This case was last updated from Los Angeles County Superior Courts on 10/25/2020 at 04:05:08 (UTC).

TCR SERVICES, INC. VS GREAT AMERICAN INSURANCE COMPANY, ET AL.

Case Summary

On 03/30/2020 TCR SERVICES, INC filed an Other lawsuit against GREAT AMERICAN INSURANCE COMPANY. 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:

    *******2864

  • Filing Date:

    03/30/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

TCR SERVICES INC.

Defendants

THE HANOVER INSURANCE COMPANY

GREAT AMERICAN INSURANCE COMPANY

AWI BUILDERS INC.

Attorney/Law Firm Details

Plaintiff Attorney

WEISSMAN ROBERT

Defendant Attorney

SIRE DAVID JOHN JR.

 

Court Documents

Motion for Reconsideration - Motion for Reconsideration

10/22/2020: Motion for Reconsideration - Motion for Reconsideration

Declaration (name extension) - Declaration Declaration of Keri McCree

10/22/2020: Declaration (name extension) - Declaration Declaration of Keri McCree

Declaration (name extension) - Declaration Declaration of Robert A. Weissman

10/22/2020: Declaration (name extension) - Declaration Declaration of Robert A. Weissman

Notice of Ruling - Notice of Ruling

10/13/2020: Notice of Ruling - Notice of Ruling

Complaint - Complaint

3/30/2020: Complaint - Complaint

Objection (name extension) - Objection Objection to PLaintiff's Late Filed Opposition to Motion to Strike; Declaration of David J. Sire in Support thereof

10/5/2020: Objection (name extension) - Objection Objection to PLaintiff's Late Filed Opposition to Motion to Strike; Declaration of David J. Sire in Support thereof

Notice (name extension) - Notice Defendants' Notice of Hearing on Defendants' Motion to Strike Plaintiff's Complaint

10/6/2020: Notice (name extension) - Notice Defendants' Notice of Hearing on Defendants' Motion to Strike Plaintiff's Complaint

Minute Order - Minute Order (Hearing on Motion to Strike the Complaint of Plaintiff and En...)

10/7/2020: Minute Order - Minute Order (Hearing on Motion to Strike the Complaint of Plaintiff and En...)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/29/2020

6/29/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/29/2020

Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

6/29/2020: Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

Proof of Personal Service - Proof of Personal Service

4/20/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

4/13/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

4/13/2020: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

3/30/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

3/30/2020: Summons - Summons on Complaint

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

3/30/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

3/30/2020: First Amended Standing Order - First Amended Standing Order

9 More Documents Available

 

Docket Entries

  • 04/03/2023
  • Hearing04/03/2023 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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  • 09/27/2021
  • Hearing09/27/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/01/2021
  • Hearing06/01/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Reconsideration

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  • 10/22/2020
  • DocketMotion for Reconsideration; Filed by: TCR Services, Inc. (Plaintiff)

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  • 10/22/2020
  • DocketDeclaration Declaration of Keri McCree; Filed by: TCR Services, Inc. (Plaintiff)

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  • 10/22/2020
  • DocketDeclaration Declaration of Robert A. Weissman; Filed by: TCR Services, Inc. (Plaintiff)

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  • 10/22/2020
  • DocketHearing on Motion for Reconsideration scheduled for 06/01/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 10/13/2020
  • DocketNotice of Ruling; Filed by: AWI Builders, Inc. (Defendant)

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  • 10/07/2020
  • DocketUpdated -- Motion to Strike (not anti-SLAPP) - without Demurrer: Filed By: AWI Builders, Inc. (Defendant); Result: Granted; Result Date: 10/07/2020

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  • 10/07/2020
  • DocketMinute Order (Hearing on Motion to Strike the Complaint of Plaintiff and En...)

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11 More Docket Entries
  • 04/13/2020
  • DocketProof of Personal Service; Filed by: TCR Services, Inc. (Plaintiff); As to: The Hanover Insurance Company (Defendant); Service Date: 04/09/2020; Service Cost: 45.00; Service Cost Waived: No

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  • 04/13/2020
  • DocketProof of Personal Service; Filed by: TCR Services, Inc. (Plaintiff); As to: Great American Insurance Company (Defendant); Service Date: 04/09/2020; Service Cost: 75.00; Service Cost Waived: No

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  • 03/30/2020
  • DocketNon-Jury Trial scheduled for 09/27/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 03/30/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/03/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 03/30/2020
  • DocketComplaint; Filed by: TCR Services, Inc. (Plaintiff); As to: Great American Insurance Company (Defendant); The Hanover Insurance Company (Defendant); AWI Builders, Inc. (Defendant)

