On 04/02/2018 BEARINGS 2000 SALES CO filed a Contract - Other Contract lawsuit against TWEN MA. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are OKI, DAN THOMAS, DAN THOMAS OKI and GLORIA WHITE-BROWN. The case status is Disposed - Judgment Entered.
****0174
04/02/2018
Disposed - Judgment Entered
Los Angeles County Superior Courts
Pomona Courthouse South
Los Angeles, California
OKI, DAN THOMAS
DAN THOMAS OKI
GLORIA WHITE-BROWN
BEARINGS SALES CO
BEARINGS 2000 SALES CO.
TMSM INVESTMENT CORP
TWEN MA ARCHITECTS
MA TWEN
ARCHITECTS TWEN MA
TMSM INVESTMENT CORPORATION
NG HENRY
NG HENRY LIANG CHYE
WONG FRED AH-LING
1/28/2020: Declaration - DECLARATION BY PLAINTIFFS COUNSEL HENRY NG IN SUPPORT OF REQ DEFAULT JUDGMENT (WITH EXHIBITS) PURSUANT TO CCP 585D
1/28/2020: Declaration - DECLARATION DECL BY REPLACEMENT ARCHITECT IGNACIO CRESPO IN SUPPORT OF REQ DEFAULT JUDGMENT BY PLAINTIFF PURSUANT TO CCP 585D
3/2/2020: Judgment - JUDGMENT PROPOSED DEFAULT JUDGMENT BY PLAINTIFF AGAINST DEFENDANTS
3/2/2020: Order - ORDER TENTATIVE RULING
11/21/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: ENTRY OF ...)
3/25/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO VACATE DEFAULT; CASE MANAGEMENT CONFEREN...)
3/25/2019: Order - ORDER TENTATIVE RULING
3/5/2019: Notice - Notice CMC and Hearing on Defendants Motion To Set Aside
7/9/2018: Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl
8/24/2018: Request for Entry of Default / Judgment
8/24/2018: Request for Entry of Default / Judgment
9/17/2018: Legacy Document - LEGACY DOCUMENT TYPE: Default Entered
9/17/2018: Proof of Service of Summons and Complaint -
9/17/2018: Request for Entry of Default / Judgment -
9/17/2018: Proof of Service of Summons and Complaint -
8/24/2018: Request for Entry of Default / Judgment -
8/24/2018: Request for Entry of Default / Judgment -
7/9/2018: Proof of Service of Summons and Complaint -
DocketAbstract of Judgment - Civil and Small Claims; Filed by Bearings 2000 Sales Co. (Plaintiff)
Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Case Management Conference - Held
Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Order to Show Cause Re: (entry of default and default judgment) - Held
DocketJudgment (Proposed Default Judgment By Plaintiff against Defendants); Filed by Bearings 2000 Sales Co. (Plaintiff)
DocketCertificate of Mailing for ((Case Management Conference; Order to Show Cause Re: entry of ...) of 03/02/2020); Filed by Clerk
DocketOrder (Tentative Ruling); Filed by Clerk
DocketMinute Order ( (Case Management Conference; Order to Show Cause Re: entry of ...)); Filed by Clerk
DocketJudgment (- Default Judgment By Court - Before Trial - 03/02/2020 entered for Plaintiff Bearings 2000 Sales Co. against Defendant TMSM Investment Corporation; Defendant Twen Ma; Defendant Twen Ma Architects.); Filed by Clerk
Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Case Management Conference - Held - Continued
Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Order to Show Cause Re: (entry of default and default judgment) - Held - Continued
DocketProof of Service of Summons and Complaint
DocketProof of Service of Summons and Complaint
DocketRtn of Service of Summons & Compl; Filed by Bearings 2000 Sales Co. (Plaintiff)
DocketRtn of Service of Summons & Compl; Filed by Bearings 2000 Sales Co. (Plaintiff)
DocketOSC-Failure to File Proof of Serv; Filed by Clerk
DocketNotice of Case Management Conference; Filed by Clerk
DocketComplaint; Filed by Bearings 2000 Sales Co. (Plaintiff)
DocketSummons (on Complaint)
DocketCivil Case Cover Sheet; Filed by Bearings 2000 Sales Co. (Plaintiff)
DocketOther - (CERTIFICATION OF MERITS); Filed by Bearings 2000 Sales Co. (Plaintiff)
Case Number: KC070174 Hearing Date: March 02, 2020 Dept: J
OSC DATE: Monday, March 2, 2020
RE: Bearings 2000 Sales Co. v. Ma (KC070174)
______________________________________________________________________________
Plaintiff Bearings 2000 Sales Co.’s APPLICATION FOR DEFAULT JUDGMENT
Tentative Ruling
See below.
