This case was last updated from Los Angeles County Superior Courts on 05/24/2019 at 12:06:09 (UTC).

GREEN LAND THERMAL LLC VS LIN MING TANG

Case Summary

On 03/30/2016 GREEN LAND THERMAL LLC filed a Contract - Other Contract lawsuit against LIN MING TANG. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are OKI, DAN THOMAS and GLORIA WHITE-BROWN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8333

  • Filing Date:

    03/30/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

OKI, DAN THOMAS

GLORIA WHITE-BROWN

 

Party Details

Plaintiff and Cross Defendant

GREEN LAND THERMAL LLC

Defendants and Cross Defendants

TANG LIN MING

CHEN PETER

YUEH LIN CHANG SU

KOTAI REALTY COMPANY INC

CHEN CHARLIE

LIN CHANG SU YUEH

LIN MING TANG

KOTAI REALTY COMPANY INC. A CALIFORNIA CORPORATION

GREEN LAND THERMAL LLC

Defendants and Cross Plaintiffs

LIN CHANG SU YUEH

LIN MING TANG

Attorney/Law Firm Details

Plaintiff Attorneys

LIN DAVID S.

LIN DAVID SWEI-CHUAN

Defendant Attorney

CARLSON MARK CHRISTOPHER ESQ.

Cross Plaintiff Attorney

LEAHY ALAN JOHN

 

Court Documents

Minute Order - MINUTE ORDER ENTERED: 2016-07-13 00:00:00

7/13/2016: Minute Order - MINUTE ORDER ENTERED: 2016-07-13 00:00:00

Legacy Document -

10/11/2016: Legacy Document -

Case Management Statement

11/22/2016: Case Management Statement

Legacy Document - LEGACY DOCUMENT TYPE: REPLY TO MOTION

12/5/2016: Legacy Document - LEGACY DOCUMENT TYPE: REPLY TO MOTION

Other - - OTHER - LAW AND MOTION RULING DEPT O

12/7/2016: Other - - OTHER - LAW AND MOTION RULING DEPT O

Minute Order - MINUTE ORDER ENTERED: 2016-12-13 00:00:00

12/13/2016: Minute Order - MINUTE ORDER ENTERED: 2016-12-13 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

11/21/2017: Legacy Document - LEGACY DOCUMENT TYPE: DECLARATION

Motion to Be Relieved as Counsel

7/16/2019: Motion to Be Relieved as Counsel

Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel

9/5/2019: Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel

Civil Case Cover Sheet -

3/30/2016: Civil Case Cover Sheet -

Notice of Case Management Conference

4/5/2016: Notice of Case Management Conference

Legacy Document - LEGACY DOCUMENT TYPE: First Amended Complaint

6/7/2016: Legacy Document - LEGACY DOCUMENT TYPE: First Amended Complaint

Legacy Document - LEGACY DOCUMENT TYPE: Motion to Strike

7/18/2016: Legacy Document - LEGACY DOCUMENT TYPE: Motion to Strike

Other - - Other - Civil Deposit Slip

8/4/2016: Other - - Other - Civil Deposit Slip

Case Management Statement

10/26/2016: Case Management Statement

Legacy Document -

4/3/2018: Legacy Document -

Notice of Case Reassignment and Order for Plaintiff to Give Notice

12/19/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Notice Re: Continuance of Hearing and Order

1/14/2019: Notice Re: Continuance of Hearing and Order

136 More Documents Available

 

Docket Entries

  • 04/06/2021
  • Hearing04/06/2021 at 08:30 AM in Department J at 400 Civic Center Plaza, Pomona, CA 91766; Jury Trial

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  • 03/29/2021
  • Hearing03/29/2021 at 08:30 AM in Department J at 400 Civic Center Plaza, Pomona, CA 91766; Order to Show Cause Re: Sanctions for Moving Party's Failure to Appear

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  • 03/29/2021
  • Hearing03/29/2021 at 08:30 AM in Department J at 400 Civic Center Plaza, Pomona, CA 91766; Final Status Conference

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  • 03/23/2020
  • DocketStipulation and Order (Joint Stipulation for Trial Continuance); Filed by Green Land Thermal, LLC (Plaintiff); Charlie Chen (Defendant); Peter Chen (Defendant) et al.

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  • 12/20/2019
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Hearing on Motion to Compel (to Compel Deposition) - Held - Motion Denied

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  • 12/20/2019
  • DocketOrder (Tentative Ruling); Filed by Clerk

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  • 12/20/2019
  • DocketCertificate of Mailing for ((Hearing on Motion to Compel to Compel Deposition) of 12/20/2019); Filed by Clerk

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  • 12/20/2019
  • DocketMinute Order ( (Hearing on Motion to Compel to Compel Deposition)); Filed by Clerk

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  • 10/22/2019
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 10/16/2019
  • Docketat 09:00 AM in Department J, Gloria White-Brown, Presiding; Hearing on Ex Parte Application (.) - Held - Motion Granted

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177 More Docket Entries
  • 04/14/2016
  • DocketRtn of Service of Summons & Compl

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  • 04/12/2016
  • Docketat 09:00 AM in Department J; Ex-Parte Proceedings (Exparte proceeding; Motion Denied) -

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  • 04/12/2016
  • DocketMinute order entered: 2016-04-12 00:00:00; Filed by Clerk

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  • 04/12/2016
  • DocketEx-Parte Application; Filed by Green Land Thermal, LLC (Plaintiff)

