This case was last updated from Los Angeles County Superior Courts on 10/17/2021 at 05:14:54 (UTC).

TAKEE INTERNATIONAL, INC. VS MAIKO OZAWA

Case Summary

On 11/06/2020 TAKEE INTERNATIONAL, INC filed a Contract - Business lawsuit against MAIKO OZAWA. 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:

    *******9416

  • Filing Date:

    11/06/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Business

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

TAKEE INTERNATIONAL INC.

Defendant

OZAWA MAIKO

Attorney/Law Firm Details

Plaintiff Attorney

MARKEL ASA W

Defendant Attorney

LEE CHA HEE NAGASHIMA

 

Court Documents

Stipulation and Order (name extension) - Stipulation and Order AND [PROPOSED] ORDER TO TAKE HEARINGS OFF CALENDAR AND ALLOW PLAINTIFF TO FILE A SECOND AMENDED COMPLAINT

7/19/2021: Stipulation and Order (name extension) - Stipulation and Order AND [PROPOSED] ORDER TO TAKE HEARINGS OFF CALENDAR AND ALLOW PLAINTIFF TO FILE A SECOND AMENDED COMPLAINT

Amended Complaint - Amended Complaint Second Amended (2nd)

7/23/2021: Amended Complaint - Amended Complaint Second Amended (2nd)

Answer - Answer DEFENDANT MAIKO OZAWAS ANSWER TO PLAINTIFFS UNVERIFIED SECOND AMENDED COMPLAINT

8/20/2021: Answer - Answer DEFENDANT MAIKO OZAWAS ANSWER TO PLAINTIFFS UNVERIFIED SECOND AMENDED COMPLAINT

Opposition (name extension) - Opposition PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO RECLASSIFY THIS ACTION FROM LIMITED TO UNLIMITED

7/1/2021: Opposition (name extension) - Opposition PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO RECLASSIFY THIS ACTION FROM LIMITED TO UNLIMITED

Notice of Intent to Appear by Telephone - Notice of Intent to Appear by Telephone

7/9/2021: Notice of Intent to Appear by Telephone - Notice of Intent to Appear by Telephone

Stipulation and Order (name extension) - Stipulation and Order STIPULATION AND PROTECTIVE ORDER CONFIDENTIAL AND HIGHLY CONFIDENTIAL DESIGNATIONS

7/12/2021: Stipulation and Order (name extension) - Stipulation and Order STIPULATION AND PROTECTIVE ORDER CONFIDENTIAL AND HIGHLY CONFIDENTIAL DESIGNATIONS

Motion for Leave (name extension) - Motion for Leave PLAINTIFFS NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT; DECLARATION OF ASA MARKEL

3/16/2021: Motion for Leave (name extension) - Motion for Leave PLAINTIFFS NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT; DECLARATION OF ASA MARKEL

Notice of Lodging (name extension) - Notice of Lodging SECOND AMENDED COMPLAINT OF TAKEE INTERNATIONAL, INC. AGAINST MAIKO OZAWA

3/16/2021: Notice of Lodging (name extension) - Notice of Lodging SECOND AMENDED COMPLAINT OF TAKEE INTERNATIONAL, INC. AGAINST MAIKO OZAWA

Answer - Answer

2/17/2021: Answer - Answer

Motion re: (name extension) - Motion re: Motion for Reclassification from Limited to Unlimited Jurisdiction

2/17/2021: Motion re: (name extension) - Motion re: Motion for Reclassification from Limited to Unlimited Jurisdiction

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

2/17/2021: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Amended Complaint - Amended Complaint (1st)

1/12/2021: Amended Complaint - Amended Complaint (1st)

Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

12/14/2020: Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

Summons - Summons on Complaint

11/6/2020: Summons - Summons on Complaint

Complaint - Complaint

11/6/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

11/6/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

11/6/2020: First Amended Standing Order - First Amended Standing Order

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

11/6/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6 More Documents Available

 

Docket Entries

  • 11/13/2023
  • Hearing11/13/2023 at 08:30 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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  • 05/06/2022
  • Hearing05/06/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/20/2021
  • DocketAnswer DEFENDANT MAIKO OZAWA?S ANSWER TO PLAINTIFF?S UNVERIFIED SECOND AMENDED COMPLAINT; Filed by: MAIKO OZAWA (Defendant); As to: TAKEE INTERNATIONAL, INC. (Plaintiff)

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  • 07/23/2021
  • DocketAmended Complaint Second Amended (2nd); Filed by: TAKEE INTERNATIONAL, INC. (Plaintiff); As to: MAIKO OZAWA (Defendant)

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  • 07/19/2021
  • DocketUpdated -- Stipulation and Order AND [PROPOSED] ORDER TO TAKE HEARINGS OFF CALENDAR AND ALLOW PLAINTIFF TO FILE A SECOND AMENDED COMPLAINT: Filed By: MAIKO OZAWA (Defendant); Result: Granted; Result Date: 07/19/2021

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  • 07/15/2021
  • DocketPursuant to the request of moving party, Hearing on Motion - Other Motion for Reclassification scheduled for 07/19/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Party on 07/15/2021

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  • 07/14/2021
  • DocketPursuant to the request of moving party, Hearing on Motion for Leave To File Second Amended Complaint scheduled for 08/11/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Party on 07/14/2021

