This case was last updated from Los Angeles County Superior Courts on 09/17/2021 at 09:27:56 (UTC).

YIJIANG CHEN VS AID HOME REMODELING, ET AL.

Case Summary

On 12/11/2020 YIJIANG CHEN filed a Contract - Other Contract lawsuit against AID HOME REMODELING. 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:

    *******0358

  • Filing Date:

    12/11/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Cross Defendants and Plaintiffs

CHEN YIJIANG

BUFFINGTON MORRIS

BUFFINGTON DONNA

AID HOME REMODELING INC.

BITAN ARIE

Defendants

AID HOME REMODELING

SURETEC INDEMNITY COMPANY

Cross Plaintiffs and Defendants

SURETEC INDEMNITY COMPANY

SURETEC INSURANCE COMPANY

Attorney/Law Firm Details

Defendant and Cross Plaintiff Attorneys

STEIN CHARLES Z

HOWARD ELMIRA

 

Court Documents

Request for Dismissal - Request for Dismissal

4/29/2021: Request for Dismissal - Request for Dismissal

Request for Dismissal - Request for Dismissal

5/5/2021: Request for Dismissal - Request for Dismissal

Motion for Reconsideration - Motion for Reconsideration

3/5/2021: Motion for Reconsideration - Motion for Reconsideration

Motion for Reconsideration - (Amended)

3/8/2021: Motion for Reconsideration - (Amended)

Opposition (name extension) - Opposition Plaintiff Opposing Defendant Aid Home Remodeling, Inc.'s Objection to Plaintiff's Response to Reply to Opposition to Demurrer to First Amended Complaint

2/24/2021: Opposition (name extension) - Opposition Plaintiff Opposing Defendant Aid Home Remodeling, Inc.'s Objection to Plaintiff's Response to Reply to Opposition to Demurrer to First Amended Complaint

Memorandum of Points & Authorities - Memorandum of Points & Authorities in opposition to defendant Aid Home Remodeling, Inc's Demurrer

2/10/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities in opposition to defendant Aid Home Remodeling, Inc's Demurrer

Reply (name extension) - Reply DEFENDANT AID HOME REMODELING, INC.S REPLY TO OPPOSITION TO DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT

2/17/2021: Reply (name extension) - Reply DEFENDANT AID HOME REMODELING, INC.S REPLY TO OPPOSITION TO DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT

Response (name extension) - Response to defendant Aid Home Remodeling Inc.'s reply to opposition

2/19/2021: Response (name extension) - Response to defendant Aid Home Remodeling Inc.'s reply to opposition

Response (name extension) - (Amended)

2/22/2021: Response (name extension) - (Amended)

Objection (name extension) - Objection DEFENDANT AID HOME REMODELING, INC.S OBJECTION TO PLAINTIFFS RESPONSE TO REPLY TO OPPOSITION TO DEMURRER TO FIRST AMENDED COMPLAINT AND REQUEST FOR THE COURT T

2/23/2021: Objection (name extension) - Objection DEFENDANT AID HOME REMODELING, INC.S OBJECTION TO PLAINTIFFS RESPONSE TO REPLY TO OPPOSITION TO DEMURRER TO FIRST AMENDED COMPLAINT AND REQUEST FOR THE COURT T

Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 02/24/2021

2/24/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 02/24/2021

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

2/24/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Answer - Answer

2/3/2021: Answer - Answer

Summons - Summons on Complaint (1st)

2/3/2021: Summons - Summons on Complaint (1st)

Cross-Complaint - Cross-Complaint

2/3/2021: Cross-Complaint - Cross-Complaint

Memorandum of Points & Authorities - Memorandum of Points & Authorities in opposition to defendant Aid Home Remodeling, Inc's Demurrer

2/10/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities in opposition to defendant Aid Home Remodeling, Inc's Demurrer

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

1/27/2021: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Proof of Personal Service - Proof of Personal Service

12/21/2020: Proof of Personal Service - Proof of Personal Service

17 More Documents Available

 

Docket Entries

  • 12/15/2023
  • Hearing12/15/2023 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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  • 06/10/2022
  • Hearing06/10/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/27/2021
  • DocketPursuant to the request of moving party, Hearing on Motion for Reconsideration scheduled for 07/28/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Party on 07/27/2021

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  • 05/06/2021
  • DocketUpdated -- Request for Dismissal Filed Not Entered: Name Extension: Filed Not Entered; As To Parties changed from AID Home Remodeling (Defendant), Suretec Insurance Company Erroneously Sued As SureTec Indemnity Company (Defendant) to Suretec Insurance Company Erroneously Sued As SureTec Indemnity Company (Defendant), AID Home Remodeling (Defendant)

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  • 05/06/2021
  • DocketERROR with ROA message definition 129 with DismissalParty:2331023 resulted in empty message

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  • 05/06/2021
  • DocketERROR with ROA message definition 129 with DismissalParty:2331024 resulted in empty message

