This case was last updated from Los Angeles County Superior Courts on 10/05/2021 at 00:17:31 (UTC).

NATIONAL COMMERCIAL RECOVERY INC. VS NEW YORK MART EL MONTE, INC., A CALIFORNIA CORPORATION, ET AL.

Case Summary

On 09/10/2018 NATIONAL COMMERCIAL RECOVERY INC filed a Contract - Debt Collection lawsuit against NEW YORK MART EL MONTE, INC , A CALIFORNIA CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SHERYL M. BEASLEY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0705

  • Filing Date:

    09/10/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • County, State:

    Los Angeles, California

Judge Details

Judge

SHERYL M. BEASLEY

 

Party Details

Plaintiff

NATIONAL COMMERCIAL RECOVERY INC. DBA BLAIR SMITH AND ASSOCIATES

Defendants

ZHANG MING ZHE AKA MINGZHE ZHANG AKA MING ZHANG

DENG LONG

NEW YORK MART EL MONTE INC. A CALIFORNIA CORPORATION DBA IFRESH MARKET

SUPER HK OF EL MONTE INC. A CALIFORNIA CORPORATION

KYAW MYINT AKA MYINT J. KYAW AKA MYINT KYAW WU AKA JEFFREY MYINT WU AKA JEFFREY WU

Attorney/Law Firm Details

Plaintiff Attorney

BESNYL GLENN ALAN

Defendant Attorneys

EGHBALI DORON

STERNBERG BENJAMIN

MATZENGER JULIA ROSE

CHONG ROBERT

PROOS ERIC J.

 

Court Documents

Complaint

9/10/2018: Complaint

Stipulation and Order (name extension) - Stipulation and Order Stipulation to Continue Trial Date

9/15/2021: Stipulation and Order (name extension) - Stipulation and Order Stipulation to Continue Trial Date

Order (name extension) - Order on Stipulation

9/16/2021: Order (name extension) - Order on Stipulation

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/18/2021

8/18/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 08/18/2021

Witness List - Witness List

8/18/2021: Witness List - Witness List

Minute Order - Minute Order (Court Order)

8/18/2021: Minute Order - Minute Order (Court Order)

Exhibit List - Exhibit List

8/18/2021: Exhibit List - Exhibit List

Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel - Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel

8/31/2021: Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel - Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel

Notice of Ruling - Notice of Ruling

3/5/2021: Notice of Ruling - Notice of Ruling

Notice (name extension) - Notice NOTICE OF CONTINUANCE OF MOTION TO BE RELIEVED AS COUNSEL AND RELATED HEARINGS

1/29/2021: Notice (name extension) - Notice NOTICE OF CONTINUANCE OF MOTION TO BE RELIEVED AS COUNSEL AND RELATED HEARINGS

Declaration (name extension) - Declaration OF DORON EGHBALI IN SUPPORT OF DEFENDANTS NOTICE OF MOTION TO BE RELIEVED AS COUNSEL

1/29/2021: Declaration (name extension) - Declaration OF DORON EGHBALI IN SUPPORT OF DEFENDANTS NOTICE OF MOTION TO BE RELIEVED AS COUNSEL

Substitution of Attorney - Substitution of Attorney

3/1/2021: Substitution of Attorney - Substitution of Attorney

Substitution of Attorney - Substitution of Attorney

3/1/2021: Substitution of Attorney - Substitution of Attorney

Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel; Status Conferenc...)

3/3/2021: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel; Status Conferenc...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to be Relieved as Counsel; Status Conferenc...) of 03/03/2021

3/3/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to be Relieved as Counsel; Status Conferenc...) of 03/03/2021

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

3/3/2021: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

1/25/2021: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Substitution of Attorney - Substitution of Attorney

10/9/2020: Substitution of Attorney - Substitution of Attorney

66 More Documents Available

 

Docket Entries

  • 11/04/2021
  • Hearing11/04/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/16/2021
  • DocketOrder on Stipulation; Signed and Filed by: Long Deng (Defendant)

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  • 09/16/2021
  • DocketPursuant to written stipulation, Non-Jury Trial scheduled for 10/06/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Stipulation was rescheduled to 11/04/2021 08:30 AM

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  • 08/31/2021
  • DocketProof of Service - Order Granting Attorney's Motion to be Relieved as Counsel; Filed by: Ming Zhe Zhang (Defendant); As to: National Commercial Recovery Inc. (Plaintiff); New York Mart El Monte, Inc., a California Corporation (Defendant); Long Deng (Defendant) et al.

