This case was last updated from Los Angeles County Superior Courts on 12/04/2020 at 18:43:33 (UTC).

EXITE GROUP INC VS SMILE WORLD INC ET AL

Case Summary

On 01/21/2009 EXITE GROUP INC filed a Contract - Other Contract lawsuit against SMILE WORLD INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are TERESA SANCHEZ-GORDON, KENNETH R. FREEMAN, ROBERT H. O'BRIEN, MATTHEW ST. GEORGE, JAMES C. CHALFANT, EDWARD B. MORETON and SAMANTHA JESSNER. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5957

  • Filing Date:

    01/21/2009

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

TERESA SANCHEZ-GORDON

KENNETH R. FREEMAN

ROBERT H. O'BRIEN

MATTHEW ST. GEORGE

JAMES C. CHALFANT

EDWARD B. MORETON

SAMANTHA JESSNER

 

Party Details

Plaintiffs and Petitioners

BELLA PIERRE COSMETICS

EXITE GROUP INC.

EXITE GROUP INC. DBA BELLA PIERRE COSMETICS

Defendants and Respondents

DOES 1 THROUGH 100

KIM JIN YOUNG

SMILE WORLD INC.

JK BEAUTY GROUP INC.

STK ENTERPRISES INC.

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

GLASSMAN A.J.

OBERMAN I. ALLAN ESQ.

OBERMAN I. ALLAN

GLASSMAN ARNOLD JAY

Defendant and Respondent Attorneys

CHAN FRANKY C. ESQ.

GREEN CHARLES M. ESQ.

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE REASSIGNMENT FROM INACTIVE COURT) OF 09/15/2020

9/15/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE REASSIGNMENT FROM INACTIVE COURT) OF 09/15/2020

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE SETTING HEARING DATE) OF 09/16/2020

9/16/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE SETTING HEARING DATE) OF 09/16/2020

Judgment - JUDGMENT [AMENDED]

10/16/2020: Judgment - JUDGMENT [AMENDED]

NOTICE RE: CONTINUANCE OF HEARING

3/14/2011: NOTICE RE: CONTINUANCE OF HEARING

PETITION TO CONFIRM, CORRECT OR VACATE CONTRACTUAL ARBITRATION AWARD (ALTERNATIVE DISPUTE RESOLUTION)

4/18/2012: PETITION TO CONFIRM, CORRECT OR VACATE CONTRACTUAL ARBITRATION AWARD (ALTERNATIVE DISPUTE RESOLUTION)

NOTICE OF HEARING

4/20/2012: NOTICE OF HEARING

JUDGMENT

7/12/2012: JUDGMENT

Minute Order -

11/1/2012: Minute Order -

Minute Order -

8/28/2013: Minute Order -

DECLARATION OF A.J. GLASSMAN, ESQ. IN SUPPORT OF OPPOSITION TO DEFENDANT/CROSS COMPLAINANT JIN YOUNG KIM?S MOTION TO MODIFY JUDGMENT/WRIT OF EXECUTION AND APPLICATION FOR DECLARATION RELIEF

3/25/2014: DECLARATION OF A.J. GLASSMAN, ESQ. IN SUPPORT OF OPPOSITION TO DEFENDANT/CROSS COMPLAINANT JIN YOUNG KIM?S MOTION TO MODIFY JUDGMENT/WRIT OF EXECUTION AND APPLICATION FOR DECLARATION RELIEF

AFFIDAVIT OF SERVICE

3/26/2014: AFFIDAVIT OF SERVICE

AFFIDAVIT OF SERVICE

3/26/2014: AFFIDAVIT OF SERVICE

 

Docket Entries

  • 11/23/2020
  • DocketWrit of Execution; Filed by Exite Group, INC. (Plaintiff)

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  • 11/20/2020
  • DocketDeclaration (of Lost Writ); Filed by Exite Group, INC. (Plaintiff)

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  • 10/22/2020
  • DocketWrit of Execution ((Los Angeles)); Filed by Exite Group, INC. (Plaintiff)

