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This case was last updated from Los Angeles County Superior Courts on 04/19/2021 at 10:43:33 (UTC).

JESSE JONES VS ET AUTO SALES, ET AL.

Case Summary

On 06/11/2020 JESSE JONES filed a Civil Right - Other Civil Right lawsuit against ET AUTO SALES. 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:

    *******4903

  • Filing Date:

    06/11/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

JONES JESSE

Defendants

ET AUTO SALES

ET AUTO SALES INC

MARIO R SANTIZO TRUSTEE TO SANTIZO TRUST

Not Classified By Court

TURI EMILIO DBA ET AUTO SALES

TURIEL EMILIO DBA ET AUTO SALES

EMILIO TURIEL DBA ET AUTO SALES

Attorney/Law Firm Details

Plaintiff Attorneys

SONNTAG ALBERT

TAIBI MICHAEL A

 

Court Documents

Request for Refund / Order - Request for Refund / Order

2/22/2021: Request for Refund / Order - Request for Refund / Order

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

4/7/2021: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Notice of Settlement - Notice of Settlement

4/7/2021: Notice of Settlement - Notice of Settlement

Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

2/9/2021: Motion to Compel Further Discovery Responses - Motion to Compel Further Discovery Responses

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

2/9/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

12/29/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service by Mail - Proof of Service by Mail

9/2/2020: Proof of Service by Mail - Proof of Service by Mail

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

9/4/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Substitution of Attorney - Substitution of Attorney

9/4/2020: Substitution of Attorney - Substitution of Attorney

Answer - Answer

9/4/2020: Answer - Answer

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

9/24/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

First Amended Standing Order - First Amended Standing Order

6/11/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

6/11/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

6/11/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Complaint - Complaint

6/11/2020: Complaint - Complaint

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

6/11/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

6/11/2020: Summons - Summons on Complaint

5 More Documents Available

 

Docket Entries

  • 07/07/2021
  • Hearing07/07/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 04/07/2021
  • DocketUpdated -- Notice of Settlement: Status Date changed from 04/07/2021 to 04/07/2021; As To Parties: removed

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  • 04/07/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 07/07/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 04/07/2021
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

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  • 04/07/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 04/08/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 04/07/2021

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  • 04/07/2021
  • DocketNon-Jury Trial scheduled for 12/09/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 04/07/2021

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  • 04/07/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/15/2023 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 04/07/2021

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  • 02/22/2021
  • DocketRequest for Refund / Order; Filed by: ET Auto Sales (Defendant)

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  • 02/11/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 04/08/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 02/09/2021
  • DocketMotion to Compel Further Discovery Responses; Filed by: EMILIO TURIEL DBA ET AUTO SALES (Non-Party); ET Auto Sales (Defendant); Emilio Turiel (Non-Party); As to: ET Auto Sales INC (Defendant)

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14 More Docket Entries
  • 06/11/2020
  • DocketComplaint; Filed by: Jesse Jones (Plaintiff); As to: ET Auto Sales (Defendant); ET Auto Sales INC (Defendant); Mario R Santizo Trustee to Santizo Trust (Defendant)

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  • 06/11/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 06/11/2020
  • DocketCivil Case Cover Sheet; Filed by: Jesse Jones (Plaintiff); As to: ET Auto Sales (Defendant); ET Auto Sales INC (Defendant); Mario R Santizo Trustee to Santizo Trust (Defendant)

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  • 06/11/2020
  • DocketSummons on Complaint; Issued and Filed by: Jesse Jones (Plaintiff); As to: ET Auto Sales (Defendant); ET Auto Sales INC (Defendant); Mario R Santizo Trustee to Santizo Trust (Defendant)

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  • 06/11/2020
  • DocketRequest to Waive Court Fees; Filed by: Jesse Jones (Plaintiff)

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  • 06/11/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/11/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/11/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Jesse Jones (Plaintiff)

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  • 06/11/2020
  • DocketNon-Jury Trial scheduled for 12/09/2021 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 06/11/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/15/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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Tentative Rulings

Case Number: 20STLC04903    Hearing Date: April 8, 2021    Dept: 25

HEARING DATE: Thu., April 8, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Jones v. ET Auto Sales, et al. COMPL. FILED: 06-11-20

CASE NUMBER: 20STLC04903 DISC. C/O: 11-09-21

NOTICE: DISC. MOT. C/O: 11-24-21

TRIAL DATE: 12-09-21

PROCEEDINGS: MOTION TO COMPEL RESPONSES TO INTERROGATORIES SET ONE AND REQUEST FOR PRODUCTION SET ONE AND FOR MONETARY SANCTIONS

MOVING PARTY: Emilio Turiel dba ET Auto Sales, Inc., in pro per

RESP. PARTY: None

MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS

(CCP §§ 2030.290; 2031.300)

TENTATIVE RULING:

Emilio Turiel dba ET Auto Sales, Inc.’s Motion to Compel is CONTINUED TO MAY 27, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant ET Auto must file and serve supplemental papers including copies of the discovery propounded on Plaintiff as requested herein. In addition, if Defendant ET Auto is a corporation, it must file proof that it is being represented by counsel at least five (5) days before the next scheduled hearing. If Defendant ET Auto is not a corporation, Emilio Turiel must file and serve a declaration clarifying what the form of his business is and attesting to his capacity at ET Auto.

Failure to comply with the Court’s order may result in the Motion being placed off calendar or denied.

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 6, 2021 [ ] Late [X] None

REPLY: None filed as of April 6, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On June 11, 2020, Plaintiff Jesse Jones (“Plaintiff”) filed an action against ET Auto Sales, ET Auto Sales, Inc. (“ET Auto”), and Mario R. Santizo, Trustee to Santizo Trust (“Santizo”). Emilio Turiel dba ET Auto Sales (“Turiel”) filed an Answer on September 4, 2020.

Turiel filed the instant Motion to Compel Responses to Interrogatories, Set One, and Request for Production, Set One, and for Monetary Sanctions (the “Motion”) on February 9, 2021. No opposition was filed.

As an initial matter, the Court notes the Motion does not include copies of the discovery propounded on Plaintiff. Without a copy of the discovery, the Court cannot verify that the discovery complies with the limits set forth in Code of Civil Procedure section 94, subdivision (a). Thus, copies of the discovery served on Plaintiff must be filed with the Court at least 16 court days before the next scheduled hearing.

More importantly, the Court notes that Turiel’s Motion indicates he is doing business both as “ET Auto Sales, Inc.” and as “ET Auto Sales.” (Mot., p. 1.) Thus, it is unclear whether ET Auto is a corporation. If ET Auto is a corporation, Turiel cannot participate in this action on its behalf. A corporation may not appear in court except through licensed counsel. 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).

If ET Auto is a corporation and wishes to continue defending this action, it must do so through licensed counsel. If ET Auto is not a corporation, Turiel must file and serve a supplemental declaration clarifying the situation and attesting to his capacity at ET Auto.

  1. Conclusion & Order

For the foregoing reasons, Emilio Turiel dba ET Auto Sales, Inc.’s Motion to Compel is CONTINUED TO MAY 27, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant ET Auto must file and serve supplemental papers including copies of the discovery propounded on Plaintiff as requested herein. In addition, if Defendant ET Auto is a corporation, it must file proof that it is being represented by counsel at least five (5) days before the next scheduled hearing. If Defendant ET Auto is not a corporation, Emilio Turiel must file and serve a declaration clarifying what the form of his business is and attesting to his capacity at ET Auto.

Failure to comply with the Court’s order may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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