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  • 08/18/2021
  • DocketExhibit List; Filed by: National Commercial Recovery Inc. (Plaintiff)

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  • 08/18/2021
  • DocketWitness List; Filed by: National Commercial Recovery Inc. (Plaintiff)

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  • 08/18/2021
  • DocketNon-Jury Trial scheduled for 10/06/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 08/18/2021
  • DocketMinute Order (Court Order)

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  • 08/18/2021
  • DocketCertificate of Mailing for (Court Order) of 08/18/2021; Filed by: Clerk

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  • 08/18/2021
  • DocketThere being no judge available this date, Non-Jury Trial scheduled for 09/02/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Continued - Court's Motion was rescheduled to 10/06/2021 08:30 AM

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125 More Docket Entries
  • 10/09/2018
  • DocketNotice and Acknowledgment of Receipt Proof of Service with Return Receipt; Filed by: National Commercial Recovery Inc. (Plaintiff); As to: Long Deng (Defendant)

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  • 09/26/2018
  • DocketProof of Service by Substituted Service; Filed by: National Commercial Recovery Inc. (Plaintiff); As to: New York Mart El Monte, Inc., a California Corporation (Defendant); Proof of Mailing Date: 09/20/18; Service Cost: 55.00; Service Cost Waived: No

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  • 09/10/2018
  • DocketComplaint; Filed by: National Commercial Recovery Inc. (Plaintiff); As to: New York Mart El Monte, Inc., a California Corporation (Defendant); Long Deng (Defendant); Ming Zhe Zhang (Defendant) et al.

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  • 09/10/2018
  • DocketCivil Case Cover Sheet; Filed by: National Commercial Recovery Inc. (Plaintiff)

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  • 09/10/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/10/2018
  • DocketOrder to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740); Filed by: Clerk

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  • 09/10/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/10/2018
  • DocketCase assigned to Hon. Sheryl M. Beasley in Department A Norwalk Courthouse

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  • 09/10/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 scheduled for 09/16/2019 at 08:30 AM in Norwalk Courthouse at Department A

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  • 09/10/2018
  • DocketThe case is placed in special status of: Collections Case (CCP 3.740)

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Tentative Rulings

Case Number: 18NWLC30705    Hearing Date: March 03, 2021    Dept: 25

HEARING DATE: Wed., March 3, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: National Commercial Recovery, Inc. v. New York Mart El Monte, Inc., et al.

CASE NUMBER: 18NWLC30705 COMPL. FILED: 09-10-18

NOTICE: OK DISC. C/O: NONE

DISC. MOT. C/O: NONE

TRIAL DATE: NOT SET

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Defendant Ming Zhe Zhang’s Counsel Doron F. Eghbali

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.162)

TENTATIVE RULING:

Defendant’s Counsel Doron F. Eghbali’s Motion to be Relieved as Counsel is GRANTED and the Order will be signed at the hearing. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Defendant Zhang] has been filed with the court.” (Id.)

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 1, 2021 [ ] Late [X] None

REPLY: None filed as of March 1, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On September 10, 2018, Plaintiff National Commercial Recovery, Inc. (“Plaintiff”) filed a complaint for money, common counts, violation of the Perishable Agricultural Commodities Act, violation of bulk sale laws, and fraudulent transfer of assets against Defendants New York Mart El Monte, Inc. dba Ifresh Market (“New York”), Long Deng (“Deng”), Ming Zhe Zhang (“Zhang”), Super HK of El Monte (“Super HK”), and Myint Kyaw (“Kyaw”). Defendants New York, Deng, and Zhang filed an Answer on May 15, 2019. The Honorable Ann H. Park in Department A at the Norwalk Courthouse found this was not a collections case on May 24, 2019 and transferred the action to this limited jurisdiction department. (5/24/19 Minute Order.) Defendants Super HK and Kyaw filed their answer on August 16, 2019.

Pursuant to Plaintiff’s request, Defendants Super HK and Kyaw were dismissed from the action on December 18, 2019, and Defendant New York was dismissed on October 6, 2020. (12/17/19 & 9/29/20 Requests for Dismissal.)

On December 28, 2020, Defendant Zhang’s Counsel Doron F. Eghbali (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”), which was originally set for hearing for June 7, 2021. On December 30, 2020, the Court granted Counsel’s ex parte application to shorten the time for hearing on the Motion and set it for hearing for January 25, 2021 at 11:00 a.m. (12/30/20 Minute Order.)

At the initial January 25, 2021 hearing, the Court noted Counsel’s Motion did not specify whether he confirmed the address at which Defendant Zhang was served at most thirty (30) days before filing the Motion or whether he was unable to confirm the address was still current despite his efforts. (1/25/21 Minute Order.) The Court also found Counsel did not give notice of the Court’s December 30 continuance. (Id.) Counsel was ordered to file and serve supplemental papers correcting these errors. (Id.)

Counsel filed supplemental papers on January 29, 2021. No opposition has been filed.

  1. Legal Standard

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

In addition, California Rules of Court, rule 3.1362 subsection (d) requires that the notice of motion and motion, declaration, and proposed order be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:

(A) The service address is the current residence or business address of the client; or

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

(Cal. Rules of Court, rule 3.1362, subd. (1)(A) & (2).)

