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This case was last updated from Los Angeles County Superior Courts on 05/26/2019 at 04:23:06 (UTC).

CHIAU-YU HSUEH VS KENNY MING HO LIU

Case Summary

On 12/06/2017 CHIAU-YU HSUEH filed a Property - Other Real Property lawsuit against KENNY MING HO LIU. 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:

    ****9863

  • Filing Date:

    12/06/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • 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

HSUEH CHIAU-YU

LIU ANGIE Y

HSUEHM ANGIE

ANGIE HSUEHM

LIU ANGIE Y.

Defendants and Cross Plaintiffs

LIU KENNY M. H.

LIU KENNY M.

HEDGESM JAMES K.

LIU KENNY MING HO

K. HEDGESM JAMES

HEDGES JAMES K.

Defendants and Cross Defendants

K. HEDGESM JAMES

HEDGES JAMES K.

Attorney/Law Firm Details

Plaintiff Attorney

KLINKERT JAMES E.

Defendant and Cross Plaintiff Attorneys

CHENG PAUL P. LAW OFFICES OF

CHENG PAUL PO REN

 

Court Documents

Unknown

1/30/2018: Unknown

Unknown

3/9/2018: Unknown

Unknown

3/9/2018: Unknown

Notice of Ruling

3/13/2018: Notice of Ruling

Unknown

3/19/2018: Unknown

Unknown

3/19/2018: Unknown

Minute Order

3/29/2018: Minute Order

Minute Order

4/11/2018: Minute Order

Notice of Posting of Jury Fees

4/18/2018: Notice of Posting of Jury Fees

Case Management Statement

4/18/2018: Case Management Statement

Unknown

5/8/2018: Unknown

Other -

5/11/2018: Other -

Minute Order

5/11/2018: Minute Order

Other -

5/11/2018: Other -

Answer

5/21/2018: Answer

Ex Parte Application

1/25/2019: Ex Parte Application

Minute Order

1/28/2019: Minute Order

Notice

1/30/2019: Notice

23 More Documents Available

 

Docket Entries

  • 04/29/2019
  • Substitution of Attorney; Filed by KENNY MING HO LIU (Defendant); KENNY M. LIU (Defendant); KENNY M. H. LIU (Defendant)

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  • 03/19/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Jury Trial - Not Held - Continued - Stipulation

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  • 03/04/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 - Held

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  • 03/04/2019
  • at 08:30 AM in Department O, Peter A. Hernandez, Presiding; Final Status Conference - Not Held - Continued - Stipulation

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  • 03/04/2019
  • Minute Order ( (Order to Show Cause Re: Failure to File Proof of Service and ...)); Filed by Clerk

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  • 03/01/2019
  • Summons (on Cross Complaint); Filed by KENNY MING HO LIU (Cross-Complainant)

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  • 01/30/2019
  • Notice (NOTICE OF HEARING); Filed by KENNY MING HO LIU (Defendant); KENNY M. LIU (Defendant); KENNY M. H. LIU (Defendant)

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  • 01/28/2019
  • at 09:00 AM in Department O, Peter A. Hernandez, Presiding; Ex-Parte Proceedings (EX PARTE NOTICE AND APPLICATION FOR ORDER TO CONTINUE TRIAL AND ALL RELATED DATES; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF REBECCA GARDNER; (PROPOSED) ORDER) - Held - Motion Granted

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  • 01/28/2019
  • Minute Order ( (Ex-Parte Proceedings EX PARTE NOTICE AND APPLICATION FOR ORDE...)); Filed by Clerk

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  • 01/28/2019
  • Order (GRANTING CONTINUANCE OF TRIAL AND ALL RELATED DATES); Filed by KENNY MING HO LIU (Defendant); KENNY M. LIU (Defendant); KENNY M. H. LIU (Defendant)

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47 More Docket Entries
  • 02/26/2018
  • Declaration (OF JOHN M YENOKIAN)

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  • 01/30/2018
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 01/30/2018
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 12/08/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 12/08/2017
  • Notice-Case Management Conference; Filed by Clerk

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  • 12/06/2017
  • Complaint Filed

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  • 12/06/2017
  • Complaint; Filed by CHIAU-YU HSUEH (Plaintiff)

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  • 12/06/2017
  • Summons (on Complaint)

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  • 12/06/2017
  • Civil Case Cover Sheet

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  • 12/06/2017
  • Notice (OF PENDING ACTION)

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Tentative Rulings

Case Number: KC069863    Hearing Date: October 05, 2020    Dept: O

Defendant Kenny Ming Ho Liu’s motion to set aside entry of default and any default judgment is DENIED.

Defendant Kenny Ming Ho Liu (“Defendant”) moves to set aside entry of default per Code of Civil Procedure section 473(b):

The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months after judgment, dismissal, order or proceeding was taken.

(CCP § 473(b).)

The matter comes before the Court after a court trial on September 24, 2020. The Court ruled in favor of Plaintiff Chiau-Yu Hsueh (“Plaintiff”) and entered an Interlocutory Judgment for Partition of several properties on October 18, 2019. Defendant filed a “Motion to Partially Set Aside” the Judgment in this case on March 3, 2020 notwithstanding Plaintiff’s objections that improper notice was given as to the originally scheduled hearing date of March 26, 2020. As a result, the Court finds the motion timely.

However, the substance of Defendant’s motion is problematic. There is no credible evidence of mistake, inadvertence, surprise, or excusable neglect that would allow the Court to exercise its discretion and grant the motion. The Court finds that Defendant’s candor with this Court is troubling. In his declaration, Defendant asserts that the court trial caught him by surprise which arguably would be a reason to grant Defendant’s requested relief. However, as shown in Plaintiff’s Opposition, Defendant knew as early as January 28, 2019 that trial would be held on September 24, 2019, when the Court granted his ex parte application to continue trial. Defendant’s claims that he was representing himself also do not provide him relief. He acknowledged to this Court on April 29, 2019 that he would be representing himself. Defendant was also present at a hearing on July 9, 2019 that the Final Status Conference would be held on September 12, 2019. When he failed to show up for the FSC, the Court ordered a court trial for the same date Defendant had been provided on numerous occasions – September 24, 2019. The Court finds Defendant’s statement that he was surprised by the court trial not credible and no reason to disturb the Interlocutory Judgment in this case.

Furthermore, Defendant’s disingenuous argument that he did not understand the proceedings because of his language skills is unavailing. At trial, the Court provided two Mandarin language interpreters to assist the parties to the litigation.

Finally, Defendant’s argument that he was “surprised” that the judgment included a property that Defendant could have presented evidence that would have negated Plaintiff’s claims also does not provide him relief. Section 473 does not provide a remedy to correct a failure to produce evidence or a response that a court may find persuasive. (Wiz Technology, Inc. v. Coopers & Lybrand (2003) 106 Cal.App.4th 1, 17.)

Sanctions

The Court will not order sanctions, but the Court will hear from Plaintiff in a future filing concerning the costs to litigate this motion.

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