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.
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
BEST 1 TRUCKING
NATIONAL PROGRESSIVE INC
ESSENTIAL FREIGHT CALIFORNIA INC
ESSENTIAL FREIGHT SYSTEMS INC
ESSENTIAL FREIGHT SYSTEMS
ESSENTIAL FREIGHT NEW JERSEY INC
DOES 1 TO 50
SLATES RONALD P. ESQ.
TRIPATHI DANIEL JAI
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
4/13/2017: Minute Order
5/19/2017: MENDED PROOF OF SERVICE BY FIRST-CLASS MAIL?CIVIL
5/30/2017: VERIFIED FIRST AMENDED COMPLAINT FOR MONEY DUE FOR SERVICES RENDERED PURSUANT TO ICC TERMINATION ACT; ETC.
6/2/2017: Minute Order
6/5/2017: PROOF OF SERVICE BY FIRST-CLASS MAIL?CIVIL
6/7/2017: NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND ORDER TO SHOW CAUSE RE SERVICE OF SUMMONS AND FIRST AMENDED COMPLAINT
6/22/2017: PROOF OF SERVICE SUMMONS
6/22/2017: PROOF OF SERVICE SUMMONS
6/26/2017: CIVIL DEPOSIT
7/12/2017: Minute Order
8/25/2017: REQUEST FOR ENTRY OF DEFAULT
8/31/2017: Minute Order
11/6/2017: NOTICE OF SETTLEMENT OF ENTIRE CASE
12/7/2017: NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE- OTHER: CIVIL
Substitution of Attorney; Filed by National Progressive, Inc (Plaintiff)Read MoreRead Less
NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE- OTHER: CIVILRead MoreRead Less
Request for Dismissal; Filed by Plaintiff/PetitionerRead MoreRead Less
at 08:30 AM in Department 31; Unknown Event TypeRead MoreRead Less
Minute order entered: 2017-11-14 00:00:00; Filed by ClerkRead MoreRead Less
REQUEST FOR DISMISSALRead MoreRead Less
NOTICE OF SETTLEMENT OF ENTIRE CASERead MoreRead Less
Notice of Settlement; Filed by National Progressive, Inc (Plaintiff)Read MoreRead Less
Notice; Filed by Plaintiff/PetitionerRead MoreRead Less
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 JUDGMENTRead MoreRead Less
Minute OrderRead MoreRead Less
PROOF OF SERVICE SUMMONSRead MoreRead Less
Notice of Case Management Conference; Filed by ClerkRead MoreRead Less
ORDER TO SHOW CAUSE HEARINGRead MoreRead Less
OSC-Failure to File Proof of Serv; Filed by ClerkRead MoreRead Less
NOTICE OF CASE MANAGEMENT CONFERENCERead MoreRead Less
Proof-Service/SummonsRead MoreRead Less
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 FRRead MoreRead Less
SUMMONSRead MoreRead Less
Complaint; Filed by National Progressive, Inc (Plaintiff)Read MoreRead Less
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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