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  • 03/30/2020
  • DocketSummons on Complaint; Issued and Filed by: TCR Services, Inc. (Plaintiff); As to: Great American Insurance Company (Defendant); The Hanover Insurance Company (Defendant); AWI Builders, Inc. (Defendant)

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  • 03/30/2020
  • DocketCivil Case Cover Sheet; Filed by: TCR Services, Inc. (Plaintiff); As to: Great American Insurance Company (Defendant); The Hanover Insurance Company (Defendant); AWI Builders, Inc. (Defendant)

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  • 03/30/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/30/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 03/30/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC02864    Hearing Date: October 07, 2020    Dept: 26

TCR Services, Inc. v. Great American Ins. Co., et al.

MOTION TO STRIKE

(CCP §§ 435, et seq., 92)

TENTATIVE RULING:

Defendants AWI Builders, Inc., Great American Insurance Company and The Hanover Insurance Company’s Motion to Strike the Complaint is CONTINUED TO DECEMBER 9, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff TCR Services, Inc. (“Plaintiff”) filed the instant action for breach of construction contract and related claims against Defendants AWI Builders, Inc., Great American Insurance Company and The Hanover Insurance Company (“Defendants”) on March 30, 2020. Defendants filed the instant Motion to Strike on June 29, 2020. To date, no opposition has been filed.

Discussion

As an initial matter, there is no proof of service of the notice of hearing on Plaintiff. The Court set the Motion to Strike for hearing on June 29, 2020 and instructed moving party to give notice. (Minute Order, 6/29/20.) The Court’s minute order was served only on Defendants. (Certificate of Mailing, 6/29/20.) Notice of the hearing must be provided to Plaintiff and proof of service of the same filed with the Court.

Regarding the merits, the Motion to Strike the Complaint is brought pursuant to Code of Civil Procedure section 436 on the grounds that Plaintiff, was a dissolved corporation as of the date the alleged breach of contract and a dissolved corporation is not permitted to conduct any business after dissolution.

California law authorizes a party’s motion to strike matter from an opposing party’s pleading if it is irrelevant, false, or improper. (Code Civ. Proc., §§ 435; 436, subd. (a).) Motions may also target pleadings or parts of pleadings which are not filed or drawn in conformity with applicable laws, rules or orders. (Code Civ. Proc., § 436, subd. (b).) 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).)

Finally, Code Civ. Procedure section 435.5 requires that “[b]efore filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining whether an agreement can be reached that resolves the objections to be raised in the motion to strike.” (Code Civ. Proc., § 435.5, subd. (a).) The Motion to Strike is accompanied by a meet and confer declaration as required. (Motion, Sire Decl., ¶7.)

Pursuant to Cal. Evidence Code section 452, subdivision (d), the Court takes judicial notice of Plaintiff’s filings with the California Secretary of State, which demonstrate that a certificate of dissolution was filed for Plaintiff on January 7, 2019. (Motion, Sire Decl., Exhs. A and B.) Additionally, Plaintiff’s Contractors State License Board License was suspended on May 15, 2019 due to its dissolution. (Id. at Exh. C.)

Despite having been dissolved effective January 7, 2019, Plaintiff filed the instant action for breach of construction contract and related claims in March 2020. The Complaint appears to improperly allege that Plaintiffs are owed damages under the agreement starting from August 23, 2019. (Compl., ¶¶11, 12, 17 and 32.) The damages sought in this action are allegedly for a time after the dissolution of Plaintiff’s corporate form, which is not permitted by law. “It is settled beyond question that, except as otherwise provided by statute, the effect of the dissolution of a corporation is to terminate its existence as a legal entity, and render it incapable of suing or being sued as a corporate body or in its corporate name.” (Emphasis added.) (J. C. Peacock, Inc. v. Hasko (1960) 184 Cal.App.2d 142, 150-151.) The only exception is for a dissolved corporation’s pending claims. (Ibid.) Therefore, not only do the allegations regarding Plaintiff’s damages fail to support the claims against Defendant, the Complaint itself was apparently filed after Plaintiff’s dissolution.

Conclusion

Defendants AWI Builders, Inc., Great American Insurance Company and The Hanover Insurance Company’s Motion to Strike the Complaint is CONTINUED TO DECEMBER 9, 2020 AT 10:30AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE HEARING DATE, DEFENDANTS ARE TO SERVE NOTICE OF THE NEW HEARING DATE AND FILE PROOF OF SERVICE OF THE SAME.

Moving party to give notice.