This case was last updated from Los Angeles County Superior Courts on 11/18/2020 at 17:33:01 (UTC).

SAMUEL SANDERS ET AL VS SUNG I CHUN ET AL

Case Summary

On 12/23/2015 SAMUEL SANDERS filed a Property - Other Property Fraud lawsuit against SUNG I CHUN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are RICHARD FRUIN, MEL RED RECANA and EDWARD B. MORETON. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5191

  • Filing Date:

    12/23/2015

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

RICHARD FRUIN

MEL RED RECANA

EDWARD B. MORETON

 

Party Details

Plaintiffs and Petitioners

SANDERS SHAWN

SANDERS SAMUEL

Defendants, Respondents and Cross Plaintiffs

AVILA CARMET

FIRST AMERICAN TITLE COMPANY

COLDWELL BANKER REAL ESTATE LLC

CHUN SUNG I.

DOES 1 THROUGH 100

CHUN JUNE HEE

AVILA CARMEN

Not Classified By Court

TEST PARTY FOR TRUST CONVERSION

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

KENT ROBERT K.

WOLFSON STEVEN ESQ.

WOLFSON STEVEN

Defendant and Respondent Attorneys

GARRETT & TULLY P.C.

BOLSTAD DAVID C. ESQ.

STREET SCOTT J.

CARLSON MARK C. ESQ.

CARLSON MARK C.

BOLSTAD DAVID C.

Other Attorneys

CLOUD W. DEAN

 

Court Documents

Notice - NOTICE OF CONTINUANCE OF JUDGMENT DEBTOR EXAMINATIONS OF SAMUEL SANDERS AND SHAWN SANDERS

8/29/2019: Notice - NOTICE OF CONTINUANCE OF JUDGMENT DEBTOR EXAMINATIONS OF SAMUEL SANDERS AND SHAWN SANDERS

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

3/27/2019: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

AMENDED JUDGMENT

12/5/2017: AMENDED JUDGMENT

JUDGMENT BY COURT PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 438 IN FAVOR OF FIRST AMERICAN TITLE INSURANCE COMPANY

11/15/2017: JUDGMENT BY COURT PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 438 IN FAVOR OF FIRST AMERICAN TITLE INSURANCE COMPANY

Ex Parte Application - EX PARTE APPLICATION OF PLAINTIFF TO CONTINUE JUDGMENT DEBTOR EXAM MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF STEVEN WOLFSON AND DECLARATION OF NOTICE OF NANCY ALTA

3/9/2020: Ex Parte Application - EX PARTE APPLICATION OF PLAINTIFF TO CONTINUE JUDGMENT DEBTOR EXAM MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF STEVEN WOLFSON AND DECLARATION OF NOTICE OF NANCY ALTA

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RESCHEDULED HEARING CURRENTLY SET FOR 6/19/20) OF 05/04/2020

5/4/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RESCHEDULED HEARING CURRENTLY SET FOR 6/19/20) OF 05/04/2020

Abstract of Judgment - Civil and Small Claims

3/28/2019: Abstract of Judgment - Civil and Small Claims

NOTICE OF CASE MANAGEMENT CONFERENCE & DEMURRER

3/23/2016: NOTICE OF CASE MANAGEMENT CONFERENCE & DEMURRER

CASE MANAGEMENT STATEMENT -

6/7/2016: CASE MANAGEMENT STATEMENT -

FIRST AMENDED COMPLAINT FOR: 1.. FRAUD-INTENTIONAL MISREPRESENTATION; ETC

6/17/2016: FIRST AMENDED COMPLAINT FOR: 1.. FRAUD-INTENTIONAL MISREPRESENTATION; ETC

MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEMURRER OF DEFENDANTS, Y J TANI, INC. D/B/A COLDWELL BANKER SPECTRUM AND CARMEN AVILA

2/15/2017: MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEMURRER OF DEFENDANTS, Y J TANI, INC. D/B/A COLDWELL BANKER SPECTRUM AND CARMEN AVILA

ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

7/13/2017: ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

NOTICE OF RULING OF DEFENDANTS V J TANI INC. U/B/A COLDWELL BANKER SPECTRUM AND CARMEN AVILA ON MOTION TO STRIKE PORTIONS OF PLAINTIFFS' THIRD AMENDED COMPLAINT

8/14/2017: NOTICE OF RULING OF DEFENDANTS V J TANI INC. U/B/A COLDWELL BANKER SPECTRUM AND CARMEN AVILA ON MOTION TO STRIKE PORTIONS OF PLAINTIFFS' THIRD AMENDED COMPLAINT

