This case was last updated from Los Angeles County Superior Courts on 08/26/2020 at 03:37:09 (UTC).

SOO JIN KANG VS WANG OK CHA

Case Summary

On 08/28/2019 SOO JIN KANG filed a Personal Injury - Motor Vehicle lawsuit against WANG OK CHA. 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 - Transferred.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7862

  • Filing Date:

    08/28/2019

  • Case Status:

    Other - Transferred

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

KANG SOO JIN

Defendant

CHA WANG OK

Attorney/Law Firm Details

Defendant Attorney

VARDANYAN GEVORG S

 

Court Documents

Notice of Outgoing Transfer - Notice of Outgoing Transfer

7/28/2020: Notice of Outgoing Transfer - Notice of Outgoing Transfer

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Transfer Fees) of 05/27/2020

5/27/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Transfer Fees) of 05/27/2020

Minute Order - Minute Order (Court Order Re: Transfer Fees)

5/27/2020: Minute Order - Minute Order (Court Order Re: Transfer Fees)

Minute Order - Minute Order (Hearing on Motion to Transfer)

2/20/2020: Minute Order - Minute Order (Hearing on Motion to Transfer)

Notice of Ruling - Notice of Ruling

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

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

1/15/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

Notice of Ruling - Notice of Ruling

1/21/2020: Notice of Ruling - Notice of Ruling

Notice (name extension) - Notice Notice of Non Opposition to Defendant's Motion to Set Aside Default

1/8/2020: Notice (name extension) - Notice Notice of Non Opposition to Defendant's Motion to Set Aside Default

Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

12/10/2019: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

10/3/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

10/3/2019: Proof of Personal Service - Proof of Personal Service

Motion to Transfer - Motion to Transfer

10/4/2019: Motion to Transfer - Motion to Transfer

Complaint - Complaint

8/28/2019: Complaint - Complaint

Summons - Summons on Complaint

8/28/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

8/28/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

8/28/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

8/28/2019: First Amended Standing Order - First Amended Standing Order

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

8/28/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

7 More Documents Available

 

Docket Entries

  • 08/19/2020
  • DocketOrder to Show Cause Re: Defendant's failure to timely pay transfer filing fees scheduled for 08/24/2020 at 09:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 08/19/2020

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  • 07/28/2020
  • DocketUpdated -- Order on Court Fee Waiver (Superior Court): Result: Granted; As To Parties changed from Soo Jin Kang (Plaintiff) to Soo Jin Kang (Plaintiff)

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  • 07/28/2020
  • DocketNotice of Outgoing Transfer; Filed by: Clerk

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  • 07/28/2020
  • DocketReceipt for Transmitted Record; Filed by: Clerk

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  • 07/28/2020
  • DocketThe case is removed from the special status of: Transfer/Reclassification Pending

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  • 07/28/2020
  • DocketCase is transferred to Orange county

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  • 07/28/2020
  • DocketThe case is removed from the special status of: Transfer/Reclassification Pending

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  • 07/28/2020
  • DocketAddress for Gevorg S Vardanyan (Attorney) null

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  • 07/28/2020
  • DocketAddress for Soo Jin Kang (Plaintiff) updated

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  • 07/28/2020
  • DocketCase is transferred to Orange county

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27 More Docket Entries
  • 08/28/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/31/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/28/2019
  • DocketUpdated -- Request to Waive Court Fees: Result Date changed from 08/28/2019 to 08/28/2019; As To Parties: removed

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  • 08/28/2019
  • DocketRequest to Waive Court Fees; Filed by: Soo Jin Kang (Plaintiff)

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  • 08/28/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Soo Jin Kang (Plaintiff)

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  • 08/28/2019
  • DocketCivil Case Cover Sheet; Filed by: Soo Jin Kang (Plaintiff)

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  • 08/28/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/28/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/28/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/28/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 08/28/2019
  • DocketNon-Jury Trial scheduled for 02/24/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC07862    Hearing Date: February 20, 2020    Dept: 25

MOTION FOR TRANSFER OF VENUE

(CCP § 395(a))

TENTATIVE RULING:

Defendant Wang Ok Cha’s Motion is GRANTED. The action is transferred to the Superior Court of Orange County.

ANALYSIS:

  1. Background

On August 28, 2019, Plaintiff Soo Jin Kang (“Plaintiff”) filed an action for personal injury, breach of good faith and fair dealing, and negligent infliction of emotional distress against Defendant Wang Ok Cha (“Defendant”).

On October 3, 2019, default was entered against Defendant. On December 10, 2019, Defendant filed a Motion to Set Aside Default, arguing that the proof of service incorrectly states Defendant was served by personal service instead of by substituted service, which would give Defendant additional time to file a responsive pleading. The Court vacated the default entered against Defendant on January 15, 2020 and ordered Defendant to file an answer within 30 days. (1/15/20 Minute Order.)

On October 4, 2019, Defendant filed the instant Motion for Order Transferring the Action to Orange County (the “Motion”). To date, no opposition or reply briefs have been filed.

