This case was last updated from Los Angeles County Superior Courts on 07/03/2019 at 10:17:00 (UTC).

YEE MEI CHOW VS HAO LU

Case Summary

On 01/04/2019 a Personal Injury - Other Personal Injury case was filed by YEE MEI CHOW against HAO LU in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0056

  • Filing Date:

    01/04/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

WENDY CHANG

 

Party Details

Plaintiff and Cross Defendant

CHOW YEE MEI

Defendant and Cross Plaintiff

LU HAO

 

Court Documents

Answer - Answer

2/22/2019: Answer - Answer

Proof of Service by Mail - Proof of Service by Mail

2/22/2019: Proof of Service by Mail - Proof of Service by Mail

Summons - Summons on Cross Complaint

1/22/2019: Summons - Summons on Cross Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

1/22/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Cross-Complaint - Cross-Complaint

1/22/2019: Cross-Complaint - Cross-Complaint

General Denial - General Denial

1/22/2019: General Denial - General Denial

Proof of Personal Service - Proof of Personal Service

2/1/2019: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

1/4/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

1/4/2019: Summons - Summons on Complaint

Complaint - Complaint

1/4/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

1/4/2019: First Amended Standing Order - First Amended Standing Order

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

1/4/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 05/14/2019
  • Declaration Declaration; Filed by: Hao Lu (Cross-Complainant)

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  • 02/22/2019
  • Answer; Filed by: Yee Mei Chow (Cross-Defendant)

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  • 02/22/2019
  • Proof of Service by Mail; Filed by: Yee Mei Chow (Plaintiff); As to: Hao Lu (Cross-Complainant); After Substituted Service of Summons & Complaint ?: No

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  • 02/01/2019
  • Proof of Personal Service; Filed by: Hao Lu (Cross-Complainant); Hao Lu (Defendant); As to: Yee Mei Chow (Cross-Defendant); Service Date: 02/01/19; Service Cost: 0.00; Service Cost Waived: No

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  • 01/22/2019
  • Cross-Complaint; Filed by: Hao Lu (Cross-Complainant); As to: Yee Mei Chow (Cross-Defendant)

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  • 01/22/2019
  • Summons on Cross Complaint; Issued and Filed by: Clerk

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  • 01/22/2019
  • Civil Case Cover Sheet; Filed by: Hao Lu (Cross-Complainant)

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  • 01/22/2019
  • General Denial; Filed by: Hao Lu (Defendant)

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  • 01/04/2019
  • Complaint; Filed by: Yee Mei Chow (Plaintiff); As to: Hao Lu (Defendant)

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  • 01/04/2019
  • Civil Case Cover Sheet; Filed by: Yee Mei Chow (Plaintiff)

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  • 01/04/2019
  • Summons on Complaint; Issued and Filed by: Clerk

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  • 01/04/2019
  • Notice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/04/2019
  • First Amended Standing Order; Filed by: Clerk

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  • 01/04/2019
  • Case assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 01/04/2019
  • Non-Jury Trial scheduled for 07/06/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 01/04/2019
  • Order to Show Cause Re: Failure to File Proof of Service scheduled for 01/07/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC00056    Hearing Date: February 05, 2020    Dept: 26

Chow v. Lu, et al.

MOTION TO QUASH SERVICE; DEMURRER; STRIKE

(CCP §§ 418.10, )

TENTATIVE RULING:

Cross-Defendant Brian Lam’s Motion to Quash Service of the First Amended Cross-Complaint and Cross-Defendant Jonathan Cook’s Demurrer and Motion to Strike the First Amended Cross-Complaint are PLACED OFF CALENDAR.

