This case was last updated from Los Angeles County Superior Courts on 09/27/2021 at 06:28:11 (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 Judges overseeing this case are SERENA R. MURILLO and STEPHEN M. MOLONEY. 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

  • County, State:

    Los Angeles, California

Judge Details

Judges

SERENA R. MURILLO

STEPHEN M. MOLONEY

 

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

Defendant Attorney

RUBINFELD JONATHAN LOUIS

 

Court Documents

Notice of Ruling - Notice of Ruling

7/22/2021: Notice of Ruling - Notice of Ruling

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

10/9/2020: Motion to Strike (not initial pleading) - Motion to Strike (not initial pleading)

Declaration (name extension) - Declaration DECLARATION OF ARMIN BARSEGYAN RE: NON-RECEIPT OF DEFENDANT CALIFORNIA C.A.R.S.S OPPOSITION TO PLAINTIFF R. DAVID DIJULIOS MOTION TO STRIKE ANSWER AND MEM

3/17/2021: Declaration (name extension) - Declaration DECLARATION OF ARMIN BARSEGYAN RE: NON-RECEIPT OF DEFENDANT CALIFORNIA C.A.R.S.S OPPOSITION TO PLAINTIFF R. DAVID DIJULIOS MOTION TO STRIKE ANSWER AND MEM

Minute Order - Minute Order (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer)

3/23/2021: Minute Order - Minute Order (Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer)

Answer - Answer

4/21/2021: Answer - Answer

Minute Order - Minute Order (Order to Show Cause Re: Status of Defendant's Legal Represent...)

5/25/2021: Minute Order - Minute Order (Order to Show Cause Re: Status of Defendant's Legal Represent...)

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Status of Defendant's Legal Represent...) of 05/25/2021

5/25/2021: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Status of Defendant's Legal Represent...) of 05/25/2021

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

7/14/2021: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Witness List - Witness List Amended

7/15/2021: Witness List - Witness List Amended

Minute Order - Minute Order (Non-Jury Trial;)

7/16/2021: Minute Order - Minute Order (Non-Jury Trial;)

Minute Order - Minute Order (Non-Jury Trial)

7/16/2021: Minute Order - Minute Order (Non-Jury Trial)

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

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

Complaint - Complaint

1/17/2020: Complaint - Complaint

Summons - Summons on Complaint

1/17/2020: Summons - Summons on Complaint

15 More Documents Available

 

Docket Entries

  • 07/22/2021
  • DocketNotice of Ruling; Filed by: R.David DiJulio (Plaintiff)

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  • 07/16/2021
  • DocketUpdated -- Witness List - Joint Amended: Name Extension changed from Amended to - Joint Amended; As To Parties: removed

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  • 07/16/2021
  • DocketNon-Jury Trial scheduled for 07/16/2021 at 09:45 AM in Spring Street Courthouse at Department 4

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  • 07/16/2021
  • DocketElection to Forgo Affidavit (CCP 170.6) as to Judge Stephen M. Moloney; Filed by: Clerk

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  • 07/16/2021
  • DocketNon-Jury Trial scheduled for 07/16/2021 at 04:00 PM in Spring Street Courthouse at Department 4

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  • 07/16/2021
  • DocketNon-Appearance Case Review re: Confirmation of Dismissal Filed scheduled for 08/10/2021 at 08:30 AM in Spring Street Courthouse at Department 4

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  • 07/16/2021
  • DocketLimited Jurisdiction Trial Transfer Order to Judge Moloney, Dept. 4, Spring Street Court, OTR forthwith; Signed and Filed by: Clerk

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  • 07/16/2021
  • DocketThis case is assigned to Judge Stephen M. Moloney in Department 4 at Spring Street Courthouse for trial purposes only.

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  • 07/16/2021
  • DocketMinute Order (Non-Jury Trial;)

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  • 07/16/2021
  • DocketMinute Order (Non-Jury Trial)

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25 More Docket Entries
  • 02/28/2020
  • DocketResponse Denial; Filed by: Complete Automotive Reconditioning Specialists LLC (Defendant)

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  • 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

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

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  • 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

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

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

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

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

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

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

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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.

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