TORRANCE, CALIFORNIA; FRIDAY, FEBRUARY 4, 2005;
9:15 A.M.
DEPARTMENT SW "B" HON. JEAN E. MATUSINKA, JUDGE
(APPEARANCES AS NOTED ON TITLE PAGE.)
(LISA GUERRERO, OFFICIAL REPORTER.)
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THE COURT: ROBINSON VERSUS SKYCAR.
Mr. Robinson: Gary Robinson for plaintiff, pro per.
The court: did you give actual notice to the defendant on this matter?
Mr. Robinson: yes, I did. I talked to their Dispatcher, whose name is Thai Lee (phonetic) at five 0!clock yesterday morning and told him to relay the Message.
The court: supposed to give 24-hour notice.
Mr. Robinson: well, it would have been five O'clock in the morning, 5:00 a.m.
The court: okay. We'll have to -- we're gonna have to put this over for a hearing because the other party has to be notified.
Mr. Robinson: okay.
The court: we'll put this over.
Mr. Robinson: even though the default -- the corporation is not the individual?
The court: somebody has to represent the Corporation. Somebody has got to be here representing the corporation. So we'll put this over. You'll give Notice. We'll shorten time to February 17th, then you'll give notice.
Mr. Robinson: February 18th we have a case hearing -- hearing on that date.
The court: we'll put it over to the 18th So you don't have to come back.
Mr. Robinson: I'll give them notice of the case hearing. They don't have a representative for the Corporation. That could be the reason they defaulted on the corporation. In that case, what do I do?
The court: give notice to whoever is Representing
Mr. Robinson: to the individual?
Court: yes.
Mr. Robinson: and not the corporation?
Court: well, I don't know if anybody is representing the corporation.
Robinson: there is no one.
Court: are they out of business?
Robinson: no. No. As a matter of fact, I contacted -- I went to the secretary of state's website, and they have them listed as currently a corporation. What the defendant is doing is telling all creditors that the corporation no longer exists. She is Mailing back letters in her handwriting saying that the Company was out of business, no longer exists. The Individual --
The court: the default was set aside?
Mr. Robinson: correct. The reason for this was That the original summons in the file did not have the Boxes exed for individual incorporation. And when I went to take the copies of that original to the sheriff to Have them serve it, I exed in the boxes, wrote in "Laura Nelson, SkyCar, inc." At the appropriate boxes. And Those were actually served. And I have in the exhibit there, I have a conformed copy of the summons and proof of Copy of the service. I think the misunderstanding -- I'll look Through the file -- was that the original didn't have the Boxes exed, but the copy as served by the sheriff had the Boxes exed. I exed the boxes before the sheriff took it I think that's where the misunderstanding of the default Was.
The court: no. That there was a big problem with this case in terms of service.
Mr. Robinson: I think it's there doesn't have the boxes exed at conformed copy I have did.
The court: let's just put this over to the 18th. I am going to have to review everything. Give notice to everybody that's involved.
Mr. Robinson: now, they have notice of the case going to be heard -- case management going to be on the 18th. Do I need to give them further notice?
The court: oh, absolutely.
Mr. Robinson: on these specific items?
The court: that's correct.
Mr. Robinson: okay. Thank you.
The court: all right.