This case was last updated from Los Angeles County Superior Courts on 12/03/2020 at 01:42:36 (UTC).

MENGJIAO GAO VS ZENGJIAN YAO, ET AL.

Case Summary

On 02/14/2020 MENGJIAO GAO filed a Contract - Other Contract lawsuit against ZENGJIAN YAO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1457

  • Filing Date:

    02/14/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

GAO MENGJIAO

Defendants

YAO ZENGJIAN

LAW OFFICES OF DAVID YAO

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Change of Venue) of 12/01/2020

12/1/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Change of Venue) of 12/01/2020

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

12/1/2020: 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 10/28/2020

10/28/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Change of Venue) of 10/28/2020

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

10/28/2020: Minute Order - Minute Order (Hearing on Motion for Change of Venue)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Motion for Change of Venue) of 08/19/2020

8/19/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Motion for Change of Venue) of 08/19/2020

Minute Order - Minute Order (Court Order Re: Motion for Change of Venue)

8/19/2020: Minute Order - Minute Order (Court Order Re: Motion for Change of Venue)

Minute Order - Minute Order (Court Order R: Motion for Change of Venue)

6/9/2020: Minute Order - Minute Order (Court Order R: Motion for Change of Venue)

Request for Dismissal - Request for Dismissal

4/22/2020: Request for Dismissal - Request for Dismissal

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

4/22/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration MC-030

4/22/2020: Declaration (name extension) - Declaration MC-030

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

4/22/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

3/25/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

3/25/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Declaration (name extension) - Declaration MC-030

3/25/2020: Declaration (name extension) - Declaration MC-030

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

3/27/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Complaint - Complaint

2/14/2020: Complaint - Complaint

Summons - Summons on Complaint

2/14/2020: Summons - Summons on Complaint

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

2/14/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

16 More Documents Available

 

Docket Entries

  • 12/01/2020
  • DocketUpdated -- Motion for Change of Venue: Filed By: Zengjian Yao (Defendant); Result: Granted; Result Date: 12/01/2020

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  • 12/01/2020
  • DocketMinute Order (Hearing on Motion for Change of Venue)

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  • 12/01/2020
  • DocketCertificate of Mailing for (Hearing on Motion for Change of Venue) of 12/01/2020; Filed by: Clerk

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  • 12/01/2020
  • DocketThe case is placed in special status of: Transfer/Reclassification Pending

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  • 12/01/2020
  • DocketHearing on Motion for Change of Venue scheduled for 12/01/2020 at 11:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 12/01/2020; Result Type to Held - Motion Granted

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  • 12/01/2020
  • DocketNon-Jury Trial scheduled for 08/13/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 12/01/2020

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  • 12/01/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/17/2023 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 12/01/2020

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  • 10/28/2020
  • DocketHearing on Motion for Change of Venue scheduled for 12/01/2020 at 11:00 AM in Spring Street Courthouse at Department 25

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  • 10/28/2020
  • DocketMinute Order (Hearing on Motion for Change of Venue)

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  • 10/28/2020
  • DocketCertificate of Mailing for (Hearing on Motion for Change of Venue) of 10/28/2020; Filed by: Clerk

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26 More Docket Entries
  • 02/14/2020
  • DocketComplaint; Filed by: Mengjiao Gao (Plaintiff); As to: Zengjian Yao (Defendant); Law Offices of David Yao (Defendant)

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  • 02/14/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/17/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/14/2020
  • DocketRequest to Waive Court Fees; Filed by: Mengjiao Gao (Plaintiff)

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  • 02/14/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Mengjiao Gao (Plaintiff)

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  • 02/14/2020
  • DocketCivil Case Cover Sheet; Filed by: Mengjiao Gao (Plaintiff)

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  • 02/14/2020
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 02/14/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/14/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/14/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 02/14/2020
  • DocketNon-Jury Trial scheduled for 08/13/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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Tentative Rulings

Case Number: 20STLC01457    Hearing Date: December 01, 2020    Dept: 25

HEARING DATE: Tue., December 1, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Gao v. Yao, et al. COMPL. FILED: 02-14-20

CASE NUMBER: 20STLC01457 DISC. C/O: 07-14-21

NOTICE: OK DISC. MOT. C/O: 07-29-21

TRIAL DATE: 08-13-21

PROCEEDINGS: MOTION FOR CHANGE OF VENUE

MOVING PARTY: Defendant Zengjian Yao, in pro per

RESP. PARTY: Plaintiff Mengjiao Gao, in pro per

MOTION FOR CHANGE OF VENUE

(CCP §§ 395, 396)

TENTATIVE RULING:

Defendant Zengjian Yao’s Motion for Change of Venue is DENIED.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: Filed on June 15, 2020 [ ] Late [ ] None

REPLY: None filed as of November 25, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On February 14, 2020, Plaintiff Mengjiao Gao (“Plaintiff”) filed an action, in pro per, against Defendants Zengjian Yao (“Yao”) and Law Offices of David Yao (“Law Offices”).

On June 2, 2020, Defendant Yao filed the instant Motion for Change of Venue (the “Motion”), in pro per. On June 15, 2020, Plaintiff filed an Opposition. At the initial October 28, 2020 hearing, the Court noted Plaintiff’s Opposition did not include a proof of service, so it was unclear whether Defendant was given an opportunity to respond. (10/28/20 Minute Order.)

No supplemental papers have been filed.

  1. Legal Standard

“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…Subject to subdivision (b), 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).) “The place of making a contract is where the last act necessary to the validity and binding effect thereof is performed. This “last act” is usually acceptance of the offer.” (Mitchell v. Superior Court (1986) 186 Cal.App.3d 1040, 1045; See also Wilson v. Scannavino (1958) 159 Cal.App.2d 369, 370-71.)

