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.
*******3847
11/05/2018
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JON R. TAKASUGI
QUIJADA MAYRA
HOUSE OF FINANCE CORP.
MIRANDA AUTO SALES INC.
INTERNATIONAL FIDELITY INSURANCE COMPANY
HUDSON INSURANCE COMPANY
MIRANDA RAYMUNDO
SADR KASRA
ELDER WILLIAM NORMAN
GASCOU CHRISTIAN JEAN
12/18/2020: Stipulation and Order (name extension) - Stipulation and Order to Continue Trial and Order Thereon
12/23/2020: Notice (name extension) - Notice of Continuance of Trial
8/21/2020: Minute Order - Minute Order (Court Order Re: Non-Jury Trial)
3/27/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
10/24/2019: Minute Order - Minute Order (Hearing on Motion to Quash Service of Summons)
10/24/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Quash Service of Summons) of 10/24/2019
6/11/2019: Motion to Quash Service of Summons - Motion to Quash Service of Summons
5/21/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
4/22/2019: Proof of Personal Service - Proof of Personal Service
1/4/2019: Proof of Personal Service - Proof of Personal Service
1/4/2019: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)
1/4/2019: Request for Dismissal - Request for Dismissal
12/18/2018: Answer - Answer
11/5/2018: Summons - Summons on Complaint
11/5/2018: Civil Case Cover Sheet - Civil Case Cover Sheet
11/5/2018: Complaint - Complaint
11/5/2018: First Amended Standing Order - First Amended Standing Order
11/5/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing07/28/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketNotice of Continuance of Trial; Filed by: House of Finance Corp., (Defendant); As to: Mayra Quijada (Plaintiff); Hudson Insurance Company (Defendant)
DocketPursuant to written stipulation, Non-Jury Trial scheduled for 01/06/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Party was rescheduled to 07/28/2021 08:30 AM
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/08/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 12/18/2020
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
DocketCertificate of Mailing for (Court Order Re: Non-Jury Trial) of 08/21/2020; Filed by: Clerk
DocketMinute Order (Court Order Re: Non-Jury Trial)
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
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
DocketCertificate of Mailing for (Hearing on Motion to Quash Service of Summons) of 10/24/2019; Filed by: Clerk
DocketUpdated -- Request for Dismissal: Filed By: Mayra Quijada (Plaintiff); Result: Entered; Result Date: 01/04/2019; As To Parties changed from Mayra Quijada (Plaintiff), House of Finance Corp., (Defendant), Miranda Auto Sales, Inc., (Defendant), International Fidelity Insurance Company (Defendant) to International Fidelity Insurance Company (Defendant)
DocketAnswer; Filed by: House of Finance Corp., (Defendant)
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
DocketNon-Jury Trial scheduled for 05/04/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Jon R. Takasugi 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: Clerk
DocketCivil Case Cover Sheet; Filed by: Mayra Quijada (Plaintiff)
DocketComplaint; Filed by: Mayra Quijada (Plaintiff); As to: Miranda Auto Sales, Inc., (Defendant); House of Finance Corp., (Defendant)
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.