On 06/18/2019 HIGH INTEGRITY RACK AND SHELVING, LLC filed a Contract - Other Contract lawsuit against TAOMORE SUPPLY CHAIN LTD. 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.
*******5784
06/18/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
HIGH INTEGRITY RACK AND SHELVING LLC
TAOMORE SUPPLY CHAIN LTD
CHEN ALEXANDER
3/9/2020: Supplemental Declaration (name extension) - Supplemental Declaration In Support of Motion to Strike
3/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
2/6/2020: Minute Order - Minute Order (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer)
9/27/2019: Motion to Strike (not initial pleading) - Motion to Strike (not initial pleading)
8/26/2019: Proof of Personal Service - Proof of Personal Service
8/21/2019: Answer - Answer
6/18/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
6/18/2019: First Amended Standing Order - First Amended Standing Order
6/18/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
6/18/2019: Complaint - Complaint
6/18/2019: Summons - Summons on Complaint
Hearing12/15/2020 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
Hearing08/26/2020 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer
DocketDue to Clerical Error, Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer scheduled for 08/26/2020 at 03:09 PM in Spring Street Courthouse at Department 25 Not Held - Rescheduled by Court was rescheduled to 08/26/2020 10:00 AM
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/21/2022 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 05/19/2020
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketOn the Court's own motion, Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer scheduled for 04/14/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/26/2020 03:09 PM
DocketSupplemental Declaration In Support of Motion to Strike; Filed by: High Integrity Rack and Shelving, LLC (Plaintiff)
DocketHearing on Motion to Strike (not anti-SLAPP) - without Demurrer scheduled for 04/14/2020 at 10:30 AM in Spring Street Courthouse at Department 25
DocketOn the Court's own motion, Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer scheduled for 02/06/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 04/14/2020 10:30 AM
DocketMinute Order (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer)
DocketProof of Personal Service; Filed by: High Integrity Rack and Shelving, LLC (Plaintiff); As to: Taomore Supply Chain Ltd (Defendant); Service Cost Waived: No
DocketAnswer; Filed by: Taomore Supply Chain Ltd (Defendant)
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/21/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketNon-Jury Trial scheduled for 12/15/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. James E. Blancarte 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: High Integrity Rack and Shelving, LLC (Plaintiff); As to: Taomore Supply Chain Ltd (Defendant)
DocketCivil Case Cover Sheet; Filed by: High Integrity Rack and Shelving, LLC (Plaintiff); As to: Taomore Supply Chain Ltd (Defendant)
DocketComplaint; Filed by: High Integrity Rack and Shelving, LLC (Plaintiff); As to: Taomore Supply Chain Ltd (Defendant)
Case Number: 19STLC05784 Hearing Date: February 06, 2020 Dept: 25
TENTATIVE RULING:
Plaintiff High Integrity Rack & Shelving, LLC’s Motion to Strike is CONTINUED TO APRIL 14, 2020 AT 10:30 A.M in DEPT. 25, SPRING STREET COURTHOUSE.
At least 16 court days prior to the new hearing date, Plaintiff is to file a declaration demonstrating compliance with the meet and confer requirement. Failure to comply with the Court’s order may result in the Motion to Strike being placed off calendar or denied.
I. Background
On June 18, 2019, Plaintiff High Integrity Rack & Shelving, LLC (“Plaintiff”) filed a complaint for breach of contract and common counts against Defendant Taomore Supply Chain Ltd. (“Defendant”). On August 21, 2019, Defendant filed an Answer, which appears to have been filed by one of its members, in pro per.
On September 27, 2019, Plaintiff filed the instant Motion to Strike Defendant’s Answer to Complaint (the “Motion”). To date, no opposition or reply briefs have been filed.
II. Legal Standard & Discussion
Plaintiff requests that the Court strike Defendant’s Answer because it appears it was not filed by an attorney as required for entities. (Mot., p. 8-9.)
Failure to Meet and Confer
Code of Civil Procedure section 435.5 provides 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 purposes 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).) (Italics added.)
Here, Plaintiff’s Motion is not accompanied by a declaration stating the parties met and conferred in person or by telephone, or that there was an attempt to do so. Thus, Plaintiff is ordered to meet and confer with Defendant in accordance with Code of Civil Procedure section 435.5 and to file a supplemental declaration attesting to such efforts.
III. Conclusion & Order
For the foregoing reasons, Plaintiff High Integrity Rack & Shelving, LLC’s Motion to Strike is CONTINUED TO APRIL 14, 2020, AT 10:30 A.M. in DEPT. 25, SRING STREET COURTHOUSE.
At least 16 court days prior to the new hearing date, Plaintiff is to file a declaration demonstrating compliance with the meet and confer requirement. Failure to comply with the Court’s order may result in the Motion to Strike being placed off calendar or denied.
Moving party is ordered to give notice.