As a limited jurisdiction court, this Court lacks jurisdiction to grant the relief sought in the Complaint and Cross-Complaint. Specifically, the requests for declaratory relief and injunctive relief are outside the jurisdiction of this Court. (See Code Civ. Proc., §§ 85, 86, subds. (a)(7)-(8).) THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE TRANSFER/RECLASSIFICATION DESK FOR COLLECTION OF FEES AND REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

ANALYSIS:

On January 4, 2019, Plaintiff Yee Mei Chow (“Plaintiff”), in pro per, filed this action for intentional tort and injunctive relief against Defendant Hao Lu (“Defendant”). The Complaint alleged that Defendant has knowingly and maliciously occupied a piece of land owned by Plaintiff, and over which previous litigation was resolved. On January 22, 2019, Defendant, in pro per, filed a Cross-Complaint against Plaintiff for indemnification and apportionment of fault, and seeking declaratory relief, injunctive relief, and exemplary damages. Defendant filed an Answer to the Complaint on the same date. On February 22, 2019, Plaintiff filed an Answer to the Cross-Complaint.

On October 17, 2019, Defendant/Cross-Complainant filed a First Amended Cross-Complaint without leave of Court. The First Amended Cross-Complaint is against Plaintiff, Jonathan Cook (“Cook”), Baldwin Park Homes, LLC (“Baldwin Homes”) and Brian Lam (“Lam”). Plaintiff retained counsel in November 2019 and filed an Answer to the First Amended Cross-Complaint on November 18, 2019. The First Amended Cross-Complaint also alleges causes of action for indemnification and apportionment of fault and seeks declaratory relief, injunctive relief, and exemplary damages.

On November 27, 2019, Cross-Defendant Lam filed the instant Motion to Quash Service of Summons and Complaint. On December 18, 2019, Cross-Defendant Cook filed the instant Demurrer and Motion to Strike the First Amended Cross-Complaint. To date, no oppositions have been filed to address these motions.

On the its own motion, pursuant to Code of Civil Procedure section 436, subdivision (b), the Court strikes the First Amended Cross-Complaint of Cross-Complainant Hao Lu filed on October 17, 2019. The First Amended Cross-Complaint was not filed in conformity with the law. Code of Civil Procedure section 428.50 states in relevant part:

(a) A party shall file a cross-complaint against any of the parties who filed the complaint or cross-complaint against him or her before or at the same time as the answer to the complaint or cross-complaint.

(b) Any other cross-complaint may be filed at any time before the court has set a date for trial.

(c) A party shall obtain leave of court to file any cross-complaint except one filed within the time specified in subdivision (a) or (b). Leave may be granted in the interest of justice at any time during the course of the action.

(Code Civ. Proc., § 428.50.) Cross-Complainant filed his Answer and original Cross-Complaint against Plaintiff on January 22, 2019 in accordance with subdivision (a). The trial date having been set on January 4, 2019, no other cross-complaint could be filed except pursuant to subdivision (c), which requires leave of court. Cross-Complainant did not obtain leave of Court prior to filing the First Amended Cross-Complaint. Therefore, the Court finds it was not filed in conformity with the laws of this state and should be struck. (Code Civ. Proc., § 436, subd. (b).)

Based on the foregoing, Cross-Defendant Brian Lam’s Motion to Quash Service of the First Amended Cross-Complaint and Cross-Defendant Jonathan Cook’s Demurrer and Motion to Strike the First Amended Cross-Complaint are PLACED OFF CALENDAR.

Finally, as a limited jurisdiction court, this Court lacks jurisdiction to grant the relief sought in the Complaint and Cross-Complaint. Specifically, the requests for declaratory relief and injunctive relief are outside the jurisdiction of this Court. (See Code Civ. Proc., §§ 85, 86, subds. (a)(7)-(8).) THIS CASE IS RECLASSIFIED AS AN UNLIMITED CIVIL CASE AND TRANSFERRED TO THE TRANSFER/RECLASSIFICATION DESK FOR COLLECTION OF FEES AND REASSIGNMENT TO AN INDEPENDENT CALENDAR COURT. PLAINTIFF IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

Court clerk to give notice.