This case was last updated from Los Angeles County Superior Courts on 06/26/2020 at 03:28:12 (UTC).

NICOLE PARK VS MOON KYUNG KIM

Case Summary

On 05/23/2019 NICOLE PARK filed a Personal Injury - Other Personal Injury lawsuit against MOON KYUNG KIM. 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:

    *******5014

  • Filing Date:

    05/23/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff and Cross Defendant

PARK NICOLE

Defendant and Cross Plaintiff

KIM MOON KYUNG

Attorney/Law Firm Details

Plaintiff Attorney

MANN JONATHAN I.

Defendant and Cross Plaintiff Attorney

KWON JEAN

 

Court Documents

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

5/21/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Opposition (name extension) - Opposition TO DEFENDANT'S NOTICE OF MOTION AND SPECIAL MOTION TO STRIKE PLAINTIFF'S FIRST AMENDED COMPLAINT (CCP, SEC. 425.16; MEMORANDUM OF POINTS AND AUTHORITIES, DECLA

2/3/2020: Opposition (name extension) - Opposition TO DEFENDANT'S NOTICE OF MOTION AND SPECIAL MOTION TO STRIKE PLAINTIFF'S FIRST AMENDED COMPLAINT (CCP, SEC. 425.16; MEMORANDUM OF POINTS AND AUTHORITIES, DECLA

Opposition (name extension) - Opposition Opposition to the Filing of Defendant's Reply to Opposition as it was not Filed Timely

2/13/2020: Opposition (name extension) - Opposition Opposition to the Filing of Defendant's Reply to Opposition as it was not Filed Timely

Request for Judicial Notice - Request for Judicial Notice OF COURT'S MINUTE ORDER IN REPLY TO OPPOSITION TO DEFENDANT MOON KYUNG KIM'S SPECIAL MOTION TO STRIKE PLAINTIFF'S FIRST AMENDED COMPLAINT (C.C

2/13/2020: Request for Judicial Notice - Request for Judicial Notice OF COURT'S MINUTE ORDER IN REPLY TO OPPOSITION TO DEFENDANT MOON KYUNG KIM'S SPECIAL MOTION TO STRIKE PLAINTIFF'S FIRST AMENDED COMPLAINT (C.C

Reply (name extension) - Reply Reply to Opposition to Special Motion to Strike

2/13/2020: Reply (name extension) - Reply Reply to Opposition to Special Motion to Strike

Minute Order - Minute Order (Hearing on Special Motion to Strike under CCP Section 425.16 ...)

2/19/2020: Minute Order - Minute Order (Hearing on Special Motion to Strike under CCP Section 425.16 ...)

Motion re: (name extension) - Motion re: Plaintiff's Notice of Motion and Motion to Amend Plaintiff's First Amended Complaint; Memorandum of Points and Authorities; Declaration of Jonathan Mann, In Su

3/4/2020: Motion re: (name extension) - Motion re: Plaintiff's Notice of Motion and Motion to Amend Plaintiff's First Amended Complaint; Memorandum of Points and Authorities; Declaration of Jonathan Mann, In Su

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

10/28/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Special Motion to Strike under CCP Section 425.16 (Anti-SLAPP motion) - Special Motion to Strike under CCP Section 425.16 (Anti-SLAPP motion)

10/2/2019: Special Motion to Strike under CCP Section 425.16 (Anti-SLAPP motion) - Special Motion to Strike under CCP Section 425.16 (Anti-SLAPP motion)

Cross-Complaint - Cross-Complaint

9/25/2019: Cross-Complaint - Cross-Complaint

Stipulation and Order (name extension) - Stipulation and Order to Extend Time to File An Amended Complaint and to file a Responsive Pleading

8/28/2019: Stipulation and Order (name extension) - Stipulation and Order to Extend Time to File An Amended Complaint and to file a Responsive Pleading

Amended Complaint - Amended Complaint

7/18/2019: Amended Complaint - Amended Complaint

Summons - Summons on Complaint

7/18/2019: Summons - Summons on Complaint

Summons - Summons on Complaint

5/23/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

5/23/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

5/23/2019: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

5/23/2019: Complaint - Complaint

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

5/23/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10 More Documents Available

 

Docket Entries

  • 05/26/2022
  • Hearing05/26/2022 at 10:30 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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  • 11/19/2020
  • Hearing11/19/2020 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/24/2020
  • DocketMinute Order (Hearing on Motion for Leave to Amend Motion to amend Plaintif...)

