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This case was last updated from Los Angeles County Superior Courts on 05/26/2019 at 04:13:44 (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 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

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs and Petitioners

BEST 1 TRUCKING

NATIONAL PROGRESSIVE INC

Defendants and Respondents

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

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SLATES RONALD P. ESQ.

TRIPATHI DANIEL JAI

 

Court Documents

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

Unknown

2/8/2017: Unknown

Minute Order

4/13/2017: Minute Order

MENDED PROOF OF SERVICE BY FIRST-CLASS MAIL?CIVIL

5/19/2017: MENDED PROOF OF SERVICE BY FIRST-CLASS MAIL?CIVIL

VERIFIED FIRST AMENDED COMPLAINT FOR MONEY DUE FOR SERVICES RENDERED PURSUANT TO ICC TERMINATION ACT; ETC.

5/30/2017: VERIFIED FIRST AMENDED COMPLAINT FOR MONEY DUE FOR SERVICES RENDERED PURSUANT TO ICC TERMINATION ACT; ETC.

Minute Order

6/2/2017: Minute Order

PROOF OF SERVICE BY FIRST-CLASS MAIL?CIVIL

6/5/2017: PROOF OF SERVICE BY FIRST-CLASS MAIL?CIVIL

NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND ORDER TO SHOW CAUSE RE SERVICE OF SUMMONS AND FIRST AMENDED COMPLAINT

6/7/2017: NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND ORDER TO SHOW CAUSE RE SERVICE OF SUMMONS AND FIRST AMENDED COMPLAINT

PROOF OF SERVICE SUMMONS

6/22/2017: PROOF OF SERVICE SUMMONS

PROOF OF SERVICE SUMMONS

6/22/2017: PROOF OF SERVICE SUMMONS

CIVIL DEPOSIT

6/26/2017: CIVIL DEPOSIT

Minute Order

7/12/2017: Minute Order

Unknown

8/21/2017: Unknown

REQUEST FOR ENTRY OF DEFAULT

8/25/2017: REQUEST FOR ENTRY OF DEFAULT

Minute Order

8/31/2017: Minute Order

NOTICE OF SETTLEMENT OF ENTIRE CASE

11/6/2017: NOTICE OF SETTLEMENT OF ENTIRE CASE

NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE- OTHER: CIVIL

12/7/2017: NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE- OTHER: CIVIL

19 More Documents Available

 

Docket Entries

  • 02/26/2019
  • Substitution of Attorney; Filed by National Progressive, Inc (Plaintiff)

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  • 12/07/2017
  • NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE- OTHER: CIVIL

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  • 11/17/2017
  • Request for Dismissal; Filed by Plaintiff/Petitioner

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  • 11/14/2017
  • at 08:30 AM in Department 31; Unknown Event Type

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  • 11/14/2017
  • Minute order entered: 2017-11-14 00:00:00; Filed by Clerk

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  • 11/07/2017
  • REQUEST FOR DISMISSAL

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  • 11/06/2017
  • NOTICE OF SETTLEMENT OF ENTIRE CASE

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  • 11/06/2017
  • Notice of Settlement; Filed by National Progressive, Inc (Plaintiff)

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  • 09/26/2017
  • Notice; Filed by Plaintiff/Petitioner

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  • 09/26/2017
  • NOTICE OF ORDER TO SHOW CAUSE RE DISMISSAL OF ACTION PURSUANT TO SETTLEMENT OR, IN THE ALTERNATIVE, ORDER TO SHOW CAUSE RE ENTRY OF DEFAULT JUDGMENT

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44 More Docket Entries
  • 04/13/2017
  • Minute Order

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  • 02/08/2017
  • PROOF OF SERVICE SUMMONS

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  • 02/08/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 02/08/2017
  • ORDER TO SHOW CAUSE HEARING

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  • 02/08/2017
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 02/08/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 02/08/2017
  • Proof-Service/Summons

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  • 02/02/2017
  • 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; FAILURE TO PAY MONEY PURSUANT TO A PERSONAL GUARANTY; AND FR

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  • 02/02/2017
  • SUMMONS

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  • 02/02/2017
  • Complaint; Filed by National Progressive, Inc (Plaintiff)

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Tentative Rulings

Case Number: BC649091    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.
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