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION BY FIRST AMERICAN TITLE INSURANCE COMPANY FOR JUDGMENT ON THE PLEADINGS

8/23/2017: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION BY FIRST AMERICAN TITLE INSURANCE COMPANY FOR JUDGMENT ON THE PLEADINGS

NOTICE OF APPEAL FROM ORDER GRANTING MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS, SUNG I. CHUN AND JUNG H. CHUN, DATED JULY 13, 2017

8/23/2017: NOTICE OF APPEAL FROM ORDER GRANTING MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS, SUNG I. CHUN AND JUNG H. CHUN, DATED JULY 13, 2017

RESPONDENT'S NOTICE DESIGNATING RECORD ON APPEAL

12/12/2017: RESPONDENT'S NOTICE DESIGNATING RECORD ON APPEAL

225 More Documents Available

 

Docket Entries

  • 01/06/2021
  • Hearing01/06/2021 at 08:30 AM in Department 34 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Application for Order for Appearance and Examination

    Read MoreRead Less
  • 01/06/2021
  • Hearing01/06/2021 at 08:30 AM in Department 34 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Application for Order for Appearance and Examination

    Read MoreRead Less
  • 11/06/2020
  • Docketat 08:30 AM in Department 34; Hearing on Application for Order for Appearance and Examination - Not Held - Rescheduled by Party

    Read MoreRead Less
  • 11/06/2020
  • Docketat 08:30 AM in Department 34; Hearing on Application for Order for Appearance and Examination - Not Held - Rescheduled by Party

    Read MoreRead Less
  • 11/02/2020
  • DocketJudgment (Second Amended Judgment)); Filed by Sung I. Chun (Defendant); June Hee Chun (Defendant)

    Read MoreRead Less
  • 11/02/2020
  • DocketNotice of Entry of Judgment / Dismissal / Other Order; Filed by Clerk

    Read MoreRead Less
  • 09/28/2020
  • Docketat 2:20 PM in Department 34; Non-Appearance Case Review

    Read MoreRead Less
  • 09/28/2020
  • DocketCertificate of Mailing for ((Non-Appearance Case Review) of 09/28/2020); Filed by Clerk

    Read MoreRead Less
  • 09/28/2020
  • DocketMinute Order ( (Non-Appearance Case Review)); Filed by Clerk

    Read MoreRead Less
  • 08/27/2020
  • DocketApplication and Order for Appearance and Examination; Filed by Sung I. Chun (Defendant)

    Read MoreRead Less
450 More Docket Entries
  • 02/08/2016
  • DocketProof of Service (not Summons and Complaint); Filed by Samuel Sanders (Plaintiff); Shawn Sanders (Plaintiff)

    Read MoreRead Less
  • 02/08/2016
  • DocketPROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 02/02/2016
  • DocketPROOF OF SERVICE SUMMONS & COMPLAINT

    Read MoreRead Less
  • 02/02/2016
  • DocketProof of Service (not Summons and Complaint); Filed by Samuel Sanders (Plaintiff); Shawn Sanders (Plaintiff)

    Read MoreRead Less
  • 01/27/2016
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

    Read MoreRead Less
  • 01/27/2016
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

    Read MoreRead Less
  • 01/27/2016
  • DocketNotice of Case Management Conference; Filed by Clerk

    Read MoreRead Less
  • 12/23/2015
  • DocketSUMMONS

    Read MoreRead Less
  • 12/23/2015
  • DocketComplaint; Filed by Samuel Sanders (Plaintiff); Shawn Sanders (Plaintiff)

    Read MoreRead Less
  • 12/23/2015
  • DocketCOMPLAINT FOR: 1. FRAUD-INTENTIONAL MISREPRESENTATION; ETC

    Read MoreRead Less

Tentative Rulings

Case Number: BC605191    Hearing Date: August 21, 2020    Dept: 34

SUBJECT: (1) Application for Order of Appearance and Examination

Moving Party: Judgment Creditor Sung I. Chun and June Hee Chun

Resp. Party: None

(2) Application for Order of Appearance and Examination

Moving Party: Judgment Creditor Sung I. Chun and June Hee Chun

Resp. Party: None

The applications for order of appearance and examination are GRANTED.

