This case was last updated from Los Angeles County Superior Courts on 10/23/2020 at 01:53:54 (UTC).

ODELL HALE , III VS KOREA HOUSE BBQ BUFFET, BUSINESS FORM UNKNOWN; AND DOES 1-20

Case Summary

On 01/09/2020 ODELL HALE , III filed a Civil Right - Other Civil Right lawsuit against KOREA HOUSE BBQ BUFFET, BUSINESS FORM UNKNOWN AND DOES 1-20. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0258

  • Filing Date:

    01/09/2020

  • Case Status:

    Other

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

HALE ODELL III

Defendant

KOREA HOUSE BBQ BUFFET BUSINESS FORM UNKNOWN

Attorney/Law Firm Details

Plaintiff Attorney

SHAHBAZ JACOB A

Defendant Attorney

ROTHMAN LARRY

 

Court Documents

Request for Dismissal - Request for Dismissal

10/15/2020: Request for Dismissal - Request for Dismissal

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

10/1/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

6/4/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Hearing on Motion for Change of Venue)

7/15/2020: Minute Order - Minute Order (Hearing on Motion for Change of Venue)

Substitution of Attorney - Substitution of Attorney

2/27/2020: Substitution of Attorney - Substitution of Attorney

Notice of Motion - Notice of Motion

2/20/2020: Notice of Motion - Notice of Motion

Proof of Personal Service - Proof of Personal Service

2/10/2020: Proof of Personal Service - Proof of Personal Service

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

1/9/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Summons - Summons on Complaint

1/9/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

1/9/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

1/9/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

1/9/2020: Complaint - Complaint

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

1/10/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

1 More Documents Available

 

Docket Entries

  • 10/15/2020
  • DocketOn the Complaint filed by Odell Hale , III on 01/09/2020, entered Request for Dismissal with prejudice filed by Odell Hale , III as to the entire action

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  • 10/15/2020
  • DocketAddress for Jacob A Shahbaz (Attorney) null

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  • 10/15/2020
  • DocketHearing on Motion for Change of Venue scheduled for 10/21/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/15/2020

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  • 10/15/2020
  • DocketNon-Jury Trial scheduled for 07/08/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/15/2020

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  • 10/15/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/12/2023 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/15/2020

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  • 10/01/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 10/01/2020
  • DocketThere being no judge available this date, Hearing on Motion for Change of Venue scheduled for 10/07/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 10/21/2020 10:00 AM

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  • 07/15/2020
  • DocketMinute Order (Hearing on Motion for Change of Venue)

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  • 07/15/2020
  • DocketOn the Court's own motion, Hearing on Motion for Change of Venue scheduled for 07/15/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 10/07/2020 10:00 AM

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  • 06/04/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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5 More Docket Entries
  • 01/10/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 01/10/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Odell Hale , III (Plaintiff)

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  • 01/10/2020
  • DocketNon-Jury Trial scheduled for 07/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/10/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 01/12/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/09/2020
  • DocketComplaint; Filed by: Odell Hale , III (Plaintiff); As to: Korea House BBQ Buffet, business form unknown (Defendant)

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  • 01/09/2020
  • DocketSummons on Complaint; Issued and Filed by: Odell Hale , III (Plaintiff); As to: Korea House BBQ Buffet, business form unknown (Defendant)

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  • 01/09/2020
  • DocketRequest to Waive Court Fees; Filed by: Odell Hale , III (Plaintiff)

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  • 01/09/2020
  • DocketCivil Case Cover Sheet; Filed by: Odell Hale , III (Plaintiff); As to: Korea House BBQ Buffet, business form unknown (Defendant)

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  • 01/09/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/09/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC00258    Hearing Date: July 15, 2020    Dept: 25

MOTION TO TRANSFER VENUE

(CCP §§ 395, 396b)

TENTATIVE RULING:

Defendant’s Motion to Transfer Case to Orange County Superior Court is CONTINUED to OCTOBER 7, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Kim must file and serve 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 July 13, 2020 [ ] Late [X] None

REPLY: None filed as of July 13, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On January 9, 2020, Plaintiff Odell Hale, III (“Plaintiff”) filed an action, in pro per, for violation of Civil Code sections 54 and 54.1 against Defendant Korea House BBQ Buffet (“Korea House”).

On February 20, 2020, Bok Won Kim (“Kim”) dba Korea House BBQ Buffet filed the instant Motion to Transfer Case to Orange County Superior Court (the “Motion”), which was originally set for hearing for July 15, 2020 at 10:30 a.m. On June 4, 2020, the Court changed the hearing time from 10:30 a.m. to 8:30 a.m. (6/4/20 Notice re Continuance of Hearing and Order.) Plaintiff was ordered to give notice by mail of the change and to file a proof of service for said notice. (Id.)

On February 27, 2020, Plaintiff filed a Substitution of Attorney form, indicating he was now represented by the Shahbaz Law Group, APC. (2/27/20 Substitution of Attorney.)

To date, Plaintiff has not filed an opposition to the Motion.

  1. 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.)

  1. Discussion

As an initial matter, the Court notes that Plaintiff did not file a proof of service demonstrating he gave Defendant notice of the June 4th changes to this hearing.

On the merits, the Court notes the following. This action is not for injury to person or property or for wrongful death, so the proper venue is the superior court in the county where Defendant resides. (Code Civ. Proc., § 395.) Plaintiff’s Complaint alleges that Korea House is physically located at 12118 Brookhurst St., Garden Grove, CA 92840. (Compl., ¶ 2.)

Based on Kim’s Motion, it appears that Korea House is a sole proprietorship. The Motion states that “the Defendant, Bok Won Kim dba Korea House BBQ Buffet” moves the Court for a transfer order. (Mot., p. 2:2-5.) Kim argues this action should be transferred to Orange County Superior Court because the Complaint itself alleges Defendant resides in Orange County. (Mot., p. 2:10-13.)

However, the Complaint does not allege Kim resides in Orange County; it only alleges that Korea House is physically located there. (See Compl., ¶ 2.) Indeed, if Korea House is a sole proprietorship, then the proper defendant is Kim as an individual. (Twenty-Nine Palms Enterprises Corp. v. Bardos (2012) 210 Cal.App.4th 1435, 1450 [affirming that a sole proprietorship is not a legal entity separate from its individual owner”].)

Kim, however, presents no evidence establishing he resides in Orange County. “[S]tatements of fact contained in the briefs which are not supported by the evidence in the record must be disregarded. [Citations.]” (Tisher v. California Horse Racing Bd. (1991) 231 Cal.App.3d 349, 361.) Thus, Kim has not met his evidentiary burden.

  1. Conclusion & Order

For the foregoing reasons, Defendant’s Motion to Transfer Case to Orange County Superior Court is CONTINUED to OCTOBER 7, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Kim must file and serve supplemental papers addressing the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.