This case was last updated from Los Angeles County Superior Courts on 10/16/2021 at 01:57:00 (UTC).

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

Case Summary

On 06/07/2018 NATIONAL COMMERCIAL RECOVERY INC filed a Contract - Debt Collection lawsuit against NEW YORK MART EL MONTE INC. 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:

    *******5610

  • Filing Date:

    06/07/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • County, State:

    Los Angeles, California

Judge Details

Judge

SHERYL M. BEASLEY

 

Party Details

Plaintiffs

NATIONAL COMMERCIAL RECOVERY INC DBA BLAIR SMITH AND ASSOCIATES

NATIONAL COMMERCIAL RECOVERY INC

Defendants

ZHANG MING ZHE AKA MINGZHE ZHANG AKA MING ZHANG

NEW YORK MART EL MONTE INC DBA IFRESH MARKET

DENG LONG

KYAW MYINT

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

SUPER HK OF EL MONTE INC A CALIFORNIA CORPORATION

ZHANG MING ZHE

NEW YORK MART EL MONTE INC

Attorney/Law Firm Details

Plaintiff Attorney

BESNYL GLENN ALAN

Defendant Attorneys

STERNBERG BENJAMIN

PROOS ERIC J.

EGHBALI DORON

CHONG ROBERT WAI YIN

 

Court Documents

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

9/23/2021: Stipulation and Order (name extension) - Stipulation and Order Stipulation to Continue Trial Date

Stipulation and Order (name extension) - Stipulation and Order Proposed Order on Stipulation to Continue Trial

9/23/2021: Stipulation and Order (name extension) - Stipulation and Order Proposed Order on Stipulation to Continue Trial

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

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

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

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

Trial Brief - Trial Brief

8/18/2021: Trial Brief - Trial Brief

Witness List - Witness List

8/18/2021: Witness List - Witness 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

8/30/2021: 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

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

7/26/2021: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

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

7/26/2021: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Notice of Ruling - Notice of Ruling

7/27/2021: Notice of Ruling - Notice of Ruling

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

6/21/2021: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

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

6/22/2021: Notice (name extension) - Notice OF CONTINUANCE OF MOTION TO BE RELIEVED AS COUNSEL AND RELATED HEARINGS

Notice of Ruling - Notice of Ruling

6/22/2021: Notice of Ruling - Notice of Ruling

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

6/22/2021: Declaration (name extension) - Declaration OF DORON EGHBALI IN SUPPORT OF DEFENDANTS NOTICE OF MOTION TO BE RELIEVED AS COUNSEL

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

1/14/2021: 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

Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

1/14/2021: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

63 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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  • 09/24/2021
  • 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 - Advanced and Continued - by Party was rescheduled to 11/04/2021 08:30 AM

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  • 09/23/2021
  • DocketStipulation and Order Stipulation to Continue Trial Date; Filed by: Long Deng (Defendant); As to: National Commercial Recovery Inc (Plaintiff); National Commercial Recovery Inc (Plaintiff)

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  • 09/23/2021
  • DocketStipulation and Order Proposed Order on Stipulation to Continue Trial; Signed and Filed by: Long Deng (Defendant)

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  • 08/30/2021
  • 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); Long Deng (Defendant); MYINT KYAW (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
  • DocketTrial Brief; 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
  • 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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93 More Docket Entries
  • 06/26/2018
  • DocketSummons on Amended Complaint (3rd); Issued and Filed by: Clerk

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  • 06/26/2018
  • DocketAmended Complaint FIRST AMENDED COMPLAINT FOR MONEY; COMMON COUNTS;; Filed by: National Commercial Recovery Inc (Plaintiff); As to: New York Mart El Monte Inc (Defendant); Long Deng (Defendant); Ming Zhe Zhang (Defendant) et al.