BACKGROUND:

Plaintiffs Samuel Sanders and Shawn Sanders filed a complaint on December 23, 2015 against defendants, Sung Chun and Jung Chun, and other defendants. A first amended complaint, second amended complaint, and third amended complaint added additional defendants and causes of action, but did not substantially change the allegations against the Chuns.

The Plaintiffs alleged that defendants owned the property at issue, and listed it for sale in 2005. The Defendants represented that the property included four rental units. The Plaintiffs’ mother, Gloria Araujo, purchased the property in 2005 from defendants.

The Plaintiffs inherited the property in June 2012 after their mother’s death. The Plaintiffs alleged that in May 2013, they learned for the first time that the property was permitted to include only two rental units, not four. As a result, the fair market value of the property was much lower than the defendants had represented.

The Plaintiffs asserted three causes of action against defendants: the first cause of action for “fraud—intentional misrepresentation,” the second cause of action for “fraud— fraudulent concealment,” and the third cause of action for “fraud—negligent misrepresentation.” For each cause of action, plaintiffs alleged that defendants represented that the property consisted of four legally permitted rental units, and “the gross rental income from said four (4) rental units was $58,020 per year.” Because as plaintiff later discovered, two of the units were not permitted, the true value of the property was significantly less than defendants represented it to be.

The Plaintiffs alleged that defendants knew the representations about the rental units were not true, and Araujo relied on those representations in choosing to purchase the property and pay the price she did. Plaintiffs’ prayer for damages included loss of value of the property, loss of rental income, the cost of renovations that would allow the additional units to be permitted, attorney fees, and punitive damages.

On July 13, 2017, the Court granted the Chun defendants’ motion for summary judgment and a judgment was entered against the Plaintiffs on August 29, 2017. The Plaintiffs filed a notice of appeal on August 23, 2017. The Court of Appeal issued an opinion affirming the judgment on December 18, 2018. The remittitur was received on February 19, 2019.

On March 4, 2019, the Court granted in part the Chun Defendants’ motion for attorney’s fees and costs incurred on appeal, in the amount of $83,365.00.

On March 18, 2019, an abstract of judgment was issued, stating that the total amount of judgment entered against Samuel Sanders and Shawn Sanders is $136,720.01.

On July 10, 2019, the Chun Defendants filed the instant applications and order for appearance and examination for Shawn Sanders and Samuel Sanders.

On November 25, 2019, the Chun Defendants filed a proof of personal service of continuance of judgment debtor examinations of Samuel Sanders and Shawn Sanders.

On February 28, 2020, the Chun Defendants filed a proof of service of the application and order for appearance and examination as to Shawn Sanders.

On March 6, 2020, the Court called the application for order for appearance and examination of Shawn Sanders and Samuel Sanders for hearing. Proof of service was provided; judgment debtors failed to appear; and the Court ordered bench warrants issued and held in the amount of $5,000.00 as to each. Pursuant to the request of plaintiff, the hearing on applications for order for appearance and examination were continued to 04/10/2020.

On March 23, 2020, based on current conditions, including, but not limited to, the spread of COVID-19, the need for social distancing, and a state of emergency having been declared by Governor Newsom, the Court continued the hearing on the applications for order for appearance and examination to 06/19/2020.

On May 4, 2020, based on current conditions, including, but not limited to, the spread of COVID-19, the need for social distancing, and a state of emergency having been declared by Governor Newsom, the Court continued the hearing on the applications for order for appearance and examination to 08/21/2020.

On June 11, 2020, due to the closure of Department 44, this case was transferred and reassigned to Department 34, effective June 15, 2020.

ANALYSIS:

I. Legal Standard

Code of Civil Procedure section 708.110, subdivision (a) provides:

“The judgment creditor may apply to the proper court for an order requiring the judgment debtor to appear before the court, or before a referee appointed by the court, at a time and place specified in the order, to furnish information to aid in enforcement of the money judgment.”

Code of Civil Procedure section 708.110, subdivision (d) states:

“The judgment creditor shall personally serve a copy of the order on the judgment debtor not less than 10 days before the date set for the examination. Service shall be made in the manner specified in Section 415.10. Service of the order creates a lien on the personal property of the judgment debtor for a period of one year from the date of the order unless extended or sooner terminated by the court.”

II. Discussion

The Court finds that Judgment Debtors Shawn Sanders and Samuel Sanders were properly served with an order for appearance and examination. (Code Civ. Proc., § 708.110 subd. (d).)

The Court GRANTS Judgment Creditors’ applications for order of appearance and examination.