This case was last updated from Los Angeles County Superior Courts on 05/23/2019 at 07:48:49 (UTC).

IN VEIN-5 DEGREE VS G & H GROUP LLC ET AL

Case Summary

On 11/29/2016 IN VEIN-5 DEGREE filed a Contract - Other Contract lawsuit against G H GROUP LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1915

  • Filing Date:

    11/29/2016

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

IN VEIN-5 DEGREE

Defendants and Respondents

DOES 1-20

G&H GROUP LLC

LIN HAIDONG

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

RYU LAW FIRM

FIRM RYU LAW

Defendant Attorney

SCANDURA STEVEN P. ESQ.

 

Court Documents

NOTICE RE: CONTINUANCE OF HEARING

2/26/2018: NOTICE RE: CONTINUANCE OF HEARING

NOTICE RE: CONTINUANCE OF HEARING

2/26/2018: NOTICE RE: CONTINUANCE OF HEARING

REQUEST FOR DISMISSAL

3/6/2018: REQUEST FOR DISMISSAL

Minute Order

3/12/2018: Minute Order

SUMMONS

11/29/2016: SUMMONS

COMPLAINT FOR 1. BREACH OF WRITTEN CONTRACT; ETC

11/29/2016: COMPLAINT FOR 1. BREACH OF WRITTEN CONTRACT; ETC

NOTICE OF CASE MANAGEMENT CONFERENCE

12/8/2016: NOTICE OF CASE MANAGEMENT CONFERENCE

NOTICE OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT

12/14/2016: NOTICE OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT

NOTICE OF CASE MANAGEMENT CONFERENCE

12/14/2016: NOTICE OF CASE MANAGEMENT CONFERENCE

ANSWER TO COMPLAINT

12/30/2016: ANSWER TO COMPLAINT

CROSS-COMPLAINT FOR: 1. FRAUD 2. BREACH OF CONTRACT

12/30/2016: CROSS-COMPLAINT FOR: 1. FRAUD 2. BREACH OF CONTRACT

SUMMONS CROSS-COMPLAINT

12/30/2016: SUMMONS CROSS-COMPLAINT

IN VEIN -5 DEGREE, INC.'S ANSWER TO G&H GROUP, EEC'S CROSS-COMPLAINT

2/17/2017: IN VEIN -5 DEGREE, INC.'S ANSWER TO G&H GROUP, EEC'S CROSS-COMPLAINT

Unknown

3/9/2017: Unknown

Unknown

3/14/2017: Unknown

Unknown

3/15/2017: Unknown

4 More Documents Available

 

Docket Entries

  • 03/19/2018
  • at 09:00 AM in Department 55; Jury Trial - Not Held - Advanced and Vacated

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  • 03/12/2018
  • at 08:30 AM in Department 55; Final Status Conference (Final Status Conference; Order of Dismissal) -

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  • 03/12/2018
  • Minute Order

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  • 03/09/2018
  • at 08:30 AM in Department 55; Final Status Conference

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  • 03/06/2018
  • Request for Dismissal; Filed by In Vein-5 Degree (Plaintiff)

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  • 03/06/2018
  • REQUEST FOR DISMISSAL

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  • 02/26/2018
  • Notice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 02/26/2018
  • Notice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 02/26/2018
  • NOTICE RE: CONTINUANCE OF HEARING

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  • 02/26/2018
  • NOTICE RE: CONTINUANCE OF HEARING

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15 More Docket Entries
  • 12/30/2016
  • Cross-Complaint; Filed by G&H Group, LLC (Defendant); Haidong Lin (Defendant)

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  • 12/14/2016
  • NOTICE OF PROOF OF SERVICE OF SUMMONS AND COMPLAINT

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  • 12/14/2016
  • Notice of Case Management Conference; Filed by In Vein-5 Degree (Plaintiff)

    Read MoreRead Less
  • 12/14/2016
  • Proof-Service/Summons; Filed by In Vein-5 Degree (Plaintiff)

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  • 12/14/2016
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 12/08/2016
  • NOTICE OF CASE MANAGEMENT CONFERENCE

    Read MoreRead Less
  • 12/08/2016
  • Notice of Case Management Conference; Filed by Clerk

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  • 11/29/2016
  • COMPLAINT FOR 1. BREACH OF WRITTEN CONTRACT; ETC

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  • 11/29/2016
  • Complaint; Filed by In Vein-5 Degree (Plaintiff)

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  • 11/29/2016
  • SUMMONS

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Tentative Rulings

Case Number: BC641915    Hearing Date: August 31, 2020    Dept: 55

IN VEIN-5 DEGREE v. G & H GROUP LLC BC641915

Hearing Date: 8/31/20, Dept. 55

#5: MOTION TO SET ASIDE/VACATE DISMISSAL.

Notice: Okay

Opposition

MP: Plaintiff

RP: Defendant and Cross-Complainant G&H GROUP

Summary

On 11/29/16, Plaintiff filed a Complaint alleging that defendants did not pay for Plaintiff’s manufactured garments.

On 12/30/16, Defendant G & H Group LLC filed a Cross-Complaint, alleging that Plaintiff fraudulently induced contracting, and failed to produce goods timely and of expected quality.

MP Positions

Moving party requests the Court to vacate and set aside the dismissal, for reasons including the following:

· The dismissal was entered by Plaintiff’s former attorney, without Plaintiff’s knowledge or consent.

RP Positions

Opposing party advocates denying, on bases including the following:

· Moving Party’s motion is untimely per C.C.P. §473(b).

· Moving Party failed to act with any reasonable diligence.

· Moving Party failed to establish mistake, inadvertence, surprise, or excusable neglect.

· When the trial did not happen, because of settlement, moving party was put on notice that something was odd with the case.

· G&H is prejudiced by the requested relief because it gave up valuable cross-claims in exchange for the mutual dismissals with prejudice.

· The underlying result was fair and reasonable.

Tentative Ruling

The motion is granted.

The Court vacates and sets aside the dismissal entered per the request for dismissal filed 3/6/18.

This action is reinstated to the active civil case inventory.

Additionally, a case management conference is set for November 13, 2020 at 8:30 a.m.

An attorney cannot settle or voluntarily dismiss a case without express client authority. E.g., Blanton v. Womancare, Inc. (1985) 38 Cal. 396, 404.

The opposition does not address that applicable law.

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