This case was last updated from Los Angeles County Superior Courts on 08/18/2021 at 02:23:49 (UTC).

ATKINSON-BAKER, INC., A CALIFORNIA CORPORATION VS UN HUI F. NAM

Case Summary

On 08/17/2020 ATKINSON-BAKER, INC , A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against UN HUI F NAM. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6928

  • Filing Date:

    08/17/2020

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

ATKINSON-BAKER INC. A CALIFORNIA CORPORATION

Defendant

NAM UN HUI F. DBA LAW OFFICE OF DR. UN HUI NAM

Attorney/Law Firm Details

Plaintiff Attorney

BATES JAMES

Defendant Attorney

NAM UN HUI F.

 

Court Documents

Request for Dismissal - Request for Dismissal

8/11/2021: Request for Dismissal - Request for Dismissal

Notice (name extension) - Notice Of Entry Of Order Granting Motion To Transfer Action

8/6/2021: Notice (name extension) - Notice Of Entry Of Order Granting Motion To Transfer Action

Objection (name extension) - Objection To [Proposed] Order Granting Defendant Dr. Nam's Motion For Change Of Venue And Request For Sanctions

8/4/2021: Objection (name extension) - Objection To [Proposed] Order Granting Defendant Dr. Nam's Motion For Change Of Venue And Request For Sanctions

Order (name extension) - Order Granting Defendant Un Hui F. Nam's Motion To Transfer Action

8/5/2021: Order (name extension) - Order Granting Defendant Un Hui F. Nam's Motion To Transfer Action

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

7/28/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Change of Venue and Request for Monetar...) of 07/21/2021

7/21/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Change of Venue and Request for Monetar...) of 07/21/2021

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

7/13/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Reply (name extension) - Reply to P's Opp to Motion to Transfer Venue

7/13/2021: Reply (name extension) - Reply to P's Opp to Motion to Transfer Venue

Objection (name extension) - Objection To Evidence Of Un Hui Nam In Support Of Her Motion To Transfer Action

6/30/2021: Objection (name extension) - Objection To Evidence Of Un Hui Nam In Support Of Her Motion To Transfer Action

Opposition (name extension) - Opposition To Motion To Transfer Action; Memorandum Of Points And Authorities; Request For Sanctions In The Amount Of $1,415.00 Against Defendant Un Hui Nam Pursuant To C

6/30/2021: Opposition (name extension) - Opposition To Motion To Transfer Action; Memorandum Of Points And Authorities; Request For Sanctions In The Amount Of $1,415.00 Against Defendant Un Hui Nam Pursuant To C

Minute Order - Minute Order (Hearing on Motion for Change of Venue)

6/8/2021: Minute Order - Minute Order (Hearing on Motion for Change of Venue)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Change of Venue) of 06/08/2021

6/8/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Change of Venue) of 06/08/2021

Proof of Personal Service - Proof of Personal Service

11/24/2020: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

8/18/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

8/17/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

8/17/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

8/17/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

8/17/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

8 More Documents Available

 

Docket Entries

  • 08/16/2021
  • DocketNon-Jury Trial scheduled for 02/14/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 08/16/2021

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  • 08/11/2021
  • DocketOn the Complaint filed by Atkinson-Baker, Inc., a California corporation on 08/17/2020, entered Request for Dismissal with prejudice filed by Atkinson-Baker, Inc., a California corporation as to the entire action

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  • 08/11/2021
  • DocketAddress for James Bates (Attorney) null

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  • 08/06/2021
  • DocketNotice Of Entry Of Order Granting Motion To Transfer Action; Filed by: Atkinson-Baker, Inc., a California corporation (Plaintiff); As to: Atkinson-Baker, Inc., a California corporation (Plaintiff); Un Hui F. Nam (Defendant)

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  • 08/05/2021
  • DocketUpdated -- Order Granting Defendant Un Hui F. Nam's Motion To Transfer Action: Filed By: Atkinson-Baker, Inc., a California corporation (Plaintiff); Result: Granted; Result Date: 08/05/2021

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  • 08/04/2021
  • DocketObjection To [Proposed] Order Granting Defendant Dr. Nam's Motion For Change Of Venue And Request For Sanctions; Filed by: Atkinson-Baker, Inc., a California corporation (Plaintiff)

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  • 07/28/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: Un Hui F. Nam (Defendant); As to: Un Hui F. Nam (Defendant)

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  • 07/21/2021
  • DocketUpdated -- Motion for Change of Venue and Request for Monetary Sanctions: Filed By: Un Hui F. Nam (Defendant); Result: Granted in Part; Name Extension: and Request for Monetary Sanctions; Result Date: 07/21/2021; As To Parties: removed

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  • 07/21/2021
  • DocketUpdated -- Certificate of Mailing for (Hearing on Motion for Change of Venue and Request for Monetar...) of 07/21/2021: Status Date changed from 07/21/2021 to 07/21/2021; As To Parties: removed

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  • 07/21/2021
  • DocketMinute Order (Hearing on Motion for Change of Venue and Request for Monetar...)