“[I]f an action or proceeding is commenced in a court having jurisdiction over the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers…or at his or her option, without answering…and within the time otherwise allowed to respond to the complaint, files with the clerk, a notice of motion for an order transferring the action or proceeding to the proper court, together with a proof of service, upon the adverse party, or a copy of those papers.” (Code Civ. Proc., § 396b, subd. (a).) If, at the hearing, it appears that the action was not brought in the proper court, the action will be transferred to the proper court. (Id.)

“[I]t is the moving defendant’s burden to demonstrate that the plaintiff’s venue selection is not proper under any of the statutory grounds.” (Fontaine v. Superior Court (2009) 175 Cal.App.4th 830, 836.)

  1. Discussion

As an initial matter, Plaintiff never filed a proof of service demonstrating the Opposition was properly served on Defendant Yao as ordered on October 28, 2020. Notwithstanding, the Court notes the following regarding the merits of Defendant Yao’s Motion.

Defendant Yao argues he is a resident of Alameda County, that he was a resident of Alameda County at the time the alleged claim on which he is being sued arose, that the alleged contract upon which the alleged claims are based was entered into Alameda County, and that the contract was to be performed in Alameda County. (Mot., Yao Decl., ¶¶ 2-6.) However, Defendant Yao’s arguments are not sufficiently supported. First, neither Plaintiff in her complaint nor Defendant Yao in this Motion have submitted a copy of the alleged contract or provided any details regarding it. In addition, Plaintiff’s Complaint alleges this venue is proper because Defendants entered into the alleged contract here and because the alleged contract was to be performed here. (Compl., ¶ 7.) Plaintiff’s selection of venue is presumed to be proper. (Fontaine v. Superior Court, supra, 175 Cal.App.4th at 836.) As Defendant Yao has not submitted sufficient evidence to overcome this presumption (id.), he has not carried his burden. Accordingly, this Motion is DENIED.

  1. Conclusion & Order

For the foregoing reasons, Defendant Zengjian Yao’s Motion for Change of Venue is DENIED.

Moving party is ordered to give notice.

Case Number: 20STLC01457    Hearing Date: October 28, 2020    Dept: 25

HEARING DATE: Wed., October 28, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Gao v. Yao, et al. COMPL. FILED: 02-14-20

CASE NUMBER: 20STLC01457 DISC. C/O: 07-14-21

NOTICE: NO DISC. MOT. C/O: 07-29-21

TRIAL DATE: 08-13-21

PROCEEDINGS: MOTION FOR CHANGE OF VENUE

MOVING PARTY: Defendant Zengjian Yao, in pro per

RESP. PARTY: Plaintiff Mengjiao Gao, in pro per

MOTION FOR CHANGE OF VENUE

(CCP §§ 395, 396)

TENTATIVE RULING:

Defendant Zengjian Yao’s Motion for Change of Venue is CONTINUED TO DECEMBER 1, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, the parties must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: Filed on June 15, 2020 [ ] Late [ ] None

REPLY: None filed as of October 26, 2020 [ ] Late [X] None

ANALYSIS:

I. Background

On February 14, 2020, Plaintiff Mengjiao Gao (“Plaintiff”) filed an action, in pro per, against Defendants Zengjian Yao (“Yao”) and Law Offices of David Yao (“Law Offices”).

On June 2, 2020, Defendant Yao filed the instant Motion for Change of Venue (the “Motion”), in pro per. On June 15, 2020, Plaintiff filed an Opposition.

On August 19, 2020, the Court scheduled the Motion for hearing for October 28, 2020 at 10:00 a.m. (8/19/20 Minute Order.) Defendant was ordered to give notice of the scheduled hearing.

To date, no proof of service has been filed demonstrating Defendant gave Plaintiff notice of the scheduled hearing.

II. Legal Standard

“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 the action is for injury to person or personal property or for death from wrongful act or negligence, the superior court in either the county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action.” (Code Civ. Proc., § 395.)

“[I]f an action or proceeding is commenced in a court having jurisdiction over the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers…or at his or her option, without answering…and within the time otherwise allowed to respond to the complaint, files with the clerk, a notice of motion for an order transferring the action or proceeding to the proper court, together with a proof of service, upon the adverse party, or a copy of those papers.” (Code Civ. Proc., § 396b, subd. (a).) If, at the hearing, it appears that the action was not brought in the proper court, the action will be transferred to the proper court. (Id.)

III. Discussion

As an initial matter, the Court notes that Defendant Yao did not file a proof of service demonstrating the Motion was properly served on Plaintiff. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) However, “[i]t is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of motion. [Citations.]” (Alliance Bank v. Murray (1984) 161 Cal.App.3d 1, 7.) Because Plaintiff filed an Opposition to the Motion, Plaintiff has waived any challenges as to deficiencies in notice.

Plaintiff’s Opposition, however, does not include a proof of service demonstrating it was properly served on Defendant Yao. Thus, the Court is unable to determine whether Defendant Yao was given an opportunity to respond to the Opposition. Furthermore, Defendant did not file a proof of service demonstrating he gave Plaintiff notice of the scheduled hearing as ordered by the Court on August 19, 2020. (8/19/20 Minute Order.)

Thus, the Court is unable to issue a ruling at this time. Plaintiff and Defendant Yao are ordered to file and serve supplemental papers correcting the deficiencies noted above.

I. Conclusion & Order

For the foregoing reasons, Defendant Zengjian Yao’s Motion for Change of Venue is CONTINUED TO DECEMBER 1, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, the parties must file and serve supplemental papers addressing the deficiencies noted herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.