This case was last updated from Los Angeles County Superior Courts on 01/08/2021 at 18:55:42 (UTC).

GENERAL ELECTRIC CAPITAL CORP. VS. PIONEER AUTO EXPRESS CORP

Case Summary

On 02/08/2011 GENERAL ELECTRIC CAPITAL CORP filed a Contract - Other Contract lawsuit against PIONEER AUTO EXPRESS CORP. This case was filed in Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California. The Judges overseeing this case are RAUL A. SAHAGUN, HICKOK, PHILIP H. and YVONNE T. SANCHEZ. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8102

  • Filing Date:

    02/08/2011

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

RAUL A. SAHAGUN

HICKOK, PHILIP H.

YVONNE T. SANCHEZ

 

Party Details

Plaintiff

GENERAL ELECTRIC CAPITAL CORPORATION

Defendants

CHAI SANG

CHO KEVIN K AN INDIV.

LEE YOO

PIONEER AUTO EXPRESS CORPORATION

TRAN AUTO LOGISTIC CORP.

CHAI SANG MAN

LEE YOO JEONG

LEE YOO J.

CHAI SANG M.

LEE YOO AKA YOO J. LEE AKA YOO JEONG LEE AN INDIVIDUAL

CHAI SANG AKA SANG M. CHAI AKA SANG MAN CHAI AN INDIVIDUAL

Assignee

GUARANTY SOLUTIONS RECOVERY FUND 1 LLC

Attorney/Law Firm Details

Plaintiff Attorney

HEMAR ROUSSO & HEALD LLP

Assignee Attorney

MCKENDRICK ROBERT

 

Court Documents

Minute Order - MINUTE ORDER ENTERED: 2012-01-10 00:00:00

1/10/2012: Minute Order - MINUTE ORDER ENTERED: 2012-01-10 00:00:00

Minute Order - MINUTE ORDER ENTERED: 2012-03-09 00:00:00

3/9/2012: Minute Order - MINUTE ORDER ENTERED: 2012-03-09 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: PARTIAL DISMISSAL W/OUT PREJUDICE

3/22/2012: Legacy Document - LEGACY DOCUMENT TYPE: PARTIAL DISMISSAL W/OUT PREJUDICE

Legacy Document - LEGACY DOCUMENT TYPE: PARTIAL DISMISSAL W/OUT PREJUDICE

4/19/2012: Legacy Document - LEGACY DOCUMENT TYPE: PARTIAL DISMISSAL W/OUT PREJUDICE

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

4/27/2012: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Other - - ORDER

5/16/2012: Other - - ORDER

Minute Order - MINUTE ORDER ENTERED: 2012-05-16 00:00:00

5/16/2012: Minute Order - MINUTE ORDER ENTERED: 2012-05-16 00:00:00

Minute Order - MINUTE ORDER ENTERED: 2012-06-08 00:00:00

6/8/2012: Minute Order - MINUTE ORDER ENTERED: 2012-06-08 00:00:00

Judgment - JUDGMENT - DEFAULT JUDGMENT BY COURT - BEFORE TRIAL - 06/15/2012 ENTERED FOR PLAINTIFF GENERAL ELECTRIC CAPITAL CORPORATION AGAINST DEFENDANT PIONEER AUTO EXPRESS CORPORATION, A CORPORATION

6/15/2012: Judgment - JUDGMENT - DEFAULT JUDGMENT BY COURT - BEFORE TRIAL - 06/15/2012 ENTERED FOR PLAINTIFF GENERAL ELECTRIC CAPITAL CORPORATION AGAINST DEFENDANT PIONEER AUTO EXPRESS CORPORATION, A CORPORATION

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

1/28/2019: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Assignment of Judgment

1/28/2019: Assignment of Judgment

Assignment of Judgment

1/28/2019: Assignment of Judgment

Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

1/31/2019: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

3/11/2020: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

10/5/2020: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

Application for Order of Sale of Dwelling

11/20/2020: Application for Order of Sale of Dwelling

Application for Order of Sale of Dwelling

11/23/2020: Application for Order of Sale of Dwelling

Order - COURT ORDER/RULING (HEARING 12-23-20)

12/23/2020: Order - COURT ORDER/RULING (HEARING 12-23-20)

32 More Documents Available

 

Docket Entries

  • 12/23/2020
  • Docketat 1:30 PM in Department C; Hearing on Motion for Order (Application for Issuance for Order of Sale of Dwelling) - Held - Motion Granted

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  • 12/23/2020
  • DocketCourt Order/Ruling (Hearing 12-23-20); Filed by Clerk

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  • 12/23/2020
  • DocketMinute Order ( (Hearing on Motion for Order Application for Issuance for Orde...)); Filed by Clerk

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  • 11/30/2020
  • DocketProof of Service (not Summons and Complaint); Filed by GUARANTY SOLUTIONS RECOVERY FUND 1, LLC (Assignee)

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  • 11/23/2020
  • DocketMemorandum of Points & Authorities; Filed by Guaranty Solutions Recovery Fund 1, LLC (Assignee)

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  • 11/23/2020
  • DocketApplication for Order of Sale of Dwelling; Filed by Guaranty Solutions Recovery Fund 1, LLC (Assignee)

