This case was last updated from Los Angeles County Superior Courts on 09/28/2020 at 05:43:57 (UTC).

MAYRA QUIJADA VS MIRANDA AUTO SALES, INC.,, ET AL.

Case Summary

On 11/05/2018 MAYRA QUIJADA filed an Other lawsuit against MIRANDA AUTO SALES, 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 JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3847

  • Filing Date:

    11/05/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

QUIJADA MAYRA

Defendants

HOUSE OF FINANCE CORP.

MIRANDA AUTO SALES INC.

INTERNATIONAL FIDELITY INSURANCE COMPANY

HUDSON INSURANCE COMPANY

Not Classified By Court

MIRANDA RAYMUNDO

Attorney/Law Firm Details

Plaintiff and Defendant Attorneys

SADR KASRA

ELDER WILLIAM NORMAN

GASCOU CHRISTIAN JEAN

 

Court Documents

Minute Order - Minute Order (Court Order Re: Non-Jury Trial)

8/21/2020: Minute Order - Minute Order (Court Order Re: Non-Jury Trial)

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

3/27/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Hearing on Motion to Quash Service of Summons)

10/24/2019: Minute Order - Minute Order (Hearing on Motion to Quash Service of Summons)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Quash Service of Summons) of 10/24/2019

10/24/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Quash Service of Summons) of 10/24/2019

Motion to Quash Service of Summons - Motion to Quash Service of Summons

6/11/2019: Motion to Quash Service of Summons - Motion to Quash Service of Summons

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

5/21/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

5/1/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

4/22/2019: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

1/4/2019: Proof of Personal Service - Proof of Personal Service

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

1/4/2019: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Proof of Personal Service - Proof of Personal Service

1/4/2019: Proof of Personal Service - Proof of Personal Service

Request for Dismissal - Request for Dismissal

1/4/2019: Request for Dismissal - Request for Dismissal

Answer - Answer

12/18/2018: Answer - Answer

Summons - Summons on Complaint

11/5/2018: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

11/5/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

11/5/2018: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

11/5/2018: First Amended Standing Order - First Amended Standing Order

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

11/5/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

9 More Documents Available

 

Docket Entries

  • 11/08/2021
  • Hearing11/08/2021 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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  • 01/06/2021
  • Hearing01/06/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/23/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 08/27/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 01/06/2021 08:30 AM

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  • 08/21/2020
  • DocketMinute Order (Court Order Re: Non-Jury Trial)

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  • 08/21/2020
  • DocketCertificate of Mailing for (Court Order Re: Non-Jury Trial) of 08/21/2020; Filed by: Clerk

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  • 03/27/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 03/27/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 05/04/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 08/27/2020 08:30 AM

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  • 10/24/2019
  • DocketMinute Order (Hearing on Motion to Quash Service of Summons)

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  • 10/24/2019
  • DocketCertificate of Mailing for (Hearing on Motion to Quash Service of Summons) of 10/24/2019; Filed by: Clerk

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  • 10/24/2019
  • DocketHearing on Motion to Quash Service of Summons scheduled for 10/24/2019 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 10/24/2019; Result Type to Not Held - Taken Off Calendar by Court

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15 More Docket Entries
  • 01/04/2019
  • DocketOn the Complaint filed by Mayra Quijada on 11/05/2018, entered Request for Dismissal with prejudice filed by Mayra Quijada as to International Fidelity Insurance Company

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  • 12/18/2018
  • DocketAnswer; Filed by: House of Finance Corp., (Defendant)

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  • 11/14/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/14/2018
  • DocketNon-Jury Trial scheduled for 05/04/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/05/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 11/05/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/05/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/05/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 11/05/2018
  • DocketCivil Case Cover Sheet; Filed by: Mayra Quijada (Plaintiff)

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  • 11/05/2018
  • DocketComplaint; Filed by: Mayra Quijada (Plaintiff); As to: Miranda Auto Sales, Inc., (Defendant); House of Finance Corp., (Defendant)

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Tentative Rulings

Case Number: 18STLC13847    Hearing Date: October 24, 2019    Dept: 94

MOTION TO QUASH SERVICE

(CCP § 418.10)

TENTATIVE RULING:

Defendant Miranda Auto Sales, Inc.’s Motion to Quash Service of the Summons and Complaint is HEREBY STRUCK AND PLACED OFF CALENDAR.

REQUEST FOR RELIEF: Quash service of Summons and Complaint on the grounds that service was not on an authorized agent, officer, president, chief executive officer, or other head of the corporation, vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial officer, or a general manager.

OPPOSITION: None filed as of October 16, 2019.

ANALYSIS:

On November 5, 2018, Plaintiff Mayra Quijada (“Plaintiff”) filed this action for Violation of the Consumer Legal Remedies Act, Unfair Competition Law, and related claims against Defendants Miranda Auto Sales, Inc. (“Defendant MAS”), House of Finance Corp., and International Fidelity Insurance Company. Plaintiff filed proof of service of the Summons and Complaint as to Defendant MAS on January 4, 2019. On May 21, 2019, the Court entered default against Defendant MAS pursuant to Plaintiff’s request. Defendant MAS filed the instant Motion to Quash Service of Summons and Complaint (“the Motion”) on July 11, 2019. To date, no opposition has been filed.

The Motion is defective in two respects. First, the Motion is made by Defendant MAS through its president, Raymundo Miranda. (Motion, pp. 1, 4.) A corporation, however, 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).

Second, Defendant MAS has been in default since May 21, 2019 and can make no request to the Court other than to vacate the entry of default. “Under Code of Civil Procedure section 585 (judgment on default), the entry of a default terminates a defendant's rights to take any further affirmative steps in the litigation until either the default is set aside or a default judgment is entered. A defendant against whom a default has been entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff's right of action.” (People v. One 1986 Toyota Pickup (1995) 31 Cal.App.4th 254, 259.) Defendant MAS, therefore, has no right to move to quash service of the Summons and Complaint until the entry of default is vacated.

Based on the foregoing, Defendant Miranda Auto Sales, Inc.’s Motion to Quash Service of the Summons and Complaint is HEREBY STRUCK AND PLACED OFF CALENDAR.

Court clerk to give notice.