This case was last updated from Los Angeles County Superior Courts on 05/27/2019 at 16:01:17 (UTC).

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 Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8184

  • Filing Date:

    01/22/2016

  • 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

DUKES, ROBERT A.

PETER A. HERNANDEZ

 

Party Details

Plaintiffs and Defendants

ANSON WELL INTERNATIONAL LTD

PA ONE LLC

HUANGM SHAO FANG

FANG HUANG SHAO

HUANG SHAO FANG

Plaintiffs, Defendants and Cross Defendants

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 Plaintiffs and Cross Defendants

HO TSAI-LUAN

GAO LUCY

KIRK BENNY

VAN HOLLAND VANESSA

Defendants and Cross Defendants

KO TZU PING

HO TSAI-LUAN

GAO LUCY

LAVENDERA VANESSA AKA VANESSA Y. LAVENDERA AKA VANESSA Y. VAN HOLLAND

GAO XIONG XIN AKA LUCY KAO

9 More Parties Available

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

Unknown

1/27/2016: Unknown

Unknown

4/1/2016: Unknown

Unknown

4/20/2016: Unknown

Other -

5/31/2016: Other -

Other -

6/15/2016: Other -

Notice of Trial

9/12/2016: Notice of Trial

Request for Judicial Notice

1/26/2017: Request for Judicial Notice

Unknown

7/27/2017: Unknown

Declaration

7/27/2017: Declaration

Unknown

9/25/2017: Unknown

Minute Order

1/4/2018: Minute Order

Notice of Ruling

1/12/2018: Notice of Ruling

Motion to Be Relieved as Counsel

1/24/2018: Motion to Be Relieved as Counsel

Unknown

2/22/2018: Unknown

Unknown

2/22/2018: Unknown

Minute Order

3/1/2018: Minute Order

Unknown

5/17/2018: Unknown

Unknown

11/29/2018: Unknown

180 More Documents Available

 

Docket Entries

  • 05/21/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Status Conference Re: Bankruptcy - Held - Continued

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  • 05/21/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Case Management Conference - Held - Continued

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  • 05/21/2019
  • Minute Order ( (Case Management Conference; Status Conference Re: Bankruptcy;)); Filed by Clerk

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  • 05/15/2019
  • Status Report; Filed by TSAI-LUAN HO (Cross-Complainant)

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  • 03/20/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Status Conference Re: Bankruptcy - Held - Continued

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  • 03/20/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Case Management Conference - Held - Continued

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  • 03/20/2019
  • Minute Order ( (Case Management Conference; Status Conference Re: Bankruptcy;)); Filed by Clerk

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  • 01/28/2019
  • 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

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  • 01/28/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Status Conference Re: Bankruptcy - Held - Continued

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  • 01/28/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Case Management Conference - Held - Continued

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380 More Docket Entries
  • 04/01/2016
  • Rtn of Service of Summons & Compl; Filed by Attorney for Plaintiff

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  • 04/01/2016
  • Default Entered (**SET ASIDE PER BENNY JAMES KIRK, PER STIP** ); Filed by Attorney for Plaintiff

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  • 01/27/2016
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 01/27/2016
  • Notice-Case Management Conference; Filed by Clerk

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  • 01/27/2016
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 01/27/2016
  • Notice of Case Management Conference; Filed by Clerk

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  • 01/22/2016
  • Complaint; Filed by HUANG SHAO FANG (Plaintiff); ANSON WELL INTERNATIONAL, LTD (Plaintiff); PA ONE, LLC (Plaintiff)

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  • 01/22/2016
  • Civil Case Cover Sheet; Filed by HUANG SHAO FANG (Plaintiff)

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  • 01/22/2016
  • Complaint Filed

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  • 01/22/2016
  • Summons (on Amended Complaint (1st))

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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.