This case was last updated from Los Angeles County Superior Courts on 10/19/2021 at 17:03:45 (UTC).

NATIONAL PROGRESSIVE INC ET AL VS ESSENTIAL FREIGHT CA INC

Case Summary

On 02/02/2017 NATIONAL PROGRESSIVE INC filed a Contract - Debt Collection lawsuit against ESSENTIAL FREIGHT CA INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is YOLANDA OROZCO. The case status is Disposed - Dismissed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9091

  • Filing Date:

    02/02/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Debt Collection

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

YOLANDA OROZCO

 

Party Details

Petitioners and Plaintiffs

BEST 1 TRUCKING

NATIONAL PROGRESSIVE INC

Respondents and Defendants

ESSENTIAL FREIGHT CALIFORNIA INC

ESSENTIAL FREIGHT SYSTEMS INC

ESSENTIAL FREIGHT SYSTEMS

ESSENTIAL FREIGHT NEW JERSEY INC

JACKMOON CORP

DOES 1 TO 50

O'NEIL DENNIS

Not Classified By Court

RONALD P SLATES P.C.

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

SLATES RONALD P. ESQ.

TRIPATHI DANIEL JAI

 

Court Documents

Substitution of Attorney

2/26/2019: Substitution of Attorney

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

3/6/2020: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Proof of Service by Mail

3/6/2020: Proof of Service by Mail

Motion to Be Relieved as Counsel

3/6/2020: Motion to Be Relieved as Counsel

Notice - NOTICE OF NON-OPPOSITION TO NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL

4/9/2020: Notice - NOTICE OF NON-OPPOSITION TO NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/14/2020

4/14/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/14/2020

Minute Order - MINUTE ORDER (COURT ORDER)

4/14/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NUNC PRO TUNC ORDER) OF 04/17/2020

4/17/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NUNC PRO TUNC ORDER) OF 04/17/2020

Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

4/17/2020: Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

Notice - NOTICE OF ENTRY OF JUDGMENT OR ORDER

4/24/2020: Notice - NOTICE OF ENTRY OF JUDGMENT OR ORDER

Notice - NOTICE OF NON-OPPOSITION TO NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL

7/1/2020: Notice - NOTICE OF NON-OPPOSITION TO NOTICE OF MOTION AND MOTION TO BE RELIEVED AS COUNSEL

Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL)

7/10/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL)

Notice of Ruling

8/21/2020: Notice of Ruling

SUMMONS -

2/2/2017: SUMMONS -

VERIFIED COMPLAINT FOR MONEY DUE FOR SERVICES RENDERED PURSUANT TO ICC TERMINATION ACT; BREACH OF WRITIEN CONTRACT; BREACH OF ORAL CONTRACT; SERVICES RENDERED; ACCOUNT STATED; OPEN BOOK ACCOUNT; FAILU

2/2/2017: VERIFIED COMPLAINT FOR MONEY DUE FOR SERVICES RENDERED PURSUANT TO ICC TERMINATION ACT; BREACH OF WRITIEN CONTRACT; BREACH OF ORAL CONTRACT; SERVICES RENDERED; ACCOUNT STATED; OPEN BOOK ACCOUNT; FAILU

NOTICE OF CASE MANAGEMENT CONFERENCE

2/8/2017: NOTICE OF CASE MANAGEMENT CONFERENCE

PROOF OF SERVICE SUMMONS -

2/8/2017: PROOF OF SERVICE SUMMONS -

ORDER TO SHOW CAUSE HEARING -

2/8/2017: ORDER TO SHOW CAUSE HEARING -

32 More Documents Available

 

Docket Entries

  • 08/21/2020
  • DocketNotice of Ruling; Filed by Ronald P Slates, P.C. (Non-Party)

    [+] Read More [-] Read Less
  • 07/10/2020
  • Docketat 3:00 PM in Department 31, Yolanda Orozco, Presiding; Hearing on Motion to be Relieved as Counsel - Held

    [+] Read More [-] Read Less
  • 07/10/2020
  • DocketMinute Order ( (Hearing on Motion to be Relieved as Counsel)); Filed by Clerk

    [+] Read More [-] Read Less
  • 07/01/2020
  • DocketNotice (of Non-Opposition to Notice of Motion and Motion to Be Relieved As Counsel); Filed by Ronald P Slates, P.C. (Non-Party)

    [+] Read More [-] Read Less
  • 04/24/2020
  • DocketNotice (of Entry of Judgment or Order); Filed by Ronald P Slates, P.C. (Non-Party); National Progressive, Inc (Plaintiff)

    [+] Read More [-] Read Less
  • 04/20/2020
  • Docketat 08:30 AM in Department 31, Yolanda Orozco, Presiding; Hearing on Motion to be Relieved as Counsel - Not Held - Advanced and Continued - by Court

    [+] Read More [-] Read Less
  • 04/17/2020
  • Docketat 08:31 AM in Department 31, Yolanda Orozco, Presiding; Nunc Pro Tunc Order