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  • 10/20/2020
  • DocketNotice of Ruling; Filed by Exite Group, INC. (Plaintiff)

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  • 10/16/2020
  • Docketat 08:30 AM in Department 74; Hearing on Motion for Leave to Amend (Judgment pursuant to Stipulation) - Held - Motion Granted

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  • 10/16/2020
  • DocketCertificate of Mailing for ((Hearing on Motion for Leave to Amend Judgment pursuant to Sti...) of 10/16/2020, Amended Judgment); Filed by Clerk

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  • 10/16/2020
  • DocketJudgment (- Arbitration Award - Before Trial - 10/16/2020 entered for Plaintiff Exite Group, INC. DBA Bella Pierre Cosmetics against Defendant Smile World, INC.; Defendant JK Beauty Group Inc.; Defendant STK Enterprises, Inc.; Defendant Jin Young Kim.); Filed by Clerk

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  • 10/16/2020
  • DocketMinute Order ( (Hearing on Motion for Leave to Amend Judgment pursuant to Sti...)); Filed by Clerk

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  • 10/16/2020
  • DocketJudgment ([Amended]); Filed by Exite Group, INC. (Plaintiff)

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  • 09/23/2020
  • DocketNotice of Ruling; Filed by Exite Group, INC. (Plaintiff)

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139 More Docket Entries
  • 02/19/2009
  • DocketProof of Service; Filed by Attorney for Defendant/Respondent

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  • 02/18/2009
  • DocketNotice of Motion (4-22-09 MOT COMPEL ); Filed by Attorney for Defendant/Respondent

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  • 02/11/2009
  • DocketNotice-Case Management Conference; Filed by Clerk

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  • 01/27/2009
  • Docketat 08:30 am in Department 85, James C. Chalfant, Presiding; Exparte proceeding - Denied

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  • 01/27/2009
  • DocketEx-Parte Application (FOR TRO AND OSC ); Filed by Attorney for Pltf/Petnr

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  • 01/27/2009
  • DocketDeclaration (RE EX PARTE NTC ); Filed by Attorney for Pltf/Petnr

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  • 01/21/2009
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 01/21/2009
  • DocketComplaint; Filed by Exite Group, INC. (Plaintiff)

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  • 01/21/2009
  • DocketCivil Case Cover Sheet; Filed by Exite Group, INC. (Plaintiff)

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  • 01/21/2009
  • DocketComplaint

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Tentative Rulings

Case Number: BC405957    Hearing Date: October 16, 2020    Dept: 74

BC405957 EXITE GROUP, INC. vs SMILE WORLD, INC.

Plaintiff’s Unopposed Motion for Leave to Amend Judgment

TENTATIVE RULING: The motion is GRANTED.

To prevail on this motion, the judgment creditor must show, by a preponderance of the evidence, that: “(1) the parties to be added as judgment debtors had control of the underlying litigation and were virtually represented in that proceeding; (2) there is such a unity of interest and ownership that the separate personalities of the entity and the owners no longer exist; and (3) an inequitable result will follow if the acts are treated as those of the entity alone.” (Relentless Air Racing, LLC v. Airborne Turbine Ltd. Partnership (2013) 222 Cal.App.4th 811, 815–816, 166 Cal.Rptr.3d 421.) The decision to grant or deny the motion lies within the sound discretion of the trial court (id. at p. 815, 166 Cal.Rptr.3d 421) and will not be disturbed on appeal if there is a legal basis for the decision and substantial evidence supports it. (See People ex rel. Harris v. Sarpas (2014) 225 Cal.App.4th 1539, 1552, 172 Cal.Rptr.3d 25.)” (Highland Springs Conference & Training Center v. City of Banning (2016) 244 Cal.App.4th 267, 280.)

Here, the successors agreed to be: (1) added as judgment debtors and (2) jointly and severally liable for the sum of $1,170,610.77 with interest at 10% per annum. (Motion to Amend, Exhibit A ¶¶ 2-3.) Plaintiff also submitted an updated JUD-100 form to include the successors.