRIKE THE ANSWER OF DEFENDANT QUICK HARBOR LOGISTICS, LLC

MOVING PARTY: Plaintiff Flexi-Van Leasing, Inc.

RESP. PARTY: None

MOTION TO STRIKE

(CCP § 435)

TENTATIVE RULING:

Because Plaintiff Flexi-Van Leasing, Inc.’s Motion to Strike is not permitted under Code of Civil Procedure section 92, subdivision (d), it is DENIED.

However, on the Court’s own motion, the Answer as to Defendant Quick Harbor Logistics, LLC, filed by self-represented Defendant Rafael Dominguez on May 20, 2019, is HEREBY STRICKEN.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of April 16, 2021 [ ] Late [X] None

REPLY: None filed as of April 16, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On February 15, 2019, Plaintiff Flexi-Van Leasing, Inc. (“Plaintiff”) filed an action against Defendants Quick Harbor Logistics, LLC (“Quick Harbor”) and Rafael Dominguez (“Dominguez”) (collectively, “Defendants”).

Defendant Dominguez filed an Answer, in pro per, on behalf of himself and of Quick Harbor on May 20, 2019.

On October 15, 2020, Plaintiff filed the instant Motion to Strike the Answer of Defendant Quick Harbor (the “Motion”). No opposition was filed.

  1. Legal Standard

California law authorizes a party’s motion to strike matter from an opposing party’s pleading if it is irrelevant, false, or improper. (Code Civ. Proc. §§ 435; 436, subd. (a).) Motions may also target pleadings or parts of pleadings that are not filed or drawn in conformity with applicable laws, rules, or orders. (Code Civ. Proc. § 436, subd. (b).)

However, motions to strike in limited jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (Code Civ. Proc. § 92, subd. (d).) The Code of Civil Procedure also authorizes the Court to act on its own initiative to strike matter “at any time in its discretion, and upon terms it deems proper.” (Code Civ. Proc. § 436.)

Finally, Code of Civil Procedure section 435.5 requires that “[b]efore filing a motion to strike pursuant to this chapter, the 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 whether an agreement can be reached that resolves the objections to be raised in the motion to strike.” (Code Civ. Proc. § 435.5, subd. (a).)

  1. Discussion

Plaintiff seeks to strike Defendant Quick Harbor’s Answer on the basis that, as an entity defendant, it cannot appear in this action as a self-represented party. (Mot., p. 1:24-27.)

As an initial matter, the Court notes that the Motion is not accompanied by a meet and confer declaration as required by Section 435.5. More importantly, as noted above, motions to strike in limited jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (Code Civ. Proc. § 92, subd. (d).) Because Plaintiff’s Motion does not challenge the pleadings on the basis that the damages or relief sought are not supported by the allegations in the complaint, it is not permitted in limited jurisdiction and is thus DENIED.

However, the Code of Civil Procedure also authorizes the Court to act on its own initiative, empowering the Court to enter orders striking matter “at any time in its discretion, and upon terms it deems proper.” (Code Civ. Proc. § 436.)

Since the passage of the State Bar Act in 1927, persons may represent their own interests in legal proceedings, but may not represent the interests of another unless they are active members of the State Bar. [Citation.]” (Hansen v. Hansen (2003) 114 Cal.App.4th 618, 621.) An entity must be represented by a lawyer in legal proceedings and may not represent itself (either directly or through a non-lawyer agent) in litigation, as such an act would be the unauthorized practice of law. (See e.g. Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101) (corporation); Albion River Watershed Protection Ass’n v. Department of Forestry & Fire Protection (1993) 20 Cal. App. 4th 34, 37 (unincorporated association); Aulisio v. Bancroft (2014) 230 Cal. App. 4th 1518, 1519-20 (trustee for trust).)

As an entity, Defendant Quick Harbor may not appear in this action except through licensed counsel. There is no indication that Defendant Dominguez is an attorney. Thus, the Answer filed by Defendant Dominguez, in pro per, on May 20, 2019 as to Defendant Quick Harbor is HEREBY STRICKEN.

  1. Conclusion & Order

Because Plaintiff Flexi-Van Leasing, Inc.’s Motion to Strike is not permitted under Code of Civil Procedure section 92, subdivision (d), it is DENIED.

However, on the Court’s own motion, the Answer as to Defendant Quick Harbor Logistics, LLC, filed by self-represented Defendant Rafael Dominguez on May 20, 2019, is HEREBY STRICKEN.

Moving party is ordered to give notice.

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