Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 07/22/2020 at 10:35:50 (UTC).

R.DAVID DIJULIO VS COMPLETE AUTOMOTIVE RECONDITIONING SPECIALISTS LLC AKA CALIFORNIA C.A.R.S.

Case Summary

On 01/17/2020 R DAVID DIJULIO filed a Contract - Other Contract lawsuit against COMPLETE AUTOMOTIVE RECONDITIONING SPECIALISTS LLC AKA CALIFORNIA C A R S. 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:

    *******0573

  • Filing Date:

    01/17/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

DIJULIO R.DAVID

Defendant

COMPLETE AUTOMOTIVE RECONDITIONING SPECIALISTS LLC AKA CALIFORNIA C.A.R.S.

Attorney/Law Firm Details

Plaintiff Attorney

GROUP DIJULIO

 

Court Documents

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

3/13/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

3/13/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Response (name extension) - Response Denial

2/28/2020: Response (name extension) - Response Denial

Proof of Service by Substituted Service - Proof of Service by Substituted Service

2/13/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Civil Case Cover Sheet - Civil Case Cover Sheet

1/21/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

1/17/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

1/17/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

1/17/2020: Complaint - Complaint

Summons - Summons on Complaint

1/17/2020: Summons - Summons on Complaint

 

Docket Entries

  • 01/20/2023
  • Hearing01/20/2023 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

    Read MoreRead Less
  • 07/16/2021
  • Hearing07/16/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

    Read MoreRead Less
  • 03/13/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: R.David DiJulio (Plaintiff)

    Read MoreRead Less
  • 03/13/2020
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

    Read MoreRead Less
  • 02/28/2020
  • DocketResponse Denial; Filed by: Complete Automotive Reconditioning Specialists LLC (Defendant)

    Read MoreRead Less
  • 02/13/2020
  • DocketProof of Service by Substituted Service; Filed by: R.David DiJulio (Plaintiff); As to: Complete Automotive Reconditioning Specialists LLC (Defendant); Proof of Mailing Date: 01/30/2020; Service Cost: 90.00; Service Cost Waived: No

    Read MoreRead Less
  • 01/21/2020
  • DocketNon-Jury Trial scheduled for 07/16/2021 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 01/21/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/20/2023 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 01/21/2020
  • DocketCivil Case Cover Sheet; Filed by: R.David DiJulio (Plaintiff)

    Read MoreRead Less
  • 01/21/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

    Read MoreRead Less
  • 01/17/2020
  • DocketComplaint; Filed by: R.David DiJulio (Plaintiff); As to: Complete Automotive Reconditioning Specialists LLC (Defendant)

    Read MoreRead Less
  • 01/17/2020
  • DocketSummons on Complaint; Issued and Filed by: R.David DiJulio (Plaintiff); As to: Complete Automotive Reconditioning Specialists LLC (Defendant)

    Read MoreRead Less
  • 01/17/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 01/17/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 20STLC00573    Hearing Date: March 23, 2021    Dept: 26

Dijulio v. Complete Automotive Reconditioning Specialists, LLC, et al.

MOTION TO STRIKE

(CCP §§ 435, et seq., 92)

TENTATIVE RULING:

Plaintiff R. David Dijulio’s Motion to Strike Defendant Complete Automotive Reconditioning Specialists, LLC’s Answer is DENIED.

THE COURT SETS AN ORDER TO SHOW CAUSE REGARDING THE STATUS OF DEFENDANT’S LEGAL REPRESENTATION FOR MAY 25, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff R. David Dijulio (“Plaintiff”) filed the instant action for breach of contract, common counts and negligence against Defendant Complete Automotive Reconditioning Specialists, LLC (“Defendant”) on January 17, 2020. On February 28, 2020, Defendant filed an Answer in pro se. Plaintiff filed the instant Motion to Strike Answer on October 9, 2020. To date, no opposition has been filed. Plaintiff filed a notice of non-opposition on March 17, 2021.

Discussion

The Motion to Strike is brought pursuant to Code of Civil Procedure section 436 on the grounds that Defendant, despite being a corporation, was not represented by an attorney at the time the Answer was filed. Motions to strike in courts of limited jurisdiction, however, may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (Code of Civ. Proc., § 92, subd. (d).) As the request to strike the Answer raised by this Motion does not pertain to whether the damages alleged or relief sought are supported by the allegations, it cannot be raised in this Court.

That being said, it is black letter law that a corporation cannot represent itself in court. (Clean Air Transport Systems v. San Mateo County Transit Dist. (1988) 198 Cal.App.3d 576, 578 (citing Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 729-730).) This rule applies to all entities regarded as separate from their owners, including partnerships and unincorporated associations. (See Clean Air Transport Systems, supra, 19 Cal.App.3d at 578.) Defendant should not have filed the Answer without proper legal representation and must appear through an attorney going forward.

Conclusion

Plaintiff R. David Dijulio’s Motion to Strike Defendant Complete Automotive Reconditioning Specialists, LLC’s Answer is DENIED.

THE COURT SETS AN ORDER TO SHOW CAUSE REGARDING THE STATUS OF DEFENDANT’S LEGAL REPRESENTATION FOR MAY 25, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where COMPLETE AUTOMOTIVE RECONDITIONING SPECIALISTS LLC. A LIMITED LIABILITY COMPANY DBA CARS is a litigant