This case was last updated from Los Angeles County Superior Courts on 01/04/2020 at 00:00:54 (UTC).

NIAN LIU ET AL VS TONY XZ YU ET AL

Case Summary

On 07/25/2016 NIAN LIU filed a Property - Other Property Fraud lawsuit against TONY XZ YU. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GREGORY KEOSIAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8249

  • Filing Date:

    07/25/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GREGORY KEOSIAN

 

Party Details

Plaintiffs and Petitioners

LIU NIAN

LI SOPHIA

Defendants and Respondents

EAST MISSION 8 INVESTMENT INC.

YU TONY XZ

HAN JOYCE C.

SUN YANQIU

EAST WEST BANK

DOES 1 - 20

CHIANG ERIC

ZHONG YIHUA

TLSC INVESTMENT INC

JADE ESCROW INC.

SOUTH FREMONT 8 INVESTMENT INC. - DOE 1

CATHAY TRANS INT'L INC. A CALIFORNIA CORPORATION

WANG AN INDIVIDUAL CURT YUNG CHIN

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

TAHIM PAMELA K. ESQ.

APC THAKUR LAW FIRM

THAKUR PAMELA TAHIM

Defendant Attorneys

GARRETT ROBERT ESQ.

TOM C. TSAY INC.

RATNER ROBIN B. ESQ.

FU EUGENE

LAW OFFICES OF KIRK DOWNING

CHANG PEIWEN ESQ.

MANATT PHELPS & PHILLIPS LLP

TSAY TOM C.

FU EUGENE SOLOMON

 

Court Documents

Declaration in Support of Ex Parte Application

8/7/2019: Declaration in Support of Ex Parte Application

Minute Order - MINUTE ORDER (POST-MEDIATION STATUS CONFERENCE)

11/21/2019: Minute Order - MINUTE ORDER (POST-MEDIATION STATUS CONFERENCE)

Request for Dismissal

12/10/2019: Request for Dismissal

DECLARATION OF PAMELA TAHIM THAKUR IN SUPPORT OF PLAINTIFF SOPHIA LI'S MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT EAST MISSION 8 INVESTMENT, INC., ETC

2/2/2018: DECLARATION OF PAMELA TAHIM THAKUR IN SUPPORT OF PLAINTIFF SOPHIA LI'S MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS FROM DEFENDANT EAST MISSION 8 INVESTMENT, INC., ETC

PLAINTIFF SOPHIA LI'S REPLY TO DEFENDANT EAST MISSION 8 INVESTMENT, INC.'S OPPOSITION TO MOTION TO COMPEL DOCUMENT PRODUCTION AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $3,360.00

3/21/2018: PLAINTIFF SOPHIA LI'S REPLY TO DEFENDANT EAST MISSION 8 INVESTMENT, INC.'S OPPOSITION TO MOTION TO COMPEL DOCUMENT PRODUCTION AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $3,360.00

DECLARATION OF PAMELA TAHIM THAKUR IN SUPPORT OF PLAINTIFF SOPHIA LI'S REPLY TO DEFENDANT EAST MISSION 8 INVESTMENT, INC.'S OPPOSITION TO MOTION TO COMPEL DOCUMENT PRODUCTION AND REQUEST FOR MONETARY

3/21/2018: DECLARATION OF PAMELA TAHIM THAKUR IN SUPPORT OF PLAINTIFF SOPHIA LI'S REPLY TO DEFENDANT EAST MISSION 8 INVESTMENT, INC.'S OPPOSITION TO MOTION TO COMPEL DOCUMENT PRODUCTION AND REQUEST FOR MONETARY

REQUEST FOR ENTRY OF DEFAULT ON 1ST AMENDED COMPLAINT

10/4/2016: REQUEST FOR ENTRY OF DEFAULT ON 1ST AMENDED COMPLAINT

CASE MANAGEMENT STATEMENT -

10/6/2016: CASE MANAGEMENT STATEMENT -

SUMMONS -

10/18/2016: SUMMONS -

PROOF OF SERVICE SUMMONS -

11/1/2016: PROOF OF SERVICE SUMMONS -

ORDER ON STIPULATION AND APPLICATION TO EXTEND TIME TO RESPOND TO PLAINTIFFS VERIFIED FIRST AMENDED COMPLAINT

12/16/2016: ORDER ON STIPULATION AND APPLICATION TO EXTEND TIME TO RESPOND TO PLAINTIFFS VERIFIED FIRST AMENDED COMPLAINT

PLAINTIFFS' OPPOSITION TO DEFENDANT EAST MISSION 8 INVESTMENT, INC.'S DEMURRER TO FIRST AMENDED COMPLAINT

12/28/2016: PLAINTIFFS' OPPOSITION TO DEFENDANT EAST MISSION 8 INVESTMENT, INC.'S DEMURRER TO FIRST AMENDED COMPLAINT

CASE MANAGEMENT STATEMENT -

12/28/2016: CASE MANAGEMENT STATEMENT -

NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT;POINTS AND AUTHORITIES; DECLARATION IN RE COMPLIANCE WITH MEET AND CONFER REQUIREMENT UNDER CCP 430.41