  1. Legal Standard

Code of Civil Procedure section 395 provides, “[e]xcept 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…, the superior court in either the county where the injury 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, subd. (a).)

A motion to transfer made on the ground that the action has been brought in the wrong or “improper” court must be made within the time permitted to file a responsive pleading, unless otherwise extended by stipulation or court order. (Code Civ. Proc., § 396b, subd. (a).)

  1. Discussion

Here, pursuant to the Court’s January 15, 2020 Order, Defendant had until February 14, 2020 to file a responsive pleading to Plaintiff’s Complaint. (1/15/20 Minute Order.) As this Motion was filed prior to that, it is timely.

The instant action arises from a motor vehicle accident that occurred on February 27, 2019, on Keary Street and Garden Grove Boulevard in the City of Garden Grove, California. (Compl., ¶ 6; Mot., p. 3:9-10.) Although Plaintiff’s Complaint, filed in pro per, makes some allegations regarding Defendant’s fiduciary duty, breach of the covenant of good faith and fair dealing, and conspiracy, the gravamen of Plaintiff’s claims is personal injury arising from the February 27 accident.

Defendant states that she is currently a resident of Garden Grove in the County of Orange and was so at the time of the auto accident. (Mot., Cha Decl., ¶¶ 3-4.) Thus, as the accident that is the subject of this lawsuit occurred in Orange County and as Defendant resides in the same, pursuant to Code of Civil Procedure section 395, subdivision (a), venue for this action is proper in Orange County.

Having determined that this action was “commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for trial thereof,” transfer is appropriate under Code of Civil Procedure section 396b, subdivision (a).

  1. Conclusion & Order

Based on the foregoing, Defendant Wang Ok Cha’s Motion is GRANTED. The action is transferred to the Superior Court of Orange County.

Moving party is ordered to give notice.

Case Number: 19STLC07862    Hearing Date: January 15, 2020    Dept: 94

Kang v. Cha

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(d))

TENTATIVE RULING:

Defendant Wang Ok Cha’s Motion to Set Aside Default is GRANTED.

ANALYSIS:

Background

On August 28, 2019, Plaintiff Soo Jin Kang (“Plaintiff”) filed a complaint for personal injury, breach of good faith and fair dealing, and negligent infliction of emotional distress against Defendant Wang Ok Cha (“Defendant”).

On October 3, 2019, Plaintiff filed a proof of service stating Defendant was personally served with the summons and complaint. On that same date, default was entered against Defendant. On October 4, 2019, Defendant filed a Motion for an Order Transferring the Action to Orange County, currently scheduled for hearing on February 20, 2020.

On December 10, 2019, Defendant filed the instant Motion to Set Aside Default (the “Motion”). On January 8, 2020, Defendant filed a Notice of Non-Opposition to Defendant’s Motion. To date, no opposition or reply briefs have been filed.

Legal Standard & Discussion

  1. CCP § 473(b)

“Section 473(b) provides for both discretionary and mandatory relief. [Citation.]” (Pagnini v. Union Bank, N.A. (2018) 28 Cal.App.5th 298, 302.) Plaintiff seeks relief under the mandatory provision of the statute based on its counsel’s mistake, inadvertence, surprise, or neglect. The mandatory provision states in pertinent part:

“[T]he court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect.”

(Code Civ. Proc., § 473 subd. (b).) (Italics added.)

“The purpose of this mandatory relief provision is to alleviate the hardship on parties who lose their day in court due to an inexcusable failure to act by their attorneys. [Citation.]” (Rodriguez v. Brill (2015) 234 Cal.App.4th 715, 723, emphasis added.) Relief under Code of Civil Procedure section 473 subdivision (b) is also available to plaintiffs because dismissal is the “practical equivalent of a default judgment.” (Aldrich v. San Fernando Valley Lumber Co., Inc.

Defendant’s motion is timely. Plaintiff argues default resulted from counsel’s mistake, inadvertence, surprise, or excusable neglect. (Mot., p. 3.) Specifically, Defendant’s counsel states he made the reasonable mistake of assuming that the summons and complaint had been served by substituted service because Defendant’s roommate had been given a copy of the documents, which were later received in the mail. (Id., Vardanyan Decl., ¶ 6.) Based on this, counsel believed that Defendant had 40 days to respond and thus that his October 4, 2019 motion to transfer the action was timely filed. (Id., ¶ 10.) However, Plaintiff’s proof of service, which was not filed until October 3, 2019, alleges Defendant was served by personal service. (8/28/19 Proof of Service.) Defendant did not respond to the action within 30 days as required when served by personal service. Defendant’s counsel received notice of Plaintiff’s Request for Entry of Default by mail on October 21, 2019. (Mot., Vardanyan Decl., ¶ 12.)

Because this motion is made pursuant to the mandatory provision of Code of Civil Procedure section 473, subdivision (b), the Court has no discretion but to grant Defendant’s Motion.

Conclusion & Order

For the foregoing reasons, Defendant Wang Ok Cha’s Motion to Set Aside Default is GRANTED.

Moving party is ordered to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.