Background
Plaintiff Bearings 2000 Sales Co. (“Plaintiff”) alleges that Defendants Twen Ma (“Ma”) and TMSM Investment Corporation dba Twen Ma Architects (erroneously sued and served as TMSM Investment Corporation [“TMSMIC”] and Twen Ma Architects [“Architects”]) (collectively, “Defendants”) were paid more than $123,500.00 on a contract of $190,000.00 to design and obtain permits to build a warehouse located in Montclair. Plaintiff alleges that Defendants kept asking for more funds and lied to Plaintiff that preliminary approvals were obtained when they were not. Plaintiff also alleges that delays by Defendants caused increases in construction costs. On April 2, 2018, Plaintiff filed a complaint, asserting causes of action against Ma, TMSMIC, Architects and Does 1-20 for:
Professional Negligence/Malpractice
Breach of Contract 1
Breach of Contract 2
Breach of Contract 3
Breach of Implied Covenant of Good Faith and Fair Dealing
Negligence
Intentional Misrepresentation of Facts (Active Concealment of Material Facts)
Fraud (Intentional Misrepresentation of Facts)
On September 17, 2018, Plaintiff filed an amended proof of service, which reflected that Ma had been personally served with the summons and complaint on April 13, 2018 at 150 N. Santa Anita Avenue, Suite 410, Acadia, CA 91006 (“the Arcadia address”). On September 17, 2018, Ma’s default was entered. On October 16, 2018, Plaintiff filed two amended proofs of service, which reflected that Architects and TMSMIC had both been personally served with the summons and complaint on April 13, 2018 at the Arcadia address. On October 16, 2018, Architects’ and TMSMIC’s defaults were entered.
A Case Management Conference and an Order to Show Cause Re: entry of default and default judgment are set for March 2, 2020.
Discussion
Plaintiff’s Application for Default Judgment is GRANTED as to the first, second and fifth through tenth causes of action. Plaintiff’s request for default judgment as to the fourth cause of action is DENIED, on the basis that no monetary amounts for same were set forth in the complaint.
ANALYSIS
Yes (9/17/18;
10/16/18) Default Entered. (JC Form CIV-100.)
Yes Dismissal of all parties against whom judgment is not sought or an
application for separate judgment against specified parties under CCP
579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).)
Yes Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).)
See above Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.)
Yes Summary of the case. (CRC 3.1800 (a)(1).)
Yes Declarations in support of the judgment. (CRC 3.1800 (a)(2).)
N/A Attorney fees if supported by contract, statute or law. (CRC 3.1800 (a)(9); Local R. 3.214; open book – CC 1717.5.)
Yes_________ _ Interest computations. (CRC 3.1800 (a)(3); 10% for contracts - Civ. Code 3289.)
Yes Memorandum of costs and disbursements. (CRC 3.1800 (a)(4); JC Form CIV-100 item 7.)
Yes Declaration of nonmilitary status for each defendant. (CRC 3.1800 (a)(5); JC Form CIV-100 item 8.)
Yes Proposed form of judgment. (CRC 3.1800 (a)(6).)
N/A Statement of Damages served (P.I./wrongful death). (JC Form CIV-050; CCP 425.11.)
