This case was last updated from Los Angeles County Superior Courts on 09/27/2021 at 10:51:22 (UTC).

NASCH WESTLAKE COMMERCE CENTER LP VS COLT MOTOR SPORTS, INC.

Case Summary

On 10/27/2020 NASCH WESTLAKE COMMERCE CENTER LP filed a Contract - Other Contract lawsuit against COLT MOTOR SPORTS, 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 SERENA R. MURILLO. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9053

  • Filing Date:

    10/27/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff and Cross Defendant

NASCH WESTLAKE COMMERCE CENTER LP

Defendants and Cross Plaintiffs

COLT MOTOR SPORTS INC.

COLT SPORT MOTORS INC.

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorney

ZEFF MICHAEL D.

 

Court Documents

Cross-Complaint - Cross-Complaint

1/7/2021: Cross-Complaint - Cross-Complaint

Default Judgment - Default Judgment

4/13/2021: Default Judgment - Default Judgment

Notice of Ruling - Notice of Ruling

3/22/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

3/18/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

2/17/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

2/18/2021: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

2/10/2021: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

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

1/6/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Summons - Summons on Cross Complaint

1/7/2021: Summons - Summons on Cross Complaint

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

12/28/2020: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

12/10/2020: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Complaint - Complaint

10/27/2020: Complaint - Complaint

Summons - Summons on Complaint

10/27/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/27/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

10/27/2020: First Amended Standing Order - First Amended Standing Order

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

10/27/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

5 More Documents Available

 

Docket Entries

  • 04/13/2021
  • DocketDefault judgment by Court entered for Plaintiff Nasch Westlake Commerce Center LP against Defendant Colt Sport Motors, Inc. on the Complaint filed by Nasch Westlake Commerce Center LP on 10/27/2020 for damages of $3,729.00 and costs of $301.95 for a total of $4,030.95.

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  • 04/13/2021
  • DocketDefault Judgment; Signed and Filed by: Nasch Westlake Commerce Center LP (Plaintiff); As to: Colt Sport Motors, Inc. (Defendant)

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  • 04/13/2021
  • DocketUpdated -- Default Judgment: As To Parties changed from Colt Motor Sports, Inc. (Defendant) to Colt Sport Motors, Inc. (Defendant)

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  • 04/13/2021
  • DocketUpdated -- Colt Sport Motors, Inc.: Organization Name changed from Colt Motor Sports, Inc. to Colt Sport Motors, Inc.

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  • 04/13/2021
  • DocketNon-Jury Trial scheduled for 04/26/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 04/13/2021

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  • 04/13/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/31/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 04/13/2021

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  • 03/22/2021
  • DocketNotice of Ruling; Filed by: Nasch Westlake Commerce Center LP (Cross-Defendant)

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  • 03/18/2021
  • DocketUpdated -- Cross-Complaint: Filed By: Colt Motor Sports, Inc. (Cross-Complainant); Result: Stricken; Result Date: 03/18/2021; As To Parties changed from Nasch Westlake Commerce Center LP (Cross-Defendant) to Nasch Westlake Commerce Center LP (Cross-Defendant)

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  • 03/18/2021
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 03/18/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 03/18/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/18/2021; Result Type to Held

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12 More Docket Entries
  • 12/28/2020
  • DocketNotice of Rejection - Pleadings; Filed by: Clerk

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  • 12/10/2020
  • DocketProof of Mailing (Substituted Service); Filed by: Nasch Westlake Commerce Center LP (Plaintiff); As to: Colt Motor Sports, Inc. (Defendant); Mailing Date: 11/21/2020; Service Cost: 76.95; Cost Waived: No

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  • 10/27/2020
  • DocketNon-Jury Trial scheduled for 04/26/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/27/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/31/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/27/2020
  • DocketComplaint; Filed by: Nasch Westlake Commerce Center LP (Plaintiff); As to: Colt Motor Sports, Inc. (Defendant)

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  • 10/27/2020
  • DocketSummons on Complaint; Issued and Filed by: Nasch Westlake Commerce Center LP (Plaintiff); As to: Colt Motor Sports, Inc. (Defendant)

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  • 10/27/2020
  • DocketCivil Case Cover Sheet; Filed by: Nasch Westlake Commerce Center LP (Plaintiff); As to: Colt Motor Sports, Inc. (Defendant)

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  • 10/27/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/27/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 10/27/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC09053    Hearing Date: March 18, 2021    Dept: 26

Nasch Westlake Commerce Center, LP v. Colt Motor Sports, Inc., et al

DEMURRER

(CCP § 430.10)

TENTATIVE RULING:

Cross-Complaint filed by Colt Motor Sports, Inc. on January 7, 2021 is STRUCK.

Demurrer to the Cross-Complaint by Nasch Westlake Commerce Center, LP is PLACED OFF CALENDAR.

ANALYSIS:

On October 27, 2020, Plaintiff Nasch Westlake Commerce Center, LP (“Plaintiff”) filed the instant action against Defendant Colt Motor Sports, Inc. (“Defendant”). Following Defendant’s failure to file a responsive pleading, the Court entered its default on January 6, 2021.

On January 7, 2021, Defendant filed a Cross-Complaint for breach of contract against Plaintiff. The Cross-Complaint was filed by Defendant in pro per.

To the extent that Defendant was in default at the time the Cross-Complaint was filed, Defendant has no right to file a pleading in this action. Entry of default cuts off the defendant’s right to take further affirmative steps such as filing a pleading or motion. (Sporn v. Home Depot USA, Inc. (2005) 126 Cal.App.4th 1294, 1301.) The filing of a pleading by Defendant, therefore, was improper and the Court strikes the Cross-Complaint on its own motion. (Code Civ. Proc., § 436, subd. (b).)

Also, Defendant’s filing of the Cross-Complaint without legal representation was also improper. 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).)

Conclusion

Cross-Complaint filed by Colt Motor Sports, Inc. on January 7, 2021 is STRUCK.

Demurrer to the Cross-Complaint by Nasch Westlake Commerce Center, LP is PLACED OFF CALENDAR.

Moving party to give notice.

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