This case was last updated from Los Angeles County Superior Courts on 01/27/2021 at 01:43:51 (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

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • 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

MATZENGER JULIA ROSE

CHONG ROBERT

 

Court Documents

Complaint

9/10/2018: Complaint

Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application of Doron Eghbali

12/14/2020: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application of Doron Eghbali

Ex Parte Application (name extension) - Ex Parte Application DEFENDANT ZHANG MINGE ZHE NOTICE OF EX PARTE MOTION TO BE RELIEVED OF COUNSEL AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

12/14/2020: Ex Parte Application (name extension) - Ex Parte Application DEFENDANT ZHANG MINGE ZHE NOTICE OF EX PARTE MOTION TO BE RELIEVED OF COUNSEL AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

12/28/2020: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application of Doron F. Eghbali

12/28/2020: Declaration in Support of Ex Parte Application - Declaration in Support of Ex Parte Application of Doron F. Eghbali

Request for Dismissal - Request for Dismissal

11/20/2019: Request for Dismissal - Request for Dismissal

Minute Order - Minute Order (Trial Setting Conference)

11/6/2019: Minute Order - Minute Order (Trial Setting Conference)

Stipulation and Order (name extension) - Stipulation and Order Stipulation to Set Aside Default

8/22/2019: Stipulation and Order (name extension) - Stipulation and Order Stipulation to Set Aside Default

Proof of Personal Service - Proof of Personal Service

1/16/2019: Proof of Personal Service - Proof of Personal Service

Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

3/15/2019: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Declaration (name extension) - Declaration DORON EGHBALIS DECLARATION IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO SET ASIDE DEFAULT JUDGMENT

3/29/2019: Declaration (name extension) - Declaration DORON EGHBALIS DECLARATION IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO SET ASIDE DEFAULT JUDGMENT

Reply (name extension) - Reply Long Deng's Reply to Plaintiff's Opposition to Motion to Set Aside Default Judgment

3/29/2019: Reply (name extension) - Reply Long Deng's Reply to Plaintiff's Opposition to Motion to Set Aside Default Judgment

Declaration (name extension) - Declaration DORON EGHBALIS DECLARATION IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO SET ASIDE DEFAULT JUDGMENT

3/29/2019: Declaration (name extension) - Declaration DORON EGHBALIS DECLARATION IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO SET ASIDE DEFAULT JUDGMENT

Notice of Ruling - Notice of Ruling

4/8/2019: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Nunc Pro Tunc Order)

4/9/2019: Minute Order - Minute Order (Nunc Pro Tunc Order)

Answer - Answer

5/15/2019: Answer - Answer

Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 05/24/2019

5/24/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 05/24/2019

Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740)

9/10/2018: Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740)

51 More Documents Available

 

Docket Entries

  • 03/03/2021
  • Hearing03/03/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to be Relieved as Counsel

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  • 03/03/2021
  • Hearing03/03/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Status Conference

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  • 01/25/2021
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 03/03/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 01/25/2021
  • DocketStatus Conference Re: Status of the case scheduled for 03/03/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 01/25/2021
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 01/25/2021
  • DocketOn the Court's own motion, Hearing on Motion to be Relieved as Counsel scheduled for 01/25/2021 at 11:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 03/03/2021 10:30 AM

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  • 01/25/2021
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 03/03/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Vacated on 01/25/2021

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  • 01/04/2021
  • DocketNotice of New Trial Date; Filed by: National Commercial Recovery Inc. (Plaintiff); As to: Long Deng (Defendant); Ming Zhe Zhang (Defendant)

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  • 12/30/2020
  • DocketUpdated -- Ex Parte Application for an Order Shortening Time to Hear Motion to be Releived as Counsel, or in the Alternative, Continuing Trial: Filed By: Ming Zhe Zhang (Defendant); Result: Granted; Result Date: 12/30/2020

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  • 12/30/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 01/25/2021 at 11:00 AM in Spring Street Courthouse at Department 25

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106 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: 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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