This case was last updated from Los Angeles County Superior Courts on 10/15/2021 at 02:30:09 (UTC).

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 Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9946

  • Filing Date:

    11/30/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • 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

Notice of Ruling - Notice of Ruling

7/29/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Compel Responses to Interrogatories, and...)

7/29/2021: Minute Order - Minute Order (Hearing on Motion to Compel Responses to Interrogatories, and...)

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

6/16/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

3/9/2021: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Minute Order - Minute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

2/16/2021: Minute Order - Minute Order (Hearing on Demurrer - with Motion to Strike (CCP 430.10))

Substitution of Attorney - Substitution of Attorney

2/8/2021: Substitution of Attorney - Substitution of Attorney

Answer - Amended Answer

2/9/2021: Answer - Amended Answer

Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

1/11/2021: Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

Motion to Strike (not initial pleading) - Motion to Strike (not initial pleading)

1/11/2021: Motion to Strike (not initial pleading) - Motion to Strike (not initial pleading)

Answer - Answer

12/31/2020: Answer - Answer

First Amended Standing Order - First Amended Standing Order

11/30/2020: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

11/30/2020: Summons - Summons on Complaint

Complaint - Complaint

11/30/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

11/30/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

11/30/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3 More Documents Available

 

Docket Entries

  • 12/04/2023
  • 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

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  • 05/31/2022
  • Hearing05/31/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/29/2021
  • DocketUpdated -- Motion to Compel Responses to Interrogatories, and for Monetary Sanctions: Name Extension changed from TO COMPEL RESPONSES TO INTERROGATORIES, AND FOR MONETARY SANCTIONS; to RESPONSES TO INTERROGATORIES, AND FOR MONETARY SANCTIONS;; Exact Name: Motion to Compel Responses to Interrogatories, and for Monetary Sanctions; As To Parties changed from FLORENCE MAILBOX & BUSINESS CENTER INTERNATIONAL, LLC (Defendant) to FLORENCE MAILBOX & BUSINESS CENTER INTERNATIONAL, LLC (Defendant)

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  • 07/29/2021
  • DocketUpdated -- Motion to Compel Responses to Interrogatories, and for Monetary Sanctions: Filed By: Ora Iloulian (Plaintiff); Result: Denied; Result Date: 07/29/2021

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  • 07/29/2021
  • DocketNotice of Ruling; Filed by: Ora Iloulian (Plaintiff)

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  • 07/29/2021
  • DocketMinute Order (Hearing on Motion to Compel Responses to Interrogatories, and...)

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  • 07/29/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 07/29/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 07/29/2021; Result Type to Held - Motion Denied

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  • 07/28/2021
  • DocketAddress for Ora Iloulian (Plaintiff) updated

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  • 07/28/2021
  • DocketAddress for Jacob Iloulian (Attorney) updated

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  • 06/16/2021
  • DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; Filed by: Ora Iloulian (Plaintiff); As to: FLORENCE MAILBOX & BUSINESS CENTER INTERNATIONAL, LLC (Defendant)

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10 More Docket Entries
  • 01/11/2021
  • 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

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  • 12/31/2020
  • DocketAnswer; Filed by: FLORENCE MAILBOX & BUSINESS CENTER INTERNATIONAL, LLC (Defendant)

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  • 11/30/2020
  • DocketComplaint; Filed by: Ora Iloulian (Plaintiff); As to: FLORENCE MAILBOX & BUSINESS CENTER INTERNATIONAL, LLC (Defendant)

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  • 11/30/2020
  • DocketCivil Case Cover Sheet; Filed by: Ora Iloulian (Plaintiff); As to: FLORENCE MAILBOX & BUSINESS CENTER INTERNATIONAL, LLC (Defendant)

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  • 11/30/2020
  • DocketSummons on Complaint; Issued and Filed by: Ora Iloulian (Plaintiff); As to: FLORENCE MAILBOX & BUSINESS CENTER INTERNATIONAL, LLC (Defendant)

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  • 11/30/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/30/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/30/2020
  • DocketNon-Jury Trial scheduled for 05/31/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 11/30/2020
  • 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

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  • 11/30/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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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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