This case was last updated from Los Angeles County Superior Courts on 06/12/2019 at 00:09:06 (UTC).

USA TULIP INTERNATIONAL INC VS DE GONG XU

Case Summary

On 03/16/2016 USA TULIP INTERNATIONAL INC filed a Personal Injury - Other Personal Injury lawsuit against DE GONG XU. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are PETER A. HERNANDEZ and DUKES, ROBERT A.. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3951

  • Filing Date:

    03/16/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

PETER A. HERNANDEZ

DUKES, ROBERT A.

 

Party Details

Plaintiffs and Petitioners

USA TULIP INTERNATIONAL INC

USA TULIP INTERNATIONAL INC.

Defendants, Respondents and Cross Plaintiffs

XU DE GONG

DOES 1-100

YCC PRODUCTS INC.

BEAUTY SALON FURNITURE INC.

WONG DOE 4 CHUONG SING

AYC GROUP LLC [DOE 5]

BONG DOE 3 CHOON LAN

BEAUTY SALON FURNITURES DOE 2

Cross Defendants

BEAUTY SALON FURNITURES INC. ROE 1

KAIPING XITE HARDWARE FACTORY ROE 2

ROES 1-50 INCLUSIVE

YANG DOE 3 DONG TIEN

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

DESJARDINS & PANITA LLP

DESJARDINS MICHAEL AARON

DESJARDINS MICHAEL A.

Defendant Attorneys

NAEVE WILLIAM DANIEL

MURCHISON & CUMMING LLP

LAW OFFICE OF ERIC G. ANDERSON

GOLDBERG TRACEY W. ESQ.

Other Attorneys

GOLDBERG TRACY WAYNE ESQ.

 

Court Documents

Complaint

10/3/2016: Complaint

DECLARATION OF TRACY W. GOLDBERG IN SUPPORT OF STIPULATION TO CONTINUE TRIAL AND FSC DATES AND STIPULATION TO TRANSFER CASE TO EAST DISTRICT

2/9/2018: DECLARATION OF TRACY W. GOLDBERG IN SUPPORT OF STIPULATION TO CONTINUE TRIAL AND FSC DATES AND STIPULATION TO TRANSFER CASE TO EAST DISTRICT

AMENDMENT TO CROSS-COMPLAINT

3/29/2018: AMENDMENT TO CROSS-COMPLAINT

ANSWER-PERSONAL INJURY PROPERTY DAMAGE, WRONGFUL DEATH

5/17/2018: ANSWER-PERSONAL INJURY PROPERTY DAMAGE, WRONGFUL DEATH

Unknown

1/9/2019: Unknown

Proof of Service by Mail

1/9/2019: Proof of Service by Mail

Notice of Settlement

1/9/2019: Notice of Settlement

Unknown

1/29/2019: Unknown

Unknown

1/29/2019: Unknown

Request for Entry of Default / Judgment

2/28/2019: Request for Entry of Default / Judgment

Minute Order

3/4/2019: Minute Order

Request for Dismissal

6/5/2019: Request for Dismissal

Order

6/6/2019: Order

SUMMONS

3/16/2016: SUMMONS

PROOF OF SERVICE SUMMONS

3/30/2016: PROOF OF SERVICE SUMMONS

CROSS-COMPLAINT OF DE GONG XL) AND DEMAND FOR JURY TRIAL 1. DECLARATORY RELIEF 2. INDEMNIFICATION 3. APPORTIONMENT OF FAULT

11/4/2016: CROSS-COMPLAINT OF DE GONG XL) AND DEMAND FOR JURY TRIAL 1. DECLARATORY RELIEF 2. INDEMNIFICATION 3. APPORTIONMENT OF FAULT

NOTICE OF UNAVAILABILITY OF COUNSEL

4/4/2017: NOTICE OF UNAVAILABILITY OF COUNSEL

SUMMONS

5/9/2017: SUMMONS

50 More Documents Available

 

Docket Entries

  • 06/06/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Order to Show Cause Re: Dismissal (Settlement) - Held

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  • 06/06/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Order to Show Cause Re: (Default as to YCC, if Settlement payment is not paid,) - Held

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  • 06/06/2019
  • Order (Proposed Order for determining good faith settlement); Filed by YCC Products, Inc. (Defendant)

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  • 06/06/2019
  • Order (Amended [Proposed] Order Determining and Approving Good Faith Settlement Between Plaintiff USA Tulip International, Inc. and Defendant De Gong XU); Filed by De Gong Xu (Defendant)

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  • 06/06/2019
  • Order - Dismissal; Filed by Court

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  • 06/06/2019
  • Order ([PROPOSED] ORDER DETERMINING AND APPROVING GOOD FAITH SETTLEMENT); Filed by De Gong Xu (Defendant)

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  • 06/06/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal (Settlement); Order to Show...)); Filed by Clerk

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  • 06/05/2019
  • Request for Dismissal; Filed by USA TULIP INTERNATIONAL, INC. (Plaintiff)

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  • 04/09/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Final Status Conference - Not Held - Vacated by Court

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  • 04/09/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Order to Show Cause Re: (Failure to File Request Ent of Def) - Not Held - Vacated by Court

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134 More Docket Entries
  • 03/30/2016
  • Declaration re: Due Diligence; Filed by USA Tulip International, Inc (Plaintiff)

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  • 03/30/2016
  • Proof-Service/Summons; Filed by USA Tulip International, Inc (Plaintiff)

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  • 03/30/2016
  • Proof of Service (not Summons and Complaint); Filed by USA Tulip International, Inc (Plaintiff)

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  • 03/30/2016
  • PROOF OF SERVICE SUMMONS

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  • 03/30/2016
  • DECLARATION OF REASONABLE DILIGENCE

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  • 03/30/2016
  • Proof of Service by 1st Class Mail

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  • 03/16/2016
  • USA TULIP INTERNATIONAL INC. S COMPLAINT FOR DAMAGES FOR NEGLIGENCE

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  • 03/16/2016
  • SUMMONS

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  • 03/16/2016
  • Complaint Filed

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  • 03/16/2016
  • Complaint; Filed by USA TULIP INTERNATIONAL INC., (Plaintiff); USA Tulip International, Inc (Plaintiff)

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Tentative Rulings

Case Number: BC613951    Hearing Date: January 27, 2020    Dept: O

Plaintiff’s application for default judgment is DENIED without prejudice for the following reasons:

1. Mandatory JC Form CIV-100 improperly filled out (Section 2).   There is no information concerning the breakdown in costs as reflected in the proposed judgment. 

2. The relief sought is not be within amount of prayer of complaint or statement of damages because the First Amended Complaint (“FAC”) fails to state amount in prayer and no statement of damages served.  (Greenup v. Rodma (Becker v. S.P.V. Construction Co. (1980) 27 Cal.3d 489, 493.) “[A] defendant must be notified by the prayer [citation] or allegations in the body of the complaint of the damages sought. [Citation.]” (National Diversified Services, Inc., v. Bernstein (1985) 168 Cal.App.3d 410, 417-418.)  The Court’s review of the FAC, filed on October 3, 2016, does not show that Defendant AYC Group LLC was provided notice in the prayer or allegations in the body of the FAC of the judgment that would be taken against it.

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