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  • 06/24/2020
  • DocketHearing on Motion for Leave to Amend Motion to amend Plaintiff's First Amended Complaint scheduled for 06/24/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 06/24/2020; Result Type to Held - Motion Granted

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  • 05/21/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 05/21/2020
  • DocketOn the Court's own motion, Hearing on Motion for Leave to Amend Motion to amend Plaintiff's First Amended Complaint scheduled for 06/24/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Rescheduled by Court was rescheduled to 06/24/2020 08:30 AM

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  • 03/05/2020
  • DocketHearing on Motion for Leave to Amend Motion to amend Plaintiff's First Amended Complaint scheduled for 06/24/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 03/04/2020
  • DocketMotion re: Plaintiff's Notice of Motion and Motion to Amend Plaintiff's First Amended Complaint; Memorandum of Points and Authorities; Declaration of Jonathan Mann, In Support Thereof; Filed by: Nicole Park (Plaintiff); As to: Moon Kyung Kim (Defendant)

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  • 02/20/2020
  • DocketNotice of Ruling; Filed by: Nicole Park (Plaintiff)

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  • 02/19/2020
  • DocketMinute Order (Hearing on Special Motion to Strike under CCP Section 425.16 ...)

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17 More Docket Entries
  • 07/18/2019
  • Docketamended complaint; Filed by: Nicole Park (Plaintiff); As to: Moon Kyung Kim (Defendant)

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  • 07/18/2019
  • DocketAmended Complaint; Filed by: Nicole Park (Plaintiff); As to: Moon Kyung Kim (Defendant)

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  • 05/24/2019
  • DocketNon-Jury Trial scheduled for 11/19/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/24/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/26/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/24/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 05/23/2019
  • DocketComplaint; Filed by: Nicole Park (Plaintiff); As to: Moon Kyung Kim (Defendant)

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  • 05/23/2019
  • DocketCivil Case Cover Sheet; Filed by: Nicole Park (Plaintiff); As to: Moon Kyung Kim (Defendant)

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  • 05/23/2019
  • DocketSummons on Complaint; Issued and Filed by: Nicole Park (Plaintiff); As to: Moon Kyung Kim (Defendant)

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  • 05/23/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/23/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC05014    Hearing Date: June 23, 2020    Dept: 25

MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

(CCP § 473(a); CRC 3.1324)

TENTATIVE RULING:

Plaintiff Nicole Park’s Motion to Amend Plaintiff’s First Amended Complaint is GRANTED. Plaintiff’s Second Amended Complaint is to be filed within ten (10) days of this order.

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 June 18, 2020 [ ] Late [X] None

REPLY: None filed as of June 18, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On May 23, 2019, Plaintiff Nicole Park (“Plaintiff”) filed an action for malicious prosecution, intentional infliction of emotional distress, and negligent infliction of emotional distress against Defendant Moon Kyung Kim (“Defendant”). On July 18, 2019, Plaintiff filed a First Amended Complaint. On September 25, 2019, Defendant filed a Cross-Complaint for intentional infliction of emotional distress against Plaintiff.

On March 4, 2020, Plaintiff filed the instant Motion to Amend Plaintiff’s First Amended Complaint (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard

Leave to amend is permitted under Code of Civil Procedure section 473, subdivision (a), and section 576. The policy favoring amendment and resolving all matters in the same dispute is “so strong that it is a rare case in which denial of leave to amend can be justified. . . .” “Although courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations], this policy should be applied only ‘where no prejudice is shown to the adverse party . . . . [citation]. A different result is indicated ‘where inexcusable delay and probable prejudice to the opposing party’ is shown. [Citation].” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487.)

A motion to amend pleadings must include (1) a copy of the proposed and numbered amendment, (2) specifications by reference to pages and lines the allegations that would be deleted and added, and (3) a supporting declaration. (Cal. Rules of Court, rule 3.1324, subds. (a), (b).) The supporting declaration must specify the effect of the amendment, the necessity and propriety of the amendment, the date of discovery of facts that gave rise to the need to file an amendment, and any reasons for delay. (Id., subd. (b)(1)-(4).) (Italics added.)

  1. Discussion

Plaintiff seeks leave to file a second amended complaint. Plaintiff argues that, in taking Defendant’s deposition on December 17, 2019, she discovered new facts that warrant a second amended complaint. (Mot., Mann Decl., ¶ 1.) Specifically, Plaintiff seeks to make additional factual allegations of wrongful conduct that make Plaintiff’s second and third causes of action more complete. (Id. at ¶ 4, Exh. 1A.)

The Court finds that Plaintiff has satisfied California Rules of Court, rule 3.1324. In addition, Defendant has not opposed this Motion, and the Court discerns no prejudice to Defendant in granting it.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Nicole Park’s Motion to Amend Plaintiff’s First Amended Complaint is GRANTED. Plaintiff’s Second Amended Complaint is to be filed within ten (10) days of this order.