  1. Discussion

Defendant’s Counsel seeks to be relieved due to a complete lack of communication between Defendant Zhang and Counsel. (MC-052, ¶ 2.) Counsel states he served this Motion at Defendant Zhang’s last known address. (Id. at ¶ 3.) In his supplemental papers, Counsel explains he has not been able to locate a more current address, despite his efforts. (1/29/21 Eghbali Decl., ¶ 3.) Counsel also filed a proof of service demonstrating he gave Plaintiff, Defendant Deng, and Defendant Zhang notice of this hearing via email and FedEx overnight delivery. (1/29/21 Notice of Continuance.)

The Court is satisfied with Counsel’s reasons for seeking to be relieved and finds he has satisfied the requirements of California Rules of Court, rule 3.1362, subdivision (a). Importantly, the previously scheduled March 3, 2021 trial was vacated and has not yet been rescheduled, giving Defendant Zhang sufficient time to obtain new counsel should they wish to continue defending against this action. Accordingly, the unopposed Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Defendant’s Counsel Doron F. Eghbali’s Motion to be Relieved as Counsel is GRANTED and the Order will be signed at the hearing. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Defendant Zhang] has been filed with the court.” (Id.)

Defendant Zhang’s Counsel is ordered to give notice.

Case Number: 18NWLC30705    Hearing Date: January 25, 2021    Dept: 25

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

CASE NAME: National Commercial Recovery, Inc. v. New York Mart El Monte, Inc., et al.

CASE NUMBER: 18NWLC30705 COMPL. FILED: 09-10-18

NOTICE: NO DISC. C/O: 02-01-21

DISC. MOT. C/O: 02-16-21

TRIAL DATE: 03-03-21

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Defendant Ming Zhe Zhang’s Counsel Doron F. Eghbali

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.162)

TENTATIVE RULING:

Defendant’s Counsel Doron F. Eghbali’s Motion to be Relieved as Counsel is CONTINUED TO MARCH 3, 2021 AT 10:30 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Counsel must file supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

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 January 21, 2021 [ ] Late [X] None

REPLY: None filed as of January 21, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On September 10, 2018, Plaintiff National Commercial Recovery, Inc. (“Plaintiff”) filed a complaint for money, common counts, violation of the Perishable Agricultural Commodities Act, violation of bulk sale laws, and fraudulent transfer of assets against Defendants New York Mart El Monte, Inc. dba Ifresh Market (“New York”), Long Deng (“Deng”), Ming Zhe Zhang (“Zhang”), Super HK of El Monte (“Super HK”), and Myint Kyaw (“Kyaw”). Defendants New York, Deng, and Zhang filed an Answer on May 15, 2019. The Honorable Ann H. Park in Department A at the Norwalk Courthouse found this was not a collections case on May 24, 2019 and transferred the action to this limited jurisdiction department. (5/24/19 Minute Order.) Defendants Super HK and Kyaw filed their answer on August 16, 2019.

Pursuant to Plaintiff’s request, Defendants Super HK and Kyaw were dismissed from the action on December 18, 2019, and Defendant New York was dismissed on October 6, 2020. (12/17/19 & 9/29/20 Requests for Dismissal.)

On December 28, 2020, Defendant Zhang’s Counsel Doron F. Eghbali (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”), which was originally set for hearing for June 7, 2021. On December 30, 2020, the Court granted Counsel’s ex parte application to shorten the time for hearing on the Motion and set it for hearing for January 25, 2021 at 11:00 a.m. (12/30/20 Minute Order.)

To date, no opposition has been filed.

  1. Legal Standard

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

In addition, California Rules of Court, rule 3.1362 subsection (d) requires that the notice of motion and motion, declaration, and proposed order be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:

(A) The service address is the current residence or business address of the client; or

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

(Cal. Rules of Court, rule 3.1362, subd. (1)(A) & (2).)

  1. Discussion

Defendant’s Counsel seeks to be relieved due to a complete lack of communication between Defendant Zhang and Counsel. (MC-052, ¶ 2.) Counsel states he served this Motion at Defendant Zhang’s last known address. (Id. at ¶ 3.) However, Counsel did not specify whether he confirmed the address was current at most 30 days before filing this Motion or whether he was unable to confirm the address despite his efforts. (Id.) In addition, although Counsel served Plaintiff, Defendant Deng, and Defendant Zhang with the Motion, he did not give the parties notice of the Court’s December 30 Order setting today’s hearing. Thus, Counsel has not satisfied California Rules of Court, rule 3.1362.

  1. Conclusion & Order

For the foregoing reasons, Defendant’s Counsel Doron F. Eghbali’s Motion to be Relieved as Counsel is CONTINUED TO MARCH 3, 2021 AT 10:30 A.M. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Counsel must file supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Defendant’s Counsel is ordered to give notice.

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