This case was last updated from Los Angeles County Superior Courts on 05/06/2021 at 00:03:41 (UTC).

FAMILY AMUSEMENT CORPORATION, VS J & J KID CONCEPTS, INC.,, ET AL.

Case Summary

On 05/01/2018 FAMILY AMUSEMENT CORPORATION filed a Contract - Other Contract lawsuit against J J KID CONCEPTS, INC . This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6697

  • Filing Date:

    05/01/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

FAMILY AMUSEMENT CORPORATION

Defendants

CHUNG HYE WON

KANG HOYLE

J & J KID CONCEPTS INC.

Attorney/Law Firm Details

Plaintiff Attorney

LUPPI MICHAEL DENNIS

 

Court Documents

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

6/16/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 03/08/2021

3/8/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 03/08/2021

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

3/8/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Notice of Ruling - Notice of Ruling

3/10/2021: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Order to Show Cause Re: Filing of defendant's answer)

4/13/2021: Minute Order - Minute Order (Order to Show Cause Re: Filing of defendant's answer)

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Filing of defendant's answer) of 04/13/2021

4/13/2021: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Filing of defendant's answer) of 04/13/2021

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

6/17/2019: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

6/17/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Brief (name extension) - Brief Declaration of Harry Peck

6/17/2019: Brief (name extension) - Brief Declaration of Harry Peck

Brief (name extension) - Brief Brief summary of the case

6/17/2019: Brief (name extension) - Brief Brief summary of the case

Judgment - Judgment by Default by Court

7/24/2019: Judgment - Judgment by Default by Court

Proof of Service by Substituted Service - Proof of Service by Substituted Service

1/29/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

1/29/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

3/18/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

3/18/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Service by Substituted Service - Proof of Service by Substituted Service

3/18/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Civil Case Cover Sheet

5/1/2018: Civil Case Cover Sheet

Complaint

5/1/2018: Complaint

14 More Documents Available

 

Docket Entries

  • 04/13/2021
  • DocketMinute Order (Order to Show Cause Re: Filing of defendant's answer)

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  • 04/13/2021
  • DocketCertificate of Mailing for (Order to Show Cause Re: Filing of defendant's answer) of 04/13/2021; Filed by: Clerk

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  • 04/13/2021
  • DocketOn the Complaint filed by Family Amusement Corporation, on 05/01/2018, entered Order for Dismissal without prejudice as to the entire action

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  • 04/13/2021
  • DocketOrder to Show Cause Re: Filing of defendant's answer scheduled for 04/13/2021 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 04/13/2021; Result Type to Held

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  • 03/10/2021
  • DocketNotice of Ruling; Filed by: J & J Kid Concepts, Inc., (Defendant); Hye Won Chung (Defendant)

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  • 03/08/2021
  • DocketUpdated -- On the Complaint filed by Family Amusement Corporation, on 05/01/2018, judgment entered on 07/24/2019 is vacated

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  • 03/08/2021
  • DocketOn the Complaint filed by Family Amusement Corporation, on 05/01/2018, judgment entered on 07/24/2019 as to Hye Won Chung is

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  • 03/08/2021
  • DocketOn the Complaint filed by Family Amusement Corporation, on 05/01/2018, judgment entered on 07/24/2019 as to J & J Kid Concepts, Inc., is

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  • 03/08/2021
  • DocketOn the Complaint filed by Family Amusement Corporation, on 05/01/2018, Default entered on 06/17/2019, Vacated - Motion to Set Aside.

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  • 03/08/2021
  • DocketOrder to Show Cause Re: Filing of defendant's answer scheduled for 04/13/2021 at 09:30 AM in Spring Street Courthouse at Department 25

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28 More Docket Entries
  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 01/29/2019
  • DocketProof of Service by Substituted Service; Filed by: Family Amusement Corporation, (Plaintiff); As to: J & J Kid Concepts, Inc., (Defendant); Proof of Mailing Date: 01/09/2019; Service Cost: 65.00; Service Cost Waived: No

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  • 01/29/2019
  • DocketProof of Service by Substituted Service; Filed by: Family Amusement Corporation, (Plaintiff); As to: Hye Won Chung (Defendant); Proof of Mailing Date: 01/09/2019; Service Cost: 35.00; Service Cost Waived: No

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  • 05/01/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/01/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 05/01/2018
  • DocketCivil Case Cover Sheet; Filed by: Family Amusement Corporation, (Plaintiff)

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  • 05/01/2018
  • DocketComplaint; Filed by: Family Amusement Corporation, (Plaintiff); As to: J & J Kid Concepts, Inc., (Defendant); Hoyle Kang (Defendant); Hye Won Chung (Defendant)

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  • 05/01/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 05/01/2018
  • DocketNon-Jury Trial scheduled for 10/29/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/01/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/04/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC06697    Hearing Date: March 8, 2021    Dept: 25

HEARING DATE: Mon., March 8, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Family Amusement Corp. v. J&J Kid Concepts, Inc., et al.