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  • 05/05/2021
  • DocketOn the Cross-Complaint filed by SureTec Indemnity Company on 02/03/2021, entered Request for Dismissal without prejudice filed by SureTec Indemnity Company as to Yijiang Chen

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  • 04/29/2021
  • DocketOn the Amended Complaint (1st) filed by Yijiang Chen on 12/23/2020, entered Request for Dismissal with prejudice filed by Yijiang Chen

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  • 03/08/2021
  • DocketAmended Motion for Reconsideration; Filed by: Yijiang Chen (Plaintiff)

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  • 03/05/2021
  • DocketMotion for Reconsideration; Filed by: Yijiang Chen (Plaintiff)

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21 More Docket Entries
  • 12/18/2020
  • DocketProof of Service by Substituted Service; Filed by: Yijiang Chen (Plaintiff); As to: AID Home Remodeling (Defendant); Proof of Mailing Date: 12/18/20; Service Cost: 40.00; Service Cost Waived: No

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  • 12/18/2020
  • DocketProof of Service by Mail; Filed by: Yijiang Chen (Plaintiff); As to: AID Home Remodeling (Defendant); After Substituted Service of Summons & Complaint ?: No

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  • 12/11/2020
  • DocketComplaint; Filed by: Yijiang Chen (Plaintiff); As to: AID Home Remodeling (Defendant); SureTec Indemnity Company (Defendant)

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  • 12/11/2020
  • DocketCivil Case Cover Sheet; Filed by: Yijiang Chen (Plaintiff)

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  • 12/11/2020
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 12/11/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/11/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/11/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 12/11/2020
  • DocketNon-Jury Trial scheduled for 06/10/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 12/11/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/15/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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Tentative Rulings

b'

Case Number: 20STLC10358 Hearing Date: July 28, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nFOR RECONSIDERATION

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MOVING PARTY: Plaintiff\r\nYijiang Chen aka Jimmy Chen, in pro per

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RESP. PARTY: None

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MOTION FOR RECONSIDERATION

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(CCP § 1008)

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TENTATIVE RULING:

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Plaintiff Yijiang Chen’s Motion for\r\nReconsideration is CONTINUED TO SEPTEMBER 8, 2021 at 10:30 a.m. in Department\r\n25 at the SPRING STREET COURTHOUSE. At least 5 court days before the next\r\nscheduled hearing. Plaintiff must file a proof of service demonstrating\r\nDefendants were properly served with this Motion and notice of hearing. Failure\r\nto do so will result in the Motion being placed off calendar or denied.

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SERVICE: \r\n

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[ \r\n ] Proof of Service Timely Filed (CRC, rule\r\n3.1300) NO

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[ \r\n ] Correct Address (CCP §§ 1013, 1013a) NO

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[ \r\n ] 16/21 Court Days Lapsed (CCP §§ 12c,\r\n1005(b)) NO

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OPPOSITION: None filed as of July 26,\r\n2021 [ ] Late [X]\r\nNone

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REPLY: None filed as\r\nof July 26, 2021 [ ] Late [X] None

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ANALYSIS:

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I. \r\nBackground\r\n& Discussion

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On December 11, 2020, self-represented Plaintiff Yijiang\r\nChen (“Plaintiff”) filed an action for negligence against Defendants Aid Home\r\nRemodeling, Inc. (“Aid Home”) and SureTec Indemnity Company (“SureTec”).\r\nPlaintiff filed a First Amended Complaint (“FAC”) on December 23, 2020. Defendant\r\nSureTec filed an Answer and a Cross-Complaint on February 3, 2021.

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Defendant Aid Home filed a demurrer to Plaintiff’s First\r\nAmended Complaint on January 27, 2021. On February 24, 2021, the Court\r\nsustained Defendant Aid Home’s demurrer without leave to amend. (2/24/21 Minute\r\nOrder.)

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Plaintiff filed the instant Motion for Reconsideration\r\n(the “Motion”) on March 5 and an Amended Motion on March 8. No opposition was\r\nfiled.

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As an initial matter, the Court notes Plaintiff did not\r\nfile a proof of service demonstrating Defendants were properly served with this\r\nMotion and notice of hearing. Failure to give notice of a motion is not\r\nonly a violation of the statutory requirements but of due process. (Code Civ.\r\nProc., § 1005; Jones v. Otero (1984)\r\n156 Cal.App.3d 754, 757.) The Court cannot rule on the Motion until Defendants\r\nhave been given notice in accordance with the statutory requirements.

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II. \r\nConclusion\r\n& Order

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For the foregoing reasons, Plaintiff\r\nYijiang Chen’s Motion for Reconsideration is CONTINUED TO SEPTEMBER 8, 2021 at 10:30\r\na.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 5 court days\r\nbefore the next scheduled hearing. Plaintiff must file a proof of service\r\ndemonstrating Defendants were properly served with this Motion and notice of\r\nhearing. Failure to do so will result in the Motion being placed off calendar\r\nor denied.

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Moving party is ordered to give\r\nnotice.

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