This case was last updated from Los Angeles County Superior Courts on 07/09/2020 at 02:11:46 (UTC).

JIN CHUN VS JIN SUNG SON

Case Summary

On 01/08/2019 JIN CHUN filed a Contract - Other Contract lawsuit against JIN SUNG SON. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0189

  • Filing Date:

    01/08/2019

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

CHUN JIN

Los Angeles, CA 90006

Defendant

SON JIN SUNG

Los Angeles, CA 90005

Attorney/Law Firm Details

Plaintiff Attorney

CHANG SIMON

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 03/03/2020

3/3/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 03/03/2020

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

3/3/2020: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Substitution of Attorney - Substitution of Attorney

3/9/2020: Substitution of Attorney - Substitution of Attorney

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 12/03/2019

12/3/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 12/03/2019

Opposition (name extension) - (Amended)

8/26/2019: Opposition (name extension) - (Amended)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

7/29/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Opposition (name extension) - Opposition Defendants' Opposition to Plaintiff Motion to Compel and Form Interrogatories set #1

7/30/2019: Opposition (name extension) - Opposition Defendants' Opposition to Plaintiff Motion to Compel and Form Interrogatories set #1

Motion to Compel (name extension) - Motion to Compel Jin Chun_Motion to Compel_Form Interrogatories

6/7/2019: Motion to Compel (name extension) - Motion to Compel Jin Chun_Motion to Compel_Form Interrogatories

Motion to Compel (name extension) - Motion to Compel Motion to Compel Discovery

6/5/2019: Motion to Compel (name extension) - Motion to Compel Motion to Compel Discovery

Substitution of Attorney - Substitution of Attorney

4/4/2019: Substitution of Attorney - Substitution of Attorney

Answer - Answer

1/28/2019: Answer - Answer

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

1/28/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Proof of Personal Service - Proof of Personal Service

1/14/2019: Proof of Personal Service - Proof of Personal Service

First Amended Standing Order - First Amended Standing Order

1/8/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

1/8/2019: Complaint - Complaint

Summons - Summons on Complaint

1/8/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

1/8/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

1/8/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

15 More Documents Available

 

Docket Entries

  • 03/10/2020
  • DocketNon-Jury Trial scheduled for 09/10/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 03/10/2020

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  • 03/09/2020
  • DocketSubstitution of Attorney; Filed by: Jin Chun (Plaintiff)

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  • 03/06/2020
  • DocketAddress for Simon Chang (Attorney) updated

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  • 03/06/2020
  • DocketAddress for Simon Chang (Attorney) updated

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  • 03/05/2020
  • DocketNotice of Change of Address or Other Contact Information; Filed by: Simon Chang (Attorney)

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  • 03/05/2020
  • DocketOn the Complaint filed by Jin Chun on 01/08/2019, entered Request for Dismissal without prejudice filed by Jin Chun as to the entire action

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  • 03/05/2020
  • DocketRequest for Dismissal; Filed by: Jin Chun (Plaintiff); As to: Jin Sung Son (Defendant)

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  • 03/03/2020
  • DocketNon-Jury Trial scheduled for 09/10/2020 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 03/03/2020
  • DocketMinute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

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  • 03/03/2020
  • DocketCertificate of Mailing for (Hearing on Motion to Compel Discovery (not "Further Discovery...) of 03/03/2020; Filed by: Clerk

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56 More Docket Entries
  • 01/08/2019
  • DocketUpdated -- Request to Waive Court Fees: Filed By: Jin Chun (Plaintiff); Result: Granted; Result Date: 01/08/2019; As To Parties: removed

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  • 01/08/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk

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  • 01/08/2019
  • DocketRequest to Waive Court Fees; Filed by: Jin Chun (Plaintiff)

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  • 01/08/2019
  • DocketCivil Case Cover Sheet; Filed by: Jin Chun (Plaintiff)

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  • 01/08/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 01/08/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/08/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 01/08/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 01/08/2019
  • DocketNon-Jury Trial scheduled for 07/07/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/08/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/11/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC00189    Hearing Date: March 03, 2020    Dept: 26

Chun v. Son, et al.

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUESTS FOR PRODUCTION; DEEM REQUESTS FOR ADMISSION ADMITTED; SANCTIONS

(CCP §§ 2030.290, 2031.300, 2033.380)

TENTATIVE RULING:

Plaintiff Jin Chun’s (1) Motion To Compel Defendant’s Responses To Form Interrogatories, Request For Monetary Sanctions; (2) Motion To Compel Defendant’s Responses To Special Interrogatories, Request For Monetary Sanctions; (3) Motion Compel Defendant’s Responses To Request For Production Of Documents, Request For Monetary Sanctions; And (4) Motion To Deem Request For Admissions Admitted Against Defendant, Request For Monetary Sanctions are PLACED OFF CALENDAR.

ANALYSIS:

Plaintiff Jin Chun (“Plaintiff”) filed the instant discovery Motions against Defendant Jin Sung Son (“Defendant”) in June, 2019. Specifically, (1) Motion To Compel Defendant’s Responses To Form Interrogatories, Request For Monetary Sanctions; (2) Motion To Compel Defendant’s Responses To Special Interrogatories, Request For Monetary Sanctions; (3) Motion Compel Defendant’s Responses To Request For Production Of Documents, Request For Monetary Sanctions; And (4) Motion To Deem Request For Admissions Admitted Against Defendant, Request For Monetary Sanctions (“the Motions”).