Moving party is ordered to give notice.

Case Number: 19STLC05014    Hearing Date: February 19, 2020    Dept: 25

SPECIAL MOTION TO STRIKE (ANTI-SLAPP)

(CCP § 425.16)

TENTATIVE RULING:

Defendant/Cross-Complainant Moon Kyung Kim’s Special Motion to Strike Plaintiff’s First Amended Complaint is DENIED.

OPPOSITION: Filed on February 3, 2020 [ ] Late [ ] None

REPLY: Filed on February 13, 2020 [X] Late [ ] None

ANALYSIS:

  1. Background & Discussion

On May 23, 2019, Plaintiff Nicole Park (“Plaintiff”) filed an action for malicious prosecution, intentional infliction of emotional distress, and negligent infliction of emotional distress against Defendant Moon Kyung Kim (“Defendant”). On July 18, 2019, Plaintiff filed a First Amended Complaint. On September 25, 2019, Defendant filed a Cross-Complaint for intentional infliction of emotional distress against Plaintiff.

On October 2, 2019, Defendant filed the instant Special Motion to Strike Plaintiff’s First Amended Complaint (the “Motion”). On February 3, 2020, Plaintiff filed an Opposition and on February 13, 2020, Defendant filed a late Reply.

However, in a limited jurisdiction court, “[m]otions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.” (Code Civ. Proc., § 92, subd. (d).) The Court of Appeal recently held: “Thus, construing section 92(d) to permit anti-SLAPP motions to be brought in limited civil cases would undermine the Legislature’s goal of efficient and cost-effective litigation in such cases. [¶] For all these reasons, we conclude that section 92(d) precludes a defendant from bringing a special motion to strike in a limited civil case.” (1550 Laurel Owner's Association, Inc. v. Appellate Division of Superior Court of Los Angeles County (2018) 28 Cal.App.5th 1146, 1158.)

Thus, because the instant Motion is not permitted in this Court, it is DENIED.

  1. Conclusion & Order

For the foregoing reasons, Defendant/Cross-Complainant Moon Kyung Kim’s Special Motion to Strike Plaintiff’s First Amended Complaint is DENIED.

Moving party is ordered to give notice.

Case Number: 19STLC05014    Hearing Date: January 08, 2020    Dept: 94

Plaintiff Nicole Park’s Motion to Compel is DENIED. In addition, Defendant’s Motion to Strike (Anti-SLAPP) scheduled to be heard on February 19, 2020 is PLACED OFF CALENDAR.

ANALYSIS:

I. Background

On May 23, 2019, Plaintiff Nicole Park (“Plaintiff”) filed an action for malicious prosecution, intentional infliction of emotional distress, and negligent infliction of emotional distress against Defendant Moon Kyung Kim (“Defendant”). On September 25, 2019, Defendant filed a cross-complaint against Plaintiff for intentional infliction of emotional distress.

On October 2, 2019, Defendant filed an Anti-SLAPP Motion, currently scheduled to be heard on February 19, 2020. On October 28, 2019, Plaintiff filed the instant Motion to Compel Deposition of Defendant (the “Motion”).

To date, no opposition or reply briefs have been filed.

II. Discussion

Discovery proceedings in an action are stayed when an Anti-SLAPP motion is filed, but the court can order discovery be conducted upon noticed motion and good cause shown. (Code Civ. Proc., § 425.16, subd. (g).) Plaintiff argues good cause exists for the Court to compel Defendant’s deposition in advance of the scheduled hearing on Defendant’s Anti-SLAPP Motion.

In a limited jurisdiction court, “[m]otions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.” (Code Civ. Proc., § 92, subd. (d).) The Court of Appeal recently held: “Thus, construing section 92(d) to permit anti-SLAPP motions to be brought in limited civil cases would undermine the Legislature’s goal of efficient and cost-effective litigation in such cases. For all these reasons, we conclude that section 92(d) precludes a defendant from bringing a special motion to strike in a limited civil case.” (1550 Laurel Owner's Association, Inc. v. Appellate Division of Superior Court of Los Angeles County (2018) 28 Cal.App.5th 1146, 1158.)

Thus, because the Court does not have jurisdiction to hear the underlying Anti-SLAPP Motion, Plaintiff’s Motion to Compel is DENIED. In addition, Defendant’s Anti-SLAPP Motion is PLACED OFF CALENDAR.

III. Conclusion & Order

Plaintiff Nicole Park’s Motion to Compel is DENIED. In addition, because the instant Motion is not permitted in this Court based on the foregoing authorities, Defendant’s Motion to Strike (Anti-SLAPP) scheduled to be heard on February 19, 2020 is PLACED OFF CALENDAR.

Clerk to give notice.