SHAO FANG HUANG VS TSAI-LUAN HO
Case Summary
On 01/22/2016 SHAO FANG HUANG filed a Contract - Other Contract lawsuit against TSAI-LUAN HO. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are DUKES, ROBERT A. and PETER A. HERNANDEZ. The case status is Pending - Other Pending.
Case Details
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Case Number:
****8184
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Filing Date:
01/22/2016
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Case Status:
Pending - Other Pending
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Courthouse:
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County, State:
Los Angeles, California
Judge Details
Presiding Judges
DUKES, ROBERT A.
PETER A. HERNANDEZ
Party Details
Defendants and Plaintiffs
ANSON WELL INTERNATIONAL LTD
PA ONE LLC
HUANGM SHAO FANG
FANG HUANG SHAO
HUANG SHAO FANG
Defendants, Plaintiffs and Cross Plaintiffs
ANSON WELL INTERNATIONAL LTD
GAO XIONG XIN
KIRK BENNY JAMES
HO TSAI
KO TZU PING
HO TSAI-LUAN
GAO LUCY
LAVENDERA VANESSA
KIRK BENNY
VAN HOLLAND VANESSA
HO TSAI-LUAN AKA TSAI HO
LAVENDERA VANESSA AKA VANESSA Y. LAVENDERA AKA VANESSA Y. VAN HOLLAND
GAO XIONG XIN AKA LUCY KAO
KO TZU PING AKA BENNY JAMES KIRK
Defendants, Cross Defendants and Cross Plaintiffs
HO TSAI-LUAN
GAO LUCY
KIRK BENNY
VAN HOLLAND VANESSA
KO TZU PING
LAVENDERA VANESSA AKA VANESSA Y. LAVENDERA AKA VANESSA Y. VAN HOLLAND
GAO XIONG XIN AKA LUCY KAO
Attorney/Law Firm Details
Plaintiff Attorneys
WONG FRED A. ESQ.
WONG FRED AH-LING ESQ.
Defendant and Cross Plaintiff Attorneys
LISNOW ROBERT A. ESQ.
WADE STEPHEN ROBERT
PERKINS KENNETH L.
HINDS JAMES ANDREW JR
HINES JAMES ANDREW JR. LAW OFFICES OF
HAWLEY KELLI G. ESQ.
RUIZ JESSE F. ESQ.
WADE STEPHEN R.
CANTOR JON D. ESQ.
HAWLEY KELLI GAY ESQ.
FLEMING JACK W. ESQ.
TALERICO DERRICK MATTHEW
CROCKETT WILLIAM E. LAW OFFICES OF
Defendant and Cross Defendant Attorney
CANTOR JON D. ESQ.
Court Documents
1/22/2016: Summons
1/22/2016: Civil Case Cover Sheet
1/22/2016: Complaint
1/27/2016: Unknown
1/27/2016: Notice of Case Management Conference
4/1/2016: Unknown
4/1/2016: Unknown
4/20/2016: Amendment to Complaint (Fictitious/Incorrect Name)
4/20/2016: Unknown
4/22/2016: Unknown
4/22/2016: Unknown
4/29/2016: Minute Order
5/31/2016: Other -
6/3/2016: Stipulation and Order
6/9/2016: Answer
6/13/2016: Notice of Case Management Conference
6/15/2016: Case Management Statement
6/15/2016: Other -
Docket Entries
- 05/21/2019
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at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Status Conference Re: Bankruptcy - Held - Continued
- 05/21/2019
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at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Case Management Conference - Held - Continued
- 05/21/2019
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Minute Order ( (Case Management Conference; Status Conference Re: Bankruptcy;)); Filed by Clerk
- 05/15/2019
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Status Report; Filed by TSAI-LUAN HO (Cross-Complainant)
- 03/20/2019
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at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Status Conference Re: Bankruptcy - Held - Continued
- 03/20/2019
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at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Case Management Conference - Held - Continued
- 03/20/2019
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Minute Order ( (Case Management Conference; Status Conference Re: Bankruptcy;)); Filed by Clerk
- 01/28/2019
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at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Order to Show Cause Re: Failure to File Proof of Service - Not Held - Taken Off Calendar by Court
- 01/28/2019
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at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Status Conference Re: Bankruptcy - Held - Continued
- 01/28/2019
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at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Case Management Conference - Held - Continued
- 04/01/2016
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Rtn of Service of Summons & Compl; Filed by Attorney for Plaintiff
- 04/01/2016
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Default Entered (**SET ASIDE PER BENNY JAMES KIRK, PER STIP** ); Filed by Attorney for Plaintiff
- 01/27/2016
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OSC-Failure to File Proof of Serv; Filed by Clerk
- 01/27/2016
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Notice-Case Management Conference; Filed by Clerk
- 01/27/2016
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OSC-Failure to File Proof of Serv; Filed by Clerk
- 01/27/2016
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Notice of Case Management Conference; Filed by Clerk
- 01/22/2016
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Complaint; Filed by HUANG SHAO FANG (Plaintiff); ANSON WELL INTERNATIONAL, LTD (Plaintiff); PA ONE, LLC (Plaintiff)
- 01/22/2016
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Civil Case Cover Sheet; Filed by HUANG SHAO FANG (Plaintiff)
- 01/22/2016
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Complaint Filed
- 01/22/2016
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Summons (on Amended Complaint (1st))
Tentative Rulings
Case Number: KC068184 Hearing Date: February 11, 2020 Dept: O
Defendant Benny J. Kirk aka Tzu Ping Ko’s motion to stay action is GRANTED.
Under Code of Civil Procedure section 410.30, whenever a court finds that in the interest of substantial justice an action should proceed in another forum, it shall stay or dismiss the action in whole or in part on any conditions that may be just. (CCP, § 410.30, subd. (a).) The trial court has “fundamental inherent equity, supervisory, and administrative powers, as well as inherent power to control litigation before [it]” where there is no legal authority dictating how that power must be executed. (See Rutherford v. OuIens-Illinois, Inc. (1997) 16 Cal. 4th 953, 967; see also Code of Civ. Proc. §§ 187, 128(a); see also Thomson v. Continental Ins. Co. (1967) 66 Cal.2d 738, 746.) Under Pacers, Inc. v. Superior Court, the court has discretion to issue a stay of civil cases where defendants are also implicated in parallel criminal proceedings. (Pacers, Inc. v. Superior Court (1984) 162 Cal.App.3d 686, 690 (applying federal practice permitting stay of discovery and proceedings if both civil and criminal proceedings arise out of the same or related transactions to California law).)
The present case was filed on August 27, 2017. On or about June 13, 2019, a felony criminal complaint was filed against Defendant Benny J. Kirk aka Tzu Ping Ko (“Defendant”) based on the same or similar allegations as this action, and Defendant was arraigned on August 20, 2019.
Thus, it is in the interest of substantial justice to stay the civil case. Under Pacers, Defendant has a privilege against self-incrimination under the Fifth Amendment, a constitutional right which this lawsuit may compel Defendant to violate. The prejudice to Defendant far outweighs the prejudice, if any, to Plaintiffs.
The Motion to stay action as to Defendant is GRANTED. All future hearings are vacated.
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