ORA ILOULIAN VS FLORENCE MAILBOX & BUSINESS CENTER INTERNATIONAL, LLC
Case Summary
On 11/30/2020 ORA ILOULIAN filed a Contract - Other Contract lawsuit against FLORENCE MAILBOX BUSINESS CENTER INTERNATIONAL, LLC. 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 Pending - Other Pending.
Case Details
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Case Number:
*******9946
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Filing Date:
11/30/2020
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Case Status:
Pending - Other Pending
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Court:
Los Angeles County Superior Courts
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Courthouse:
Spring Street Courthouse
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County, State:
Los Angeles, California
Judge Details
Judge
SERENA R. MURILLO
Party Details
Plaintiff
ILOULIAN ORA
Defendant
FLORENCE MAILBOX & BUSINESS CENTER INTERNATIONAL LLC
Attorney/Law Firm Details
Plaintiff Attorney
ILOULIAN JACOB
Defendant Attorney
SAFAIE MAJID
Court Documents
2/16/2021: Minute Order - Minute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))
2/8/2021: Substitution of Attorney - Substitution of Attorney
2/9/2021: Answer - Amended Answer
1/11/2021: Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)
1/11/2021: Motion to Strike (not initial pleading) - Motion to Strike (not initial pleading)
12/31/2020: Answer - Answer
11/30/2020: First Amended Standing Order - First Amended Standing Order
11/30/2020: Summons - Summons on Complaint
11/30/2020: Complaint - Complaint
11/30/2020: Civil Case Cover Sheet - Civil Case Cover Sheet
11/30/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Docket Entries
- 12/04/2023
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Hearing12/04/2023 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
- 05/31/2022
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Hearing05/31/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
- 02/16/2021
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DocketUpdated -- Demurrer - with Motion to Strike (CCP 430.10): Filed By: Ora Iloulian (Plaintiff); Result: Overruled; Result Date: 02/16/2021
- 02/16/2021
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DocketMinute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))
- 02/16/2021
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DocketHearing on Demurrer - with Motion to Strike (CCP 430.10) scheduled for 02/16/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 02/16/2021; Result Type to Held - Motion Denied
- 02/09/2021
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DocketAmended Answer; Filed by: FLORENCE MAILBOX & BUSINESS CENTER INTERNATIONAL, LLC (Defendant); As to: Ora Iloulian (Plaintiff)
- 02/08/2021
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DocketSubstitution of Attorney; Filed by: FLORENCE MAILBOX & BUSINESS CENTER INTERNATIONAL, LLC (Defendant)
- 01/11/2021
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DocketMotion to Strike (not initial pleading); Filed by: Ora Iloulian (Plaintiff)
- 01/11/2021
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DocketDemurrer - with Motion to Strike (CCP 430.10); Filed by: Ora Iloulian (Plaintiff)
- 01/11/2021
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DocketHearing on Demurrer - with Motion to Strike (CCP 430.10) scheduled for 02/16/2021 at 10:30 AM in Spring Street Courthouse at Department 26
- 12/31/2020
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DocketAnswer; Filed by: FLORENCE MAILBOX & BUSINESS CENTER INTERNATIONAL, LLC (Defendant)
- 11/30/2020
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DocketComplaint; Filed by: Ora Iloulian (Plaintiff); As to: FLORENCE MAILBOX & BUSINESS CENTER INTERNATIONAL, LLC (Defendant)
- 11/30/2020
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DocketCivil Case Cover Sheet; Filed by: Ora Iloulian (Plaintiff); As to: FLORENCE MAILBOX & BUSINESS CENTER INTERNATIONAL, LLC (Defendant)
- 11/30/2020
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DocketSummons on Complaint; Issued and Filed by: Ora Iloulian (Plaintiff); As to: FLORENCE MAILBOX & BUSINESS CENTER INTERNATIONAL, LLC (Defendant)
- 11/30/2020
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DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 11/30/2020
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DocketFirst Amended Standing Order; Filed by: Clerk
- 11/30/2020
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DocketNon-Jury Trial scheduled for 05/31/2022 at 08:30 AM in Spring Street Courthouse at Department 26
- 11/30/2020
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DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/04/2023 at 08:30 AM in Spring Street Courthouse at Department 26
- 11/30/2020
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DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse
Tentative Rulings
Case Number: 20STLC09946 Hearing Date: February 16, 2021 Dept: 26
Iloulian v. Florence Mailbox & Business Center, International, LLC et al.
DEMURRER; MOTION TO STRIKE
(CCP §§ 430.10, 436)
TENTATIVE RULING:
Plaintiff Ora Iloulian’s Demurrer to the Answer is OVERRULED.
Plaintiff Ora Iloulian’s Motion to Strike the Answer is DENIED.
ANALYSIS:
On November 30, 2020, Plaintiff Ora Illoulian (“Plaintiff”) filed the instant action against Defendant Florence Mailbox & Business Center, International, LLC. (“Defendant”). On December 31, 2020, Defendant filed an Answer to the Complaint.
Plaintiff filed the instant Demurrer to the Answer and Motion to Strike the Answer on January 11, 2021. Defendant filed a Substitution of Attorney on February 8, 2021 and an Amended Answer on February 9, 2021.
Discussion
The motions are accompanied by a meet and confer declarations as required by Code of Civil Procedure sections 430.41 and 435.5. (Demurrer, Illoulian Decl., ¶3; Motion to Strike, Iloulian Decl., ¶3.) The motions are brought on the grounds that the Answer was filed in pro per, which is improper for a business entity.
However, only general demurrers are permitted in court of limited jurisdiction. (Code Civ. Proc., § 92, subd. (c).) “A general demurrer ‘searches the complaint’ or the particular count to which it is directed, for any and every failure to state a material fact. In other words, the absence of any allegation essential to the cause of action makes the complaint vulnerable to a general demurrer. The ruling on a general demurrer is thus a method of deciding the cause on the merits on assumed facts (those alleged) without a trial. (3 Witkin, Cal. Procedure (2d ed. 1971) § 802, p. 2415.)” (Banerian v. O'Malley (1974) 42 Cal.App.3d 604, 610–611; Code Civ. Proc., § 430.10, subd. (e).) As the challenge raised by this Demurrer does not pertain to whether the Answer fails to state facts sufficient to state an affirmative defense, it is improper under the moving statute.
Similarly, motions to strike in limited jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (Code Civ. Proc., § 92, subd. (d).) Defendant’s filing of an Answer in pro per is not properly raised on a motion to strike.
Finally, as Defendant has obtained legal counsel and filed an Amended Answer, the challenge raised in the Demurrer and Motion to Strike are now moot.
Conclusion
Plaintiff Ora Iloulian’s Demurrer to the Answer is OVERRULED. Plaintiff Ora Iloulian’s Motion to Strike the Answer is DENIED.
Defendant to give notice.
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