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  • 07/12/2021
  • DocketUpdated -- Stipulation and Order STIPULATION AND PROTECTIVE ORDER CONFIDENTIAL AND HIGHLY CONFIDENTIAL DESIGNATIONS: Filed By: TAKEE INTERNATIONAL, INC. (Plaintiff); Result: Granted; Result Date: 07/12/2021

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  • 07/09/2021
  • DocketNotice of Intent to Appear by Telephone; Filed by: TAKEE INTERNATIONAL, INC. (Plaintiff)

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  • 07/01/2021
  • DocketOpposition PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO RECLASSIFY THIS ACTION FROM LIMITED TO UNLIMITED; Filed by: TAKEE INTERNATIONAL, INC. (Plaintiff)

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8 More Docket Entries
  • 01/12/2021
  • DocketAmended Complaint (1st); Filed by: TAKEE INTERNATIONAL, INC. (Plaintiff); As to: MAIKO OZAWA (Defendant)

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  • 12/14/2020
  • DocketNotice and Acknowledgment of Receipt; Filed by: TAKEE INTERNATIONAL, INC. (Plaintiff); As to: MAIKO OZAWA (Defendant)

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  • 11/09/2020
  • DocketNon-Jury Trial scheduled for 05/06/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 11/09/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/13/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 11/09/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 11/06/2020
  • DocketComplaint; Filed by: TAKEE INTERNATIONAL, INC. (Plaintiff); As to: MAIKO OZAWA (Defendant)

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  • 11/06/2020
  • DocketCivil Case Cover Sheet; Filed by: TAKEE INTERNATIONAL, INC. (Plaintiff); As to: MAIKO OZAWA (Defendant)

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  • 11/06/2020
  • DocketSummons on Complaint; Issued and Filed by: TAKEE INTERNATIONAL, INC. (Plaintiff); As to: MAIKO OZAWA (Defendant)

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  • 11/06/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/06/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

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Case Number: 20STLC09416 Hearing Date: July 19, 2021 Dept: 25

PROCEEDINGS: MOTION TO RECLASSIFY THIS\r\nACTION FROM LIMITED TO UNLIMITED

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MOVING PARTY: Defendant Maiko Ozawa

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RESP. PARTY: Plaintiff Takee International, Inc.

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MOTION TO RECLASSIFY

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(CCP § 403.040)

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TENTATIVE RULING:

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Defendant Maiko\r\nOzawa’s Motion to Reclassify this Action from Limited to Unlimited is DENIED.

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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: Filed\r\non July 1, 2021 [ ] Late [ ]\r\nNone

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REPLY: None\r\nfiled as of July 12, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground

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On November 6, 2020, Plaintiff\r\nTakee International, Inc. (“Plaintiff”) filed an action against Defendant Maiko\r\nOzawa (“Defendant”). Plaintiff filed a First Amended Complaint (“FAC”) on\r\nJanuary 12, 2021.

\r\n\r\n

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Defendant filed an Answer and the\r\ninstant Motion to Reclassify the Action from Limited to Unlimited (the\r\n“Motion”) on February 17, 2021. Plaintiff filed an opposition on July 1. No\r\nreply brief was filed.

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II. \r\nLegal Standard & Discussion

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Code of Civil Procedure section 403.040 allows a\r\nplaintiff to file a motion for reclassification of an action within the time\r\nallowed for that party to amend the initial pleading. (Code Civ. Proc., §\r\n403.040, subd. (a).) “A party may amend its pleading once without leave of\r\ncourt at any time before an answer, demurrer, or motion to strike is filed, or\r\nafter a demurrer or motion to strike is filed if the amended pleading is filed\r\nand served no later than the date for filing an opposition to the demurrer or motion\r\nto strike. (Code Civ. Proc., § 472, subd. (a).) If the motion is made after the\r\ntime for the plaintiff to amend the pleading, the motion may only be granted if\r\n(1) the case is incorrectly classified; and (2) the plaintiff shows good cause\r\nfor not seeking reclassification earlier. (Code Civ. Proc., § 403.040, subd. (b).)

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Here,\r\nDefendant seeks to reclassify this action to unlimited jurisdiction arguing\r\nthat Plaintiff’s FAC seeks $80,000.00 in damages which exceeds the jurisdiction\r\nof this limited jurisdiction Court. (Mot., p. 3.) Defendant argues that\r\nPlaintiff seeks $20,000 plus punitive damages for each of Plaintiff’s four\r\ncauses of action. (Id.) In opposition, Plaintiff explains that while\r\neach of the four counts in the FAC restates its claim for $20,000.00 in\r\ndamages, the prayer itself does not request $80,000.00 in damages; rather, the\r\nprayer states Plaintiff seeks damages of $20,000.00 plus punitive damages.\r\n(Oppo., pp. 2-3.) Plaintiff argues it elected to file this action in limited court\r\nbeing fully aware of the jurisdictional limits of recovery and that it has\r\nmerely alleged alternative theories of recovery for a single set of facts. (Id.)\r\nFor these reasons, Plaintiff argues, the action should remain in limited\r\njurisdiction. (Id.)

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The Court\r\nagrees. Having read the FAC, the Court finds the relief sought is within the\r\njurisdictional limits of this Court. Thus, Defendant’s Motion to reclassify\r\nthis action to unlimited jurisdiction is DENIED.

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III. \r\nConclusion & Order

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For the\r\nforegoing reasons, Defendant Maiko Ozawa’s Motion to Reclassify this Action\r\nfrom Limited to Unlimited is DENIED.

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Moving party is\r\nordered to give notice.

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