This case was last updated from Los Angeles County Superior Courts on 07/28/2020 at 07:20:59 (UTC).

BEARINGS 2000 SALES CO VS TWEN MA

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0174

  • Filing Date:

    04/02/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

OKI, DAN THOMAS

DAN THOMAS OKI

GLORIA WHITE-BROWN

 

Party Details

Plaintiffs

BEARINGS SALES CO

BEARINGS 2000 SALES CO.

Defendants

TMSM INVESTMENT CORP

TWEN MA ARCHITECTS

MA TWEN

ARCHITECTS TWEN MA

TMSM INVESTMENT CORPORATION

Attorney/Law Firm Details

Plaintiff Attorneys

NG HENRY

NG HENRY LIANG CHYE

Defendant Attorney

WONG FRED AH-LING

 

Court Documents

Declaration - DECLARATION BY PLAINTIFFS COUNSEL HENRY NG IN SUPPORT OF REQ DEFAULT JUDGMENT (WITH EXHIBITS) PURSUANT TO CCP 585D

1/28/2020: Declaration - DECLARATION BY PLAINTIFFS COUNSEL HENRY NG IN SUPPORT OF REQ DEFAULT JUDGMENT (WITH EXHIBITS) PURSUANT TO CCP 585D

Declaration - DECLARATION DECL BY REPLACEMENT ARCHITECT IGNACIO CRESPO IN SUPPORT OF REQ DEFAULT JUDGMENT BY PLAINTIFF 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

Judgment - JUDGMENT PROPOSED DEFAULT JUDGMENT BY PLAINTIFF AGAINST DEFENDANTS

3/2/2020: Judgment - JUDGMENT PROPOSED DEFAULT JUDGMENT BY PLAINTIFF AGAINST DEFENDANTS

Order - ORDER TENTATIVE RULING

3/2/2020: Order - ORDER TENTATIVE RULING

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: ENTRY OF ...)

11/21/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: ENTRY OF ...)

Minute Order - MINUTE ORDER (HEARING ON MOTION TO VACATE DEFAULT; CASE MANAGEMENT CONFEREN...)

3/25/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO VACATE DEFAULT; CASE MANAGEMENT CONFEREN...)

Order - ORDER TENTATIVE RULING

3/25/2019: Order - ORDER TENTATIVE RULING

Notice - Notice CMC and Hearing on Defendants Motion To Set Aside

3/5/2019: Notice - Notice CMC and Hearing on Defendants Motion To Set Aside

Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

7/9/2018: Legacy Document - LEGACY DOCUMENT TYPE: Rtn of Service of Summons & Compl

Request for Entry of Default / Judgment

8/24/2018: Request for Entry of Default / Judgment

Request for Entry of Default / Judgment

8/24/2018: Request for Entry of Default / Judgment

Legacy Document - LEGACY DOCUMENT TYPE: Default Entered

9/17/2018: Legacy Document - LEGACY DOCUMENT TYPE: Default Entered

Proof of Service of Summons and Complaint -

9/17/2018: Proof of Service of Summons and Complaint -

Request for Entry of Default / Judgment -

9/17/2018: Request for Entry of Default / Judgment -

Proof of Service of Summons and Complaint -

9/17/2018: Proof of Service of Summons and Complaint -

Request for Entry of Default / Judgment -

8/24/2018: Request for Entry of Default / Judgment -

Request for Entry of Default / Judgment -

8/24/2018: Request for Entry of Default / Judgment -

Proof of Service of Summons and Complaint -

7/9/2018: Proof of Service of Summons and Complaint -

62 More Documents Available

 

Docket Entries

  • 03/16/2020
  • DocketAbstract of Judgment - Civil and Small Claims; Filed by Bearings 2000 Sales Co. (Plaintiff)

    Read MoreRead Less
  • 03/02/2020
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Case Management Conference - Held

    Read MoreRead Less
  • 03/02/2020
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Order to Show Cause Re: (entry of default and default judgment) - Held

    Read MoreRead Less
  • 03/02/2020
  • DocketJudgment (Proposed Default Judgment By Plaintiff against Defendants); Filed by Bearings 2000 Sales Co. (Plaintiff)

    Read MoreRead Less
  • 03/02/2020
  • DocketCertificate of Mailing for ((Case Management Conference; Order to Show Cause Re: entry of ...) of 03/02/2020); Filed by Clerk

    Read MoreRead Less
  • 03/02/2020
  • DocketOrder (Tentative Ruling); Filed by Clerk

    Read MoreRead Less
  • 03/02/2020
  • DocketMinute Order ( (Case Management Conference; Order to Show Cause Re: entry of ...)); Filed by Clerk

    Read MoreRead Less
  • 03/02/2020
  • 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

    Read MoreRead Less
  • 01/30/2020
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Case Management Conference - Held - Continued

    Read MoreRead Less
  • 01/30/2020
  • Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Order to Show Cause Re: (entry of default and default judgment) - Held - Continued

    Read MoreRead Less
79 More Docket Entries
  • 07/09/2018
  • DocketProof of Service of Summons and Complaint

    Read MoreRead Less
  • 07/09/2018
  • DocketProof of Service of Summons and Complaint

    Read MoreRead Less
  • 07/09/2018
  • DocketRtn of Service of Summons & Compl; Filed by Bearings 2000 Sales Co. (Plaintiff)

    Read MoreRead Less
  • 07/09/2018
  • DocketRtn of Service of Summons & Compl; Filed by Bearings 2000 Sales Co. (Plaintiff)

    Read MoreRead Less
  • 05/15/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

    Read MoreRead Less
  • 04/04/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

    Read MoreRead Less
  • 04/02/2018
  • DocketComplaint; Filed by Bearings 2000 Sales Co. (Plaintiff)

    Read MoreRead Less
  • 04/02/2018
  • DocketSummons (on Complaint)

    Read MoreRead Less
  • 04/02/2018
  • DocketCivil Case Cover Sheet; Filed by Bearings 2000 Sales Co. (Plaintiff)

    Read MoreRead Less
  • 04/02/2018
  • DocketOther - (CERTIFICATION OF MERITS); Filed by Bearings 2000 Sales Co. (Plaintiff)

    Read MoreRead Less

Tentative Rulings

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:

  1. Professional Negligence/Malpractice

  2. Breach of Contract 1

  3. Breach of Contract 2

  4. Breach of Contract 3

  5. Breach of Implied Covenant of Good Faith and Fair Dealing

  6. Negligence

  7. Intentional Misrepresentation of Facts (Active Concealment of Material Facts)

  8. 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:

  1. Professional Negligence/Malpractice

  2. Breach of Contract 1

  3. Breach of Contract 2

  4. Breach of Contract 3

  5. Breach of Implied Covenant of Good Faith and Fair Dealing

  6. Negligence

  7. Intentional Misrepresentation of Facts (Active Concealment of Material Facts)

  8. 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:

  1. 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)