The Motions came for hearing on September 10, 2019, at which time the Court found that Defendant had failed to serve Plaintiff with the opposition papers. The Court continued the hearing to December 3, 2019 and ordered Defendant to serve Plaintiff with the opposition papers and file proof of service of the same at least 16 court days prior to the December 3, 2019 hearing date. Defendant did not appear at the September 10, 2019 hearing and Plaintiff was ordered to give notice of the Court’s ruling and new hearing date.

The Motions again came for hearing on December 3, 2019. Neither party appeared and the Court found that Plaintiff failed to give notice of the September 10, 2019 ruling as ordered. The Court again continued the hearing to March 3, 2020 and again ordered Plaintiff to give notice of the September 10, 2019 ruling and of the continued hearing date. Plaintiff was ordered to file proof of service at least five days before the continued hearing. To date, no proof of service has been filed as ordered.

Accordingly, Plaintiff’s (1) Motion To Compel Defendant’s Responses To Form Interrogatories, Request For Monetary Sanctions; (2) Motion To Compel Defendant’s Responses To Special Interrogatories, Request For Monetary Sanctions; (3) Motion Compel Defendant’s Responses To Request For Production Of Documents, Request For Monetary Sanctions; And (4) Motion To Deem Request For Admissions Admitted Against Defendant, Request For Monetary Sanctions are PLACED OFF CALENDAR.

Court clerk to give notice.

Case Number: 19STLC00189    Hearing Date: December 03, 2019    Dept: 94

MOTION TO COMPEL & DEEM ADMITTED

(C.C.P. §§2030.290, 2031.300, 2033.280 )

TENTATIVE RULING:

Plaintiff Jin Chun’s motions to compel Defendant Jin Sung Son to provide responses to Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents and Things (Set One), Plaintiff’s motions to deem Request for Admissions (Set One) admitted against Defendant, and Plaintiff’s requests for sanctions against Defendant are CONTNUED TO MARCH 3, 2020, at 10:30 in Dept. 94. Plaintiff is ordered to give notice of the Court’s September 10, 2019 Order, as well as, the continued hearing date on the motions. Plaintiff is also ordered to file a proof of service with the Court (at least five days before the continued hearing) showing Defendant was given notice of the September 10, 2019 Order and the continued hearing on the motions.

OPPOSITION: Previously Filed.

ANALYSIS:

I. Background

On January 8, 2019, Plaintiff Jin Chun (“Plaintiff”) filed a complaint against Defendant Jin Sung Son (“Defendant”), asserting causes of action for breach of contract and common counts.

On January 28, 2019, Defendant filed an answer to the complaint.

On June 7, 2019, Plaintiff filed the instant motions to compel and deem admitted.

On September 10, 2019, the Court continued the hearing on the instant motions to December 3, 2019, ordered Defendant to file a proof of service for the Attachment (filed in opposition to the motions) at least 16 days before the continued hearing, and ordered Plaintiff to give notice.

II. Legal Standard

C.C.P. §2030.290 provides, as follows:

If a party to whom interrogatories are directed fails to serve a timely response, the following rules apply:

(a) , as well as any objection to the interrogatories, including one based on privilege or on the protection for work product under Chapter 4 (commencing with Section 2018.010). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:

(1) , 2030.220, 2030.230, and 2030.240.

(2)

(b)

(c) ) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. If a party then fails to obey an order compelling answers, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to that sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).

C.C.P. §2031.300 provides, in pertinent part, as follows:

If a party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules shall apply:

(a) ). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:

(1) , 2031.220, 2031.230, 2031.240, and 2031.280.

(2)

(b)

(c) ) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for inspection, copying, testing, or sampling, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. If a party then fails to obey the order compelling a response, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a terminating sanction under Chapter 7 (commencing with Section 2023.010). In lieu of or in addition to this sanction, the court may impose a monetary sanction under Chapter 7 (commencing with Section 2023.010).

C.C.P. §2033.280 provides, as follows:

If a party to whom requests for admission are directed fails to serve a timely response, the following rules apply:

(a) ). The court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied:

(1) , 2033.220, and 2033.230.

(2)

(b) ).

(c) . It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.

III. Analysis

Plaintiff Jin Chun (“Plaintiff”) moves for orders compelling Defendant Jin Sung Son (“Defendant”) to provide responses to Form Interrogatories (Set One), Request for Production of Documents and Things (Set One), and Special Interrogatories (Set One). Plaintiff also moves for orders deeming Request for Admissions (Set One) admitted against Defendant. Additionally, Plaintiff requests sanctions against Defendant.

On September 10, 2019, the Court continued the hearing on the instant motions to December 3, 2019, ordered Defendant to file a proof of service for the Attachment (filed in opposition to the instant motions) at least 16 days before the continued hearing, and ordered Plaintiff to give notice of the continuance and order.

Plaintiff did not establish Defendant was given notice of the continuance on the motions and the Court’s September 10, 2019 Order.

Based on the foregoing, Plaintiff’s motions to compel and deem admitted are continued. Plaintiff is ordered to give notice of the Court’s September 10, 2019 Order, as well as, the continuance of the motions.

IV. Conclusion & Order

Plaintiff Jin Chun’s (“Plaintiff”) motions to compel Defendant Jin Sung Son to provide responses to Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents and Things (Set One), Plaintiff’s motions to deem Request for Admissions (Set One) admitted against Defendant, and Plaintiff’s requests for sanctions against Defendant are CONTINUED TO MARCH 3. 2020 at 10:30 am in Dept. 94. Plaintiff is ordered to give notice of the Court’s September 10, 2019 Order, as well as, the continued hearing date on the motions. Plaintiff is also ordered to file a proof of service with the Court (at least five days before the continued hearing) showing Defendant was given notice of the September 10, 2019 Order and the continued hearing on the motions.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.