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  • 04/12/2016
  • DocketDeclaration; Filed by Green Land Thermal, LLC (Plaintiff)

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  • 04/05/2016
  • DocketNotice; Filed by Green Land Thermal, LLC (Plaintiff)

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  • 04/05/2016
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 03/30/2016
  • DocketComplaint; Filed by null

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  • 03/30/2016
  • DocketCivil Case Cover Sheet; Filed by Green Land Thermal, LLC (Plaintiff)

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  • 03/30/2016
  • DocketSummons (on Complaint)

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Tentative Rulings

Case Number: KC068333    Hearing Date: December 20, 2019    Dept: J

HEARING DATE: Friday, December 20, 2019

NOTICE: NOT OK (see below)

RE: Green Land Thermal v. Tang, et al. (KC068333)

______________________________________________________________________________

 

Defendants/Cross-Defendants East Mission 8 Investment, Inc. dba Kotai Realty’s

(erroneously sued as Kotai Realty Company, Inc.), Charlie Chen’s and Peter Chen’s

MOTION TO COMPEL NON-PARTY KARL KOW’S PERSONAL APPEARANCE AND

TESTIMONY AND PRODUCTION OF DOCUMENTS AT DEPOSITION AND

REQUEST FOR CONTEMPT

Responding Party: None (unopposed, as of 12/10/19, 9:36 a.m.)

Tentative Ruling

Defendants/Cross-Defendants East Mission 8 Investment, Inc. dba Kotai Realty’s

(erroneously sued as Kotai Realty Company, Inc.), Charlie Chen’s and Peter Chen’s

Motion to Compel Non-Party Karl Kow’s Personal Appearance and Testimony and

Production of Documents at Deposition and Request for Contempt is DENIED without

prejudice for California Rules of Court Rule 3.1346 non-compliance.

Background

Plaintiff Green Land Thermal LLC (“Plaintiff”) alleges that it purchased a property for $5 million based on defendants’ alleged representation that the subject property was located on Indian reservation land, with the potential to build a casino. Plaintiff claims said representation was false. On June 7, 2016, Plaintiff filed a First Amended Complaint (“FAC”), asserting causes of action against Defendants Lin Ming Tang (“Lin”), Lin Chang Su Yueh (“Yueh”), Peter Chen, Charlie Chen, East Mission 8 Investment, Inc. dba Kotai Realty (erroneously sued as Kotai Realty Company, Inc.) (“EM8”) and Does 1 to 20 for:

  1. Breach of Contract

  2. Fraud and Intentional Misrepresentation or Deceit

  3. Negligent Misrepresentation

  4. Negligence

  5. Breach of Fiduciary Duty

  6. Unjust Enrichment

    On December 7, 2016, Lin and Yueh filed a First Amended Cross-Complaint (“FACC”) against Plaintiff and the remaining defendants for:

  1. Breach of Written Contract

  2. Fraud

  3. Equitable Indemnity

  4. Equitable Contribution

  5. Reimbursement

    On January 26, 2017, Plaintiff/Cross-Defendant’s demurrer to the FACC was sustained without leave as to the second cause of action.

    On April 25, 2018, the court granted Lin’s and Yeuh’s motion for summary adjudication as to the first cause of action in the FAC. On October 16, 2019, an order was filed, wherein the Personal Representative or Successor in Interest of Lin and Yueh was substituted in as a new defendant.

    The Final Status Conference is set for June 15, 2020. Trial is set for October 22, 2019.

Legal Standard

CCP § 2025.010 provides, in relevant part, that “[a]ny party may obtain discovery. . .by taking in California the oral deposition of any person, including any party to the action. The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association, or a governmental agency.”

Where the witness whose deposition is sought is not a party (or a “party-affiliated” witness), a subpoena must be served to compel his or her attendance, testimony, or production of documents. [CCP § 2020.010(b), 2025.280(b); see Terry v. SLICO (2009) 175 Cal.App.4th 352, 357). A deposition subpoena is enforceable by a motion to compel compliance (CCP § 1987.1/§ 2025.480), contempt proceedings (CCP §§ 1209(a)(10), 1991.1, 2020.420, 2023.030(e)) and/or a civil damages action by the aggrieved party. (CCP § 2020.240).

Discussion

EM8, Peter Chen and Charlie Chen move the court for the following orders: (1) that non-party Karl Kow (“Kow”) appear pursuant to his Deposition Subpoena for Personal Appearance and Testimony within 5 days from the date and service of the order, (2) that Kow produce documents pursuant to his Deposition Subpoena for Production of Documents at Deposition at said ordered deposition, (3) that Kow be held in contempt for his failure to comply with the Deposition Subpoena for Personal Appearance and Testimony and Production of Documents at Deposition and that (4) Kow be ordered to pay moving parties the amount of $2,694.50 within 5 days from the date and service of the order.

The motion was filed on August 13, 2019 and originally set for hearing on September 20, 2019. On September 11, 2019, the court continued the hearing to December 20, 2019.

The motion is summarily DENIED without prejudice for failure to comply with California Rules of Court (“CRC”) Rule 3.1346; this provision requires that “[a] written notice and all moving papers supporting a motion to compel an answer to a deposition question or to compel production of a document or tangible thing from a nonparty deponent must be personally served on the nonparty deponent unless the nonparty deponent agrees to accept service by mail or electronic service at an address or electronic service address specified on the deposition record.” Based upon the accompanying proof of service, Kow was not served with the motion, let alone served by personal service. Kow was also not served with the notice of continuance filed on September 18, 2019.