N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)
Case Number: KC070174 Hearing Date: December 30, 2019 Dept: J
OSC DATE: Monday, December 30, 2019
RE: Bearings 2000 Sales Co. v. Ma (KC070174)
______________________________________________________________________________
Plaintiff Bearings 2000 Sales Co.’s APPLICATION FOR DEFAULT JUDGMENT
Tentative Ruling
Plaintiff Bearings 2000 Sales Co.’s Application for Default Judgment is DENIED without prejudice.
Background
Plaintiff Bearings 2000 Sales Co. (“Plaintiff”) alleges that Defendants Twen Ma (“Ma”) and TMSM Investment Corporation dba Twen Ma Architects (erroneously sued and served as TMSM Investment Corporation [“TMSMIC”] and Twen Ma Architects [“Architects”]) (collectively, “Defendants”) were paid more than $123,500.00 on a contract of $190,000.00 to design and obtain permits to build a warehouse located in Montclair. Plaintiff alleges that Defendants kept asking for more funds and lied to Plaintiff that preliminary approvals were obtained when they were not. Plaintiff also alleges that delays by Defendants caused increases in construction costs. On April 2, 2018, Plaintiff filed a complaint, asserting causes of action against Ma, TMSMIC, Architects and Does 1-20 for:
Professional Negligence/Malpractice
Breach of Contract 1
Breach of Contract 2
Breach of Contract 3
Breach of Implied Covenant of Good Faith and Fair Dealing
Negligence
Intentional Misrepresentation of Facts (Active Concealment of Material Facts)
Fraud (Intentional Misrepresentation of Facts)
On September 17, 2018, Plaintiff filed an amended proof of service, which reflected that Ma had been personally served with the summons and complaint on April 13, 2018 at 150 N. Santa Anita Avenue, Suite 410, Acadia, CA 91006 (“the Arcadia address”). On September 17, 2018, Ma’s default was entered. On October 16, 2018, Plaintiff filed two amended proofs of service, which reflected that Architects and TMSMIC had both been personally served with the summons and complaint on April 13, 2018 at the Arcadia address. On October 16, 2018, Architects’ and TMSMIC’s defaults were entered.
A Case Management Conference and Order to Show Cause Re: entry of default and default judgment are set for October 2, 2019.
Discussion
Plaintiff’s Application for Default Judgment is DENIED without prejudice. The following defects are noted:
Plaintiff has not submitted any admissible evidence supporting its contention that the costs of construction increased to almost $84.21/square foot and that this represented a difference of $1,213,550 increase in construction costs over a 4 year period. (Zhuang Decl., ¶24; Ng Decl., 8:14-16.) Ng states that subsequent to May 19, 2017, “a more current quotation at the time was obtained that showed that the construction costs had risen by approximately $600,000” (Ng Decl., ¶9); this does not appear, however, to be attached.
ANALYSIS
Yes (9/17/18;
10/16/18); Default Entered. (JC Form CIV-100.)
Yes Dismissal of all parties against whom judgment is not sought or an
application for separate judgment against specified parties under CCP
579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).)
Yes Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).)
See above Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.)
Yes Summary of the case. (CRC 3.1800 (a)(1).)
Yes Declarations in support of the judgment. (CRC 3.1800 (a)(2).)
N/A Attorney fees if supported by contract, statute or law. (CRC 3.1800 (a)(9); Local R. 3.214; open book – CC 1717.5.)
Yes_________ _ Interest computations. (CRC 3.1800 (a)(3); 10% for contracts - Civ. Code 3289.)
Yes Memorandum of costs and disbursements. (CRC 3.1800 (a)(4); JC Form CIV-100 item 7.)
Yes Declaration of nonmilitary status for each defendant. (CRC 3.1800 (a)(5); JC Form CIV-100 item 8.)
Yes Proposed form of judgment. (CRC 3.1800 (a)(6).)
N/A Statement of Damages served (P.I./wrongful death). (JC Form MC-010; CCP 425.11.)
N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)