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  • 06/07/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/07/2018
  • DocketOrder to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740); Filed by: Clerk

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  • 06/07/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 06/07/2018
  • DocketCivil Case Cover Sheet; Filed by: National Commercial Recovery Inc (Plaintiff)

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  • 06/07/2018
  • DocketComplaint; Filed by: National Commercial Recovery Inc (Plaintiff); As to: New York Mart El Monte Inc (Defendant); Long Deng (Defendant); Ming Zhe Zhang (Defendant)

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  • 06/07/2018
  • DocketCase assigned to Hon. Sheryl M. Beasley in Department B Norwalk Courthouse

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  • 06/07/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 scheduled for 06/13/2019 at 08:30 AM in Norwalk Courthouse at Department B

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  • 06/07/2018
  • DocketThe case is placed in special status of: Collections Case (CCP 3.740)

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Tentative Rulings

b'

Case Number: 18NWLC15610 Hearing Date: July 26, 2021 Dept: 25

PROCEEDINGS: MOTION TO BE RELIEVED AS\r\nCOUNSEL

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MOVING PARTY: Defendant Ming Zhe Zhang’s\r\nCounsel Doron Eghbali

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RESP. PARTY: None

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MOTION TO BE RELIEVED AS COUNSEL

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(CCP § 284(2); CRC rule 3.162)

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TENTATIVE RULING:

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

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SERVICE:

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[X] Proof of Service Timely Filed (CRC,\r\nrule 3.1300) OK

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[X] Correct Address (CCP §§ 1013, 1013a)\r\n OK

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[X] 16/21 Court Days Lapsed (CCP §§ 12c,\r\n1005(b)) OK

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OPPOSITION: None\r\nfiled as of July 21, 2021 [ ] Late [X] None

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REPLY: None\r\nfiled as of July 21, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground

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On June 7, 2018, Plaintiff National\r\nCommercial Recovery, Inc. (“Plaintiff”) filed an action against New York Mart\r\nEl Monte, Inc. (“New York Mart”), Long Deng (“Deng”), and Ming Zhe Zhang\r\n(“Zhang”). Plaintiff filed a First Amended Complaint on June 26, 2018 adding\r\nDefendants Super HK of El Monte, Inc. (“Super HK”) and Myint Kyaw (“Kyaw”). Plaintiff\r\nfiled a Second Amended Complaint (the “SAC”) on May 22, 2019. Defendants New\r\nYork Mart, Deng, and Zhang filed a joint Answer on June 25, 2019.

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Defendants Super HK and Myint were\r\ndismissed from this action on December 18, 2019 and Defendant New York Mart was\r\ndismissed on October 6, 2020. (12/17/19 & 9/29/20 Requests for Dismissal.)

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\r\n\r\n

On January 14, 2021, Defendant\r\nZhang’s Counsel, Doron F.\r\nEghbali (“Counsel”) filed the instant Motion to be Relieved as Counsel (the\r\n“Motion”). No opposition was filed.

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The initial June 21 hearing was continued due to\r\nCounsel’s incomplete supporting declaration. (6/21/21 Minute Order.) Counsel\r\nfiled a supplemental declaration on June 22, 2021.

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II. \r\nLegal\r\nStandard

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

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

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(A)\r\nThe service address is the current residence or business address of the client;\r\nor

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(B) The\r\nservice address is the last known residence or business address of the client\r\nand the attorney has been unable to locate a more current address after making\r\nreasonable efforts to do so within 30 days before the filing of the motion to\r\nbe relieved.

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

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III. \r\nDiscussion

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Defendant Zhang’s Counsel seeks to\r\nbe relieved due to a complete lack of communication. (MC-052, ¶ 2.) As such,\r\nCounsel explains it would be in the interest of Defendant Zhang if he was\r\nrelieved from representing them. (Id.) Counsel served this Motion at Defendant Zhang’s last known address,\r\nwhich Counsel was unable to confirm as current despite attempting to do so. (6/22/21\r\nEghbali Supp. Decl., ¶¶ 3-4.)

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The Court is satisfied with\r\nCounsel’s reasons for seeking to be relieved and finds he has satisfied the\r\nrequirements of California Rules of Court, rule 3.1362, subdivisions (a) and\r\n(c)-(e). Notably, Defendant Zhang was first served with this Motion on January\r\n14, 2021 but never opposed it. Accordingly, the Motion is GRANTED.

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IV. \r\nConclusion & Order

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

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Counsel is\r\nordered to give notice.

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