This case was last updated from Los Angeles County Superior Courts on 10/30/2020 at 02:07:08 (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 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)

Opposition (name extension) - Opposition to motion for change venue

6/15/2020: Opposition (name extension) - Opposition to motion for change 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

Proof of Service by Mail - Proof of Service by Mail

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

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

14 More Documents Available

 

Docket Entries

  • 02/17/2023
  • Hearing02/17/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 08/13/2021
  • Hearing08/13/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 12/01/2020
  • Hearing12/01/2020 at 11:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Change of Venue

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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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  • 10/28/2020
  • DocketOn the Court's own motion, Hearing on Motion for Change of Venue scheduled for 10/28/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 12/01/2020 11:00 AM

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  • 08/19/2020
  • DocketUpdated -- Certificate of Mailing for (Court Order Re: Motion for Change of Venue) of 08/19/2020: Status Date changed from 08/19/2020 to 08/19/2020; As To Parties: removed

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  • 08/19/2020
  • DocketHearing on Motion for Change of Venue scheduled for 10/28/2020 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 08/19/2020
  • DocketMinute Order (Court Order Re: Motion for Change of Venue)

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22 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: 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.