This case was last updated from Los Angeles County Superior Courts on 06/07/2019 at 01:20:48 (UTC).

CHUNPING CONG VS JASON TSAO

Case Summary

On 12/14/2016 CHUNPING CONG filed a Property - Other Property Fraud lawsuit against JASON TSAO. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are PETER A. HERNANDEZ and DUKES, ROBERT A.. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8926

  • Filing Date:

    12/14/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

PETER A. HERNANDEZ

DUKES, ROBERT A.

 

Party Details

Plaintiffs and Cross Defendants

CONG CHUNPING

C & L MARBLE PRODUCTS

Defendants and Cross Plaintiffs

CAO MATTHEW

CAO MINGXIU

TSAO JASON

Cross Defendants

CAO LIREN

CONG CHUNPING

C&L MARBLE PRODUCTS INC. A DISSOLVED CALIFORNIA CORPORATION

CAO BRIAN LIFU

C & L MARBLE PRODUCTS

CAO MINGXIU AKA MATTHEW CAO

Attorney/Law Firm Details

Cross Defendant and Plaintiff Attorney

TIEDT JOHN E. ESQ.

Defendant and Cross Plaintiff Attorneys

LLOREDA CARLOS

TIEDT JOHN EDWARD ESQ.

ALVAREZ-GLASMAN ARNOLD M.

OWENS STEPHEN THOMAS

 

Court Documents

Unknown

2/20/2018: Unknown

Notice of Change of Address or Other Contact Information

9/26/2018: Notice of Change of Address or Other Contact Information

Notice of Case Reassignment and Order for Plaintiff to Give Notice

9/27/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Stipulation and Order

12/4/2018: Stipulation and Order

Motion for Leave to Amend

1/17/2019: Motion for Leave to Amend

Motion for Leave to Amend

1/18/2019: Motion for Leave to Amend

Opposition

1/24/2019: Opposition

Notice

1/28/2019: Notice

Opposition

1/29/2019: Opposition

Notice

1/30/2019: Notice

Reply

1/31/2019: Reply

Notice of Ruling

2/6/2019: Notice of Ruling

Minute Order

2/7/2019: Minute Order

Substitution of Attorney

3/8/2019: Substitution of Attorney

Request for Refund / Order

3/25/2019: Request for Refund / Order

Answer

3/29/2019: Answer

Notice

4/3/2019: Notice

Request for Dismissal

4/12/2019: Request for Dismissal

8 More Documents Available

 

Docket Entries

  • 04/12/2019
  • Request for Dismissal; Filed by CHUNPING CONG (Plaintiff)

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  • 04/03/2019
  • Notice (Notice of Unavailability); Filed by JASON TSAO (Defendant)

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  • 03/29/2019
  • Answer; Filed by CHUNPING CONG (Plaintiff); Mingxiu Cao (Defendant)

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  • 03/26/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 03/25/2019
  • Request for Refund / Order; Filed by Mingxiu Cao (Defendant)

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  • 03/11/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 03/08/2019
  • Substitution of Attorney; Filed by JASON TSAO (Defendant)

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  • 03/01/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Hearing on Motion for Leave to Amend (Cross-Complaint) - Held - Advanced and Heard

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  • 02/19/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Hearing on Motion to Compel Further Discovery Responses

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  • 02/11/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Hearing on Motion for Leave to Amend (Cross-Complaint) - Not Held - Continued - Court's Motion

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127 More Docket Entries
  • 02/10/2017
  • Demurrer; Filed by JASON TSAO (Defendant)

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  • 02/10/2017
  • Demurrer; Filed by Attorney for Defendant

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  • 01/13/2017
  • Notice of Pending Action; Filed by Attorney for Plaintiff

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  • 01/13/2017
  • Notice of Lis Pendens; Filed by Plaintiff

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  • 01/11/2017
  • Rtn of Service of Summons & Compl; Filed by Attorney for Plaintiff

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  • 01/11/2017
  • Rtn of Service of Summons & Compl; Filed by CHUNPING CONG (Plaintiff); C & L MARBLE PRODUCTS (Plaintiff)

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  • 12/19/2016
  • Notice-Case Management Conference; Filed by Clerk

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  • 12/19/2016
  • Notice of Case Management Conference; Filed by Clerk

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  • 12/14/2016
  • Complaint; Filed by null

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  • 12/14/2016
  • Complaint Filed

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Tentative Rulings

Case Number: KC068926    Hearing Date: October 15, 2020    Dept: O

Cross-Defendants ChunPing Cong, C&L Marble Products, Inc, and MingXiu Cao’s motion to bifurcate trial is GRANTED.

Merits

Under Code of Civil Procedure (“CCP”) section 1048:

The Court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action asserted in a cross-complaint, or of any separate issue or of any number of causes of action or issues, preserving the right of trial by jury required by the Constitution or a statute of this state or of the United States.

(CCP § 1048(b).)

Cross-Defendants ChunPing Cong, C&L Marble Products, Inc, and MingXiu Cao (collectively “Cross-Defendants”) contend that bifurcating/severing the issue of statute of limitations will promote judicial economy and efficiency of handling this case. Cross-Complainant filed a notice of non-opposition to this motion.

Under CCP section 597, the court may bifurcate where a statute of limitations is pleaded as a defense. (CCP § 597.5.) Only after the issue raised by the statute of limitations is finally determined in favor of the plaintiff or cross-complainant would the remaining issues then be tried. (Id.) Cross-Defendants have raised the issue of statute of limitations in their answer to the cross-complaint as the 14th affirmative defense.

Accordingly, motion is GRANTED.

The Court also notes that Defendant and Cross-Complainant Jason Tsao (“Defendant Tsao”) requested in his notice of non-opposition to have this court concurrently hear his motion to bifurcate that is currently set for November 16, 2020. However, this request is essentially a request to shorten the time of notice for this motion, without properly bringing an ex parte Thus, the Court will keep the currently set hearing date for his motion. The Court will hear from the parties whether there is an agreement concerning Defendant Tsao’s request to bifuricate.