    [+] Read More [-] Read Less
  • 04/17/2020
  • Docketat 08:31 AM in Department 31, Yolanda Orozco, Presiding; Nunc Pro Tunc Order

    [+] Read More [-] Read Less
  • 04/17/2020
  • DocketCertificate of Mailing for ((Nunc Pro Tunc Order) of 04/17/2020); Filed by Clerk

    [+] Read More [-] Read Less
  • 04/17/2020
  • DocketMinute Order ( (Nunc Pro Tunc Order)); Filed by Clerk

    [+] Read More [-] Read Less
61 More Docket Entries
  • 04/13/2017
  • DocketMinute order entered: 2017-04-13 00:00:00; Filed by Clerk

    [+] Read More [-] Read Less
  • 02/08/2017
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

    [+] Read More [-] Read Less
  • 02/08/2017
  • DocketProof-Service/Summons

    [+] Read More [-] Read Less
  • 02/08/2017
  • DocketORDER TO SHOW CAUSE HEARING

    [+] Read More [-] Read Less
  • 02/08/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

    [+] Read More [-] Read Less
  • 02/08/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

    [+] Read More [-] Read Less
  • 02/08/2017
  • DocketPROOF OF SERVICE SUMMONS

    [+] Read More [-] Read Less
  • 02/02/2017
  • DocketVERIFIED COMPLAINT FOR MONEY DUE FOR SERVICES RENDERED PURSUANT TO ICC TERMINATION ACT; BREACH OF WRITIEN CONTRACT; BREACH OF ORAL CONTRACT; SERVICES RENDERED; ACCOUNT STATED; OPEN BOOK ACCOUNT; FAILURE TO PAY MONEY PURSUANT TO A PERSONAL GUARANTY; AND FR

    [+] Read More [-] Read Less
  • 02/02/2017
  • DocketComplaint; Filed by National Progressive, Inc (Plaintiff)

    [+] Read More [-] Read Less
  • 02/02/2017
  • DocketSUMMONS

    [+] Read More [-] Read Less

Tentative Rulings

Case Number: ****9091    Hearing Date: July 10, 2020    Dept: 31

Attorney Ronald P. Slates’ Motion to be Relieved as Counsel is taken OFF CALENDAR. 

Upon review of the case, the Court notes that this matter was dismissed without prejudice on November 7, 2017. The Request for Dismissal sought the dismissal of the “entire action of all parties and all causes of action without prejudice subject to the Court’s retention of jurisdiction over the parties pursuant to California Civil Procedure Code section 664.6 . . .”

““[V]oluntary dismissal of an action or special proceeding terminates the court’s jurisdiction over the matter.” [Citation.] “If requested by the parties,” however, “the [trial] court may retain jurisdiction over the parties to enforce [a] settlement until performance in full of the terms of the settlement.” [Citation.] “Because of its summary nature, strict compliance with the requirements of section 664.6 is prerequisite to invoking the power of the court to impose a settlement agreement.” [Citation.]” (Mesa RHF Partners, L.P. v. City of Los Angeles (2019) 33 Cal.App.5th 913, 917.)

“A request for the trial court to retain jurisdiction under section 664.6 “must conform to the same three requirements which the Legislature and the courts have deemed necessary for section 664.6 enforcement of the settlement itself: the request must be made (1) during the pendency of the case, not after the case has been dismissed in its entirety, (2) by the parties themselves, and (3) either in a writing signed by the parties or orally before the court.” [Citation.] The “request must be express, not implied from other language, and it must be clear and unambiguous.” [Citation.]” (Mesa RHF Partners, L.P. v. City of Los Angeles (2019) 33 Cal.App.5th 913, 917.)

The Request for Dismissal here was signed only by counsel for Plaintiffs, Jesse Yanco. Moreover, nothing before the Court indicates that counsel, much less the parties, orally requested that the Court retain jurisdiction during the pendency of the case. As held by the California Supreme Court, “the term “parties” as used in section 664.6 (“If parties to pending litigation stipulate ... for settlement of the case ...”) means the litigants themselves, and does not include their attorneys of record.” (Levy v. Superior Court (1995) 10 Cal.4th 578, 586.) Accordingly, the Request for Dismissal did not contain a sufficient request that the Court retain jurisdiction. Upon entry of the Request for Dismissal on November 7, 2017, the Court was divested of its jurisdiction over the parties. The Court is thus without jurisdiction to entertain a motion to be relieved.

Based on the foregoing, Attorney Ronald P. Slates’ Motion to be Relieved as Counsel is taken OFF CALENDAR.

The parties are strongly encouraged to attend all scheduled hearings by telephone or CourtCall. All social distancing protocols will be observed at the Courthouse and in the courtrooms.

Attorney Slates is ordered to give notice to his client and all parties.


related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where ESSENTIAL FREIGHT SYSTEMS INC is a litigant

Latest cases where ESSENTIAL FREIGHT CALIFORNIA INC is a litigant

Latest cases where RONALD P. SLATES P.C. is a litigant

Latest cases where NATIONAL PROGRESSIVE INC. A CORPORATION is a litigant