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  • 11/23/2020
  • DocketProof of Service (not Summons and Complaint); Filed by Guaranty Solutions Recovery Fund 1, LLC (Assignee)

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  • 11/23/2020
  • DocketDeclaration (of Robert V. McKendrick); Filed by Guaranty Solutions Recovery Fund 1, LLC (Assignee)

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  • 11/20/2020
  • DocketDeclaration re: Order for Sale of Dwelling; Filed by GUARANTY SOLUTIONS RECOVERY FUND 1, LLC (Assignee)

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  • 11/20/2020
  • DocketProof of Service (not Summons and Complaint); Filed by GUARANTY SOLUTIONS RECOVERY FUND 1, LLC (Assignee); GENERAL ELECTRIC CAPITAL CORPORATION (Plaintiff)

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124 More Docket Entries
  • 02/16/2011
  • DocketDeclaration of Tim Kocher; Filed by GENERAL ELECTRIC CAPITAL CORPORATION (Plaintiff)

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  • 02/16/2011
  • DocketMemorandum of Points & Authorities; Filed by GENERAL ELECTRIC CAPITAL CORPORATION (Plaintiff)

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  • 02/16/2011
  • DocketNotice of Motion; Filed by Attorney for Plaintiff

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  • 02/16/2011
  • DocketNotice of Motion; Filed by GENERAL ELECTRIC CAPITAL CORPORATION (Plaintiff)

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  • 02/08/2011
  • DocketComplaint filed-Summons Issued

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  • 02/08/2011
  • DocketCivil Case Cover Sheet; Filed by GENERAL ELECTRIC CAPITAL CORPORATION (Plaintiff)

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  • 02/08/2011
  • DocketNotice of Case Management Conference; Filed by null

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  • 02/08/2011
  • DocketNotice-Case Management Conference

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  • 02/08/2011
  • DocketSummons; Filed by GENERAL ELECTRIC CAPITAL CORPORATION (Plaintiff)

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  • 02/08/2011
  • DocketComplaint filed-Summons Issued; Filed by null

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Tentative Rulings

Case Number: VC058102    Hearing Date: December 23, 2020    Dept: C

GENERAL ELECTRIC CAPITAL CORP. v. PIONEER AUTO EXPRESS CORP.

CASE NO.: VC058102

HEARING: 12/23/2020

JUDGE: OLIVIA ROSALES

#3

TENTATIVE ORDER

Judgment Creditor GENERAL ELECTRIC CAPITAL CORP.’s unopposed application for issuance for order of sale of dwelling is GRANTED.

Moving Party to give Notice

No Opposition filed as of December 18, 2020.

The judgment creditor must file the application for an order of sale in the county where the dwelling is located. (See CCP 704.750.) The court shall determine whether the dwelling is exempt. If the court determines that the dwelling is exempt, the court shall determine the amount of the homestead exemption and the fair market value of the dwelling. If the court determines that the dwelling is not exempt, the court shall make an order for sale of the property in the manner provided in Article 6 (commencing with Section 701.510) of Chapter 3. (CCP 704.780(b).)

Homestead Exemption

If the records of the county tax assessor indicate that there is a current homeowner's exemption or disabled veteran's exemption for the dwelling claimed by the judgment debtor or the judgment debtor's spouse, the judgment creditor has the burden of proof that the dwelling is not a homestead. If the records of the county tax assessor indicate that there is not a current homeowner's exemption or disabled veteran's exemption for the dwelling claimed by the judgment debtor or the judgment debtor's spouse, the burden of proof that the dwelling is a homestead is on the person who claims that the dwelling is a homestead. (CCP 704.780(a)(1).)

(a) The amount of the homestead exemption is one of the following: (1) Seventy-five thousand dollars ($75,000) unless the judgment debtor or spouse of the judgment debtor who resides in the homestead is a person described in paragraph (2) or (3). (2) One hundred thousand dollars ($100,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead a member of a family unit, and there is at least one member of the family unit who owns no interest in the homestead or whose only interest in the homestead is a community property interest with the judgment debtor. (3) One hundred seventy-five thousand dollars ($175,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any one of the following: (A) A person 65 years of age or older. (B) A person physically or mentally disabled who as a result of that disability is unable to engage in substantial gainful employment. There is a rebuttable presumption affecting the burden of proof that a person receiving disability insurance benefit payments under Title II or supplemental security income payments under Title XVI of the federal Social Security Act satisfies the requirements of this paragraph as to his or her inability to engage in substantial gainful employment. (C) A person 55 years of age or older with a gross annual income of not more than twenty–five thousand dollars ($25,000) or, if the judgment debtor is married, a gross annual income, including the gross annual income of the judgment debtor’s spouse, of not more than thirty–five thousand dollars ($35,000) and the sale is an involuntary sale. (CCP 704.730.)

Here, no evidence has been presented to indicate that a homestead exemption has been filed. (Mc Kendrick Decl., ¶6.)

The current fair market value of the property is approximately between $430,000.00 and $450,000.00. (McKendrick Decl., ¶8) Title to the property is held in the name of Yoo Jeong Lee, A Married Woman as Her Sole and Separate Property. (Mc Kendrick Decl., Ex. 2.)

The unopposed application is GRANTED.