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13 More Docket Entries
  • 11/30/2020
  • DocketMotion for Change of Venue; Filed by: Un Hui F. Nam (Defendant)

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  • 11/24/2020
  • DocketProof of Personal Service; Filed by: Atkinson-Baker, Inc., a California corporation (Plaintiff); As to: Un Hui F. Nam (Defendant); Service Date: 10/15/2020; Service Cost: 80.00; Service Cost Waived: No

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  • 08/18/2020
  • DocketSummons on Complaint; Issued and Filed by: Atkinson-Baker, Inc., a California corporation (Plaintiff); As to: Un Hui F. Nam (Defendant)

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  • 08/17/2020
  • DocketNon-Jury Trial scheduled for 02/14/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 08/17/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/21/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 08/17/2020
  • DocketComplaint; Filed by: Atkinson-Baker, Inc., a California corporation (Plaintiff); As to: Un Hui F. Nam (Defendant)

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  • 08/17/2020
  • DocketCivil Case Cover Sheet; Filed by: Atkinson-Baker, Inc., a California corporation (Plaintiff); As to: Un Hui F. Nam (Defendant)

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  • 08/17/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/17/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/17/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC06928    Hearing Date: June 8, 2021    Dept: 26

Atkinson-Baker, Inc. v. Nam, et al.

MOTION TO CHANGE VENUUE

(CCP §§ 395, 397)

TENTATIVE RULING:

Defendant Un Hui F. Nam dba Law Offices of Dr. Un Hui Nam’s Motion to Transfer Action is GRANTED. THE ACTION IS TO BE TRANSFERRED TO THE SUPERIOR COURT OF SAN MATEO COUNTY. DEFENDANT IS AWARDED ATTORNEY’S FEES AND COSTS OF $2,100.00, TO BE PAID WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

DEFENDANT TO FILE A PROPOSED ORDER WITHIN TEN (10) DAYS.

ANALYSIS:

Plaintiff Atkinson-Baker, Inc. (“Plaintiff”) filed the instant action for breach of oral contract for court reporting services and common counts against Defendant Un Hui F. Nam dba Law Offices of Dr. Un Hui Nam (“Defendant”) on August 17, 2020. Defendant filed the instant Motion to Transfer Action and for Award of Attorney’s Fees (“the Motion”) on November 30, 2020. No opposition has been filed to date.

Discussion

“Venue is determined based on the complaint on file at the time the motion to change venue is made.” (Brown v. Superior Court of Alameda County (1984) 37 Cal.3d 477, 482.) Plaintiff’s choice of venue is presumptively correct, and Defendant bears the burden of demonstrating that venue is not proper there. (Battaglia Enterprises, Inc. v. Superior Court of San Diego County (2013) 215 Cal.App.4th 309, 313-14.)

Defendant moves pursuant to Code of Civil Procedure, section 395, which states in relevant part:

Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. . . . if a defendant has contracted to perform an obligation in a particular county, the superior court in the county where the obligation is to be performed, where the contract in fact was entered into, or where the defendant or any defendant resides at the commencement of the action is a proper court for the trial of an action founded on that obligation, and the county where the obligation is incurred is the county where it is to be performed, unless there is a special contract in writing to the contrary.

(Code Civ. Proc., § 395, subd. (a).) Defendant also moves pursuant to Code of Civil Procedure section 397, subdivision (c), which allows that court to change the place of trial when it would promote the convenience of the witnesses and the ends of justice.

Defendant presents evidence that transfer is appropriate because she resides in San Mateo County and the contract with Plaintiff was neither entered into in Los Angeles County or to be performed there. (Motion, Nam Decl., ¶2.) The Complaint alleges that venue is proper in Los Angeles County because “Defendant was to make payment to Plaintiff is 500 N. Brand Blvd., Third Floor, Glendale, California.” (Compl., ¶5.) The location payment is to be made is not a factor for determining the correct venue under Code of Civil Procedure section 395. Defendant also points out that the witnesses she intends to call do not reside in Los Angeles County. (Motion, Nam Decl., ¶3.)

Defendant’s evidence demonstrates that transfer of this action is appropriate under both of the above statutes. Not only is the court designated in the Complaint not the proper court, the convenience of the witnesses in the ends of justice would be promoted by transfer of this action. Plaintiff has not offered any opposition to the Motion.

Under Code of Civil Procedure section 396b, subdivision (b), Defendant is entitled to an award of attorney’s fees and costs in connection with this Motion after seeking Plaintiff’s stipulation to transfer the action. (Motion, Nam Decl., Exhs. 8-9.) Defendant is awarded $2,100.00 in attorney’s fees and costs. (Id. at ¶10.)

Conclusion

Defendant Un Hui F. Nam dba Law Offices of Dr. Un Hui Nam’s Motion to Transfer Action is GRANTED. THE ACTION IS TO BE TRANSFERRED TO THE SUPERIOR COURT OF SAN MATEO COUNTY. DEFENDANT IS AWARDED ATTORNEY’S FEES AND COSTS OF $2,100.00, TO BE PAID WITHIN 20 DAYS’ SERVICE OF THIS ORDER

Moving party to give notice. 

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