1/23/2017: NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT;POINTS AND AUTHORITIES; DECLARATION IN RE COMPLIANCE WITH MEET AND CONFER REQUIREMENT UNDER CCP 430.41

Minute Order -

3/16/2017: Minute Order -

PROOF OF SERVICE OF SUMMONS

8/11/2017: PROOF OF SERVICE OF SUMMONS

OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL DOCUMENT PRODUCTION AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $3085 AGAINST DEFENDANT EAST MISSION 8 INVESTMENT, INC.; MEMORANDUM OF POINTS AND AUT

9/12/2017: OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL DOCUMENT PRODUCTION AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $3085 AGAINST DEFENDANT EAST MISSION 8 INVESTMENT, INC.; MEMORANDUM OF POINTS AND AUT

NOTICE OF UNAVAILABILITY

9/15/2017: NOTICE OF UNAVAILABILITY

137 More Documents Available

 

Docket Entries

  • 01/28/2020
  • Hearing01/28/2020 at 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 01/21/2020
  • Hearing01/21/2020 at 09:00 AM in Department 61 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 12/10/2019
  • DocketRequest for Dismissal; Filed by Sophia Li (Plaintiff); Nian Liu (Plaintiff)

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  • 11/21/2019
  • Docketat 09:00 AM in Department 61, Gregory Keosian, Presiding; Post-Mediation Status Conference - Held

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  • 11/21/2019
  • DocketMinute Order ( (Post-Mediation Status Conference)); Filed by Clerk

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  • 11/12/2019
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by Sophia Li (Plaintiff); Nian Liu (Plaintiff)

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  • 11/12/2019
  • DocketAmendment to Complaint (Fictitious/Incorrect Name); Filed by Sophia Li (Plaintiff); Nian Liu (Plaintiff)

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  • 10/30/2019
  • Docketat 09:00 AM in Department 61, Gregory Keosian, Presiding; Hearing on Motion to Deem Request for Admissions Admitted

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  • 10/30/2019
  • Docketat 09:00 AM in Department 61, Gregory Keosian, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery")

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  • 10/30/2019
  • Docketat 09:00 AM in Department 61, Gregory Keosian, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery")

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314 More Docket Entries
  • 08/12/2016
  • DocketPROOF OF SERVICE OF SUMMONS

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  • 08/12/2016
  • DocketProof-Service/Summons

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  • 08/03/2016
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 08/03/2016
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 08/03/2016
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 08/03/2016
  • DocketORDER TO SHOW CAUSE HEARING

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  • 07/25/2016
  • DocketComplaint; Filed by Sophia Li (Plaintiff); Nian Liu (Plaintiff)

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  • 07/25/2016
  • DocketVERIFIED COMPLAINT FOR DAMAGES 1. BREACH OF COVENANT OF GOOD FAITH AND FAIR DEALING; ETC

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  • 07/25/2016
  • DocketSUMMONS

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  • 01/11/2016
  • DocketCase Management Statement; Filed by Joyce C. Han (Defendant)

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Tentative Rulings

Case Number: BC628249    Hearing Date: February 25, 2020    Dept: 61

Defendants East Mission 8, Investment, Inc. and South Fremont 8, Investment, Inc.’s Motion to Consolidate is GRANTED.

  1. MOTION TO CONSOLIDATE

“When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (Code Civ. Proc., § 1048, subd. (a).)

“Under the statute and the case law, there are thus two types of consolidation: a consolidation for purposes of trial only, where the two actions remain otherwise separate; and a complete consolidation or consolidation for all purposes, where the two actions are merged into a single proceeding under one case number and result in only one verdict or set of findings and one judgment.” (Hamilton v. Asbestos Corp., Ltd. (2000) 22 Cal.4th 1127, 1147.)

The decision to consolidate cases is a matter for trial court discretion. (Todd-Stenberg v. Dalkon Shield Claimants Trust (48 Cal.App.4th 976, 978–79.)

Kotai seeks to consolidate this case with the case 19STCV25738, Commonwealth Land Title Insurance Company v. Yu, et al. That case, like the present one, involves an allegedly wrongful use of the property 23735 Canyon Vista Court in Diamond Bar as collateral to obtain a line of credit, and contains the same parties as this action. (Motion at p. 4; FAC ¶ 21.) Kotai argues that both actions concern the same real estate transaction — Yu’s use of the property to obtain a $675,000 line of credit. (Motion at p. 9.)

The court agrees that this action and 19STCV25738 involve common questions of law and fact such that justice and judicial economy favor their consolidation here.

The Motion to Consolidate is GRANTED.