CASE NUMBER: 18STLC06697 COMPL. FILED: 05-01-19

NOTICE: OK DEFAULT: 03-18-19

DEF. JDGMT: 07-24-19

PROCEEDINGS: MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT AND FOR LEAVE TO FILE ANSWER

MOVING PARTY: Defendants J&J Kid Concepts, Inc. and Hye Won Chung

RESP. PARTY: None

MOTION TO SET ASIDE/VACATE DEFAULT

(CCP § 473(d))

TENTATIVE RULING:

Defendants J&J Kid Concepts, Inc. and Hye Won Chung’s Motion to Set Aside Default and Default Judgment is GRANTED. The default entered on March 18, 2019 and the default judgment entered on July 24, 2019 are HEREBY VACATED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of March 3, 2021 [ ] Late [X] None

REPLY: None filed as of March 3, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On May 5, 2018, Plaintiff Family Amusement Corporation (“Plaintiff”) filed an action for breach of contract and common counts against Defendants J&J Kid Concepts, Inc. (“J&J”), Hoyle Kang (“Kang”), and Hye Won Chung (“Chung”) (collectively, “Defendants”). Following Defendants’ failure to respond, default was entered against Defendants Chung & J&J on March 18, 2019. Defendant Kang was dismissed from the action without prejudice on June 17, 2019. On July 24, 2019, a default judgment of $18,124.38 was entered against Defendants J&J and Chung.

Defendants J&J and Chung filed the instant Motion to Set Aside Default and Default Judgment and for Leave to File Answer (the “Motion”) on December 21, 2020. No opposition was filed.

  1. Legal Standard

“A summons is the process by which a court acquires personal jurisdiction over a defendant in a civil action. The form of a summons is prescribed by law, and this form must be substantially observed. [Citation.] Service of a substantially defective summons does not confer jurisdiction over a party [citation] and will not support a default judgment. [Citation.]” (MJS Enterprises, Inc. v. Superior Court (1984) 153 Cal.App.3d 555, 557.) “Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void.’ [Citation.]” (Sakaguchi v. Sakaguchi (2009) 173 Cal.App.4th 852, 858, emphasis added.)

A trial court has the inherent power to set aside a judgment void on its face at any time. (Connelly v. Castillo (1987) 190 Cal.App.3d 1583, 1588.) When considering the facial validity of ta judgment, the Court may only consider the contents of the judgment roll. (OC Interior Services, LLC v. Nationstar Mortgage, LLC (2017) 7 Cal.App.5th 1318, 1327 (holding that “[t]o prove that the judgment is void, the party challenging the judgment is limited to the judgment roll, i.e., no extrinsic evidence allowed.”).) If the judgment is not void on its face, the time limitations of Code of Civil Procedure section 473.5 apply. (Trackman v. Kenney (2010) 187 Cal.App.4th 175, 180-81; Schekel v. Resnik (1994) 27 Cal.App.4th Supp. 1, 3-4 (“[t]he Rogers court held that the time limitation set forth in Code of Civil Procedure section 473.5 applies by analogy to motions for relief from default judgment valid on its face but otherwise void for improper service” [citing Rogers v. Silverman (1989) 216 Cal.App.3d 1114, 1124.]).)

  1. Discussion

The Motion is timely. Defendants J&J and Chung argue the default entered against them is void due to improper service. (Mot., pp. 4:18-5:11.)

Plaintiff filed two proofs of service on January 29, 2019 purporting to show that Defendant Chung was substitute-served, individually and as agent for service of process for Defendant J&J, on January 9, 2019 at her home address located at 4250 Pennsylvania Ave., #136, La Crescenta, CA 91214 (the “Pennsylvania Address”). (1/29/19 Proofs of Service.)

If the summons and complaint cannot be personally delivered with reasonable diligence, then a copy may be served at the person’s “dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box…who shall be informed of the contents thereof and by thereafter mailing a copy of the summons and complaint by first class mail, postage prepaid, to the person to be served…” (Code Civ. Proc., § 415.20, subd. (b).)

Plaintiff’s proofs of service state that service was completed by a registered process server but do not provide the server’s name; instead, the person who served the papers is listed as “CRIMSON PROCESS SERVICE.” (1/29/19 Proofs of Service.) The person purportedly served on behalf of Defendant Chung is identified as “Jiwoo Chung, son.” (Id.) No physical description was of Jiwoo Chung was provided. (Id.) The proofs of service also include a declaration of due diligence. (Id.) Curiously, the proofs of service state that the Summons and Complaint were mailed to Defendant Chung on December 27, 2018, nearly two weeks before substitute service was effected. (Id.) This is improper under Code of Civil Procedure section 415.20, subdivision (b), which requires that a copy of the Summons and Complaint be mailed to the person served after substitute service is completed.

Defendant Chung’s son, Jiwoo Han (“Han”) also provides his declaration in support of the Motion. Han states that he does not use the name “Ji Woo Chung” as he uses his father’s last name, “Han” not his mother’s, “Chung.” (Mot., Han Decl., ¶ 2.) He also states that on January 9, 2019, the date of the purported service, he was not at present at the Pennsylvania Address and provides evidence that he traveled to South Korea from December 24, 2018 to January 14, 2019. (Id. at ¶¶ 4-5, Exh. A.)

Based on the above, Defendant Chung has demonstrated she was not properly substitute served. Notably, Plaintiff has not filed an opposition demonstrating otherwise. Accordingly, the Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Defendants J&J Kid Concepts, Inc. and Hye Won Chung’s Motion to Set Aside Default and Default Judgment is GRANTED. The default entered on March 18, 2019 and the default judgment entered on July 24, 2019 are HEREBY VACATED.

Moving party is ordered to give notice.

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