This case was last updated from Los Angeles County Superior Courts on 11/21/2020 at 09:11:12 (UTC).

CHUN YU WORKS USA INC VS ROSE YANG ET AL

Case Summary

On 02/07/2018 CHUN YU WORKS USA INC filed a Personal Injury - Other Personal Injury lawsuit against ROSE YANG. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are HOWARD L. HALM and ROBERT B. BROADBELT. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3052

  • Filing Date:

    02/07/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

HOWARD L. HALM

ROBERT B. BROADBELT

 

Party Details

Plaintiffs and Petitioners

CHUN YU WORKS (USA) INC

CHUN YU WORKS USA INC

Defendants and Respondents

JRL FREIGHT SERVICE CORP

YANG ROSE

DOES 1 TO 100

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

CHANG GRACE LEA ESQ.

CARTER-SOOHOO SUSAN MARY

Defendant and Respondent Attorneys

WANG TOMMY SONGFONG ESQ.

WANG TOMMY SF ESQ.

CHEN CHIEH AN

SILVER DAVID SAMUEL

LO KELVIN J.

LO KELVIN J. ESQ.

 

Court Documents

Notice - NOTICE OF COURT ORDER

11/4/2020: Notice - NOTICE OF COURT ORDER

Reply - REPLY TO OPPOSITION TO MOTION TO COMPEL REQUEST FOR PRODUCTION

7/21/2020: Reply - REPLY TO OPPOSITION TO MOTION TO COMPEL REQUEST FOR PRODUCTION

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [NOTICE OF CONTINUANCE DUE TO COVID-19 STATE OF EMERGENCY DECLARATIONS]

7/22/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [NOTICE OF CONTINUANCE DUE TO COVID-19 STATE OF EMERGENCY DECLARATIONS]

Substitution of Attorney

6/5/2020: Substitution of Attorney

Proof of Service by Mail

6/30/2020: Proof of Service by Mail

Opposition - OPPOSITION TO DEFENDANTS' DEMURRER TO PLAINTIFF'S COMPLAINT

11/19/2018: Opposition - OPPOSITION TO DEFENDANTS' DEMURRER TO PLAINTIFF'S COMPLAINT

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

2/27/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

2/28/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Notice of Ruling

10/31/2019: Notice of Ruling

Minute Order - MINUTE ORDER (COURT ORDER (NON-APPEARANCE);)

9/13/2019: Minute Order - MINUTE ORDER (COURT ORDER (NON-APPEARANCE);)

Notice - NOTICE OF CONTINUANCE OF CMC AND HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE

8/26/2019: Notice - NOTICE OF CONTINUANCE OF CMC AND HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE

Case Management Statement

8/19/2019: Case Management Statement

Notice Re: Continuance of Hearing and Order

11/21/2018: Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order

11/21/2018: Notice Re: Continuance of Hearing and Order

CASE MANAGEMENT STATEMENT -

6/1/2018: CASE MANAGEMENT STATEMENT -

DEFENDANTS' NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT

6/25/2018: DEFENDANTS' NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT

ORDER TO SHOW CAUSE HEARING

2/9/2018: ORDER TO SHOW CAUSE HEARING

SUMMONS -

2/7/2018: SUMMONS -

75 More Documents Available

 

Docket Entries

  • 12/16/2020
  • Hearing12/16/2020 at 10:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 12/04/2020
  • Hearing12/04/2020 at 08:30 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 11/19/2020
  • Docketat 10:00 AM in Department 53, Robert B. Broadbelt, Presiding; Hearing on Motion - Other (to Deem Admitted Truth of Facts and Genuiness of Documents Propounded on Defendant JRL Freight Service Corp;) - Held - Motion Granted

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  • 11/19/2020
  • Docketat 10:00 AM in Department 53, Robert B. Broadbelt, Presiding; Hearing on Motion to Compel (Responses to Request for Identification and Production of Documents Propounded on Defendant Rose Yang [Set One];) - Held - Motion Granted

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  • 11/19/2020
  • Docketat 10:00 AM in Department 53, Robert B. Broadbelt, Presiding; Hearing on Motion to Compel (Responses to Form Interrogatories Propounded on Defendant Rose Yang [Set One];) - Held - Motion Granted

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  • 11/19/2020
  • Docketat 10:00 AM in Department 53, Robert B. Broadbelt, Presiding; Hearing on Motion - Other (to Deem Admitted Truth of Facts and Genuiness of Documents Propounded on Defendant Rose Yang;) - Held - Motion Denied

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  • 11/19/2020
  • DocketOrder (re: Hearing on Motion to Deem Admitted Truth of Facts and Genuineness of Documents Propounded on Defendant JRL Freight Service Corp; Hearing on Motion to Deem Admitted Truth of Facts and Genuineness of, etc.); Filed by Clerk

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  • 11/19/2020
  • DocketDeclaration (of Kelvin Lo re Service of Discovery Responses); Filed by Rose Yang (Defendant)

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  • 11/19/2020
  • DocketMinute Order ( (Hearing on Motion to Compel Responses to Form Interrogatories...)); Filed by Clerk

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  • 11/04/2020
  • Docketat 10:00 AM in Department 53, Robert B. Broadbelt, Presiding; Hearing on Motion to Compel (Responses to Form Interrogatories Propounded on Defendant Rose Yang [Set One];) - Not Held - Advanced and Continued - by Court

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135 More Docket Entries
  • 05/25/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Chun Yu Works (USA) Inc (Plaintiff)

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  • 05/24/2018
  • DocketCASE MANAGEMENT STATEMENT

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  • 05/24/2018
  • DocketCase Management Statement; Filed by Chun Yu Works (USA) Inc (Plaintiff)

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  • 02/09/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 02/09/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 02/09/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 02/09/2018
  • DocketORDER TO SHOW CAUSE HEARING

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  • 02/07/2018
  • DocketSUMMONS

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  • 02/07/2018
  • DocketComplaint; Filed by Chun Yu Works (USA) Inc (Plaintiff)

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  • 02/07/2018
  • DocketCOMPLAINT FOR DAMAGES 1. BREACH OF FIDUCIARY DUTY ;ETC

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Tentative Rulings

Case Number: BC693052    Hearing Date: November 19, 2020    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

chun yu works (u.s.a.) inc.,

Plaintiff,

vs.

rose yang , et al.,

Defendants.

Case No.:

BC693052

Hearing Date:

November 19, 2020

Time:

10:00 a.m.

[Tentative] Order RE:

(1) motion to compel responseS to form interrogatories propounded on defendant rose yang, set one;

(2) motion to compel responses to request for identification and production of documents propounded on defendant rose yang, set one;

(3) motion to deem admitted truth of facts and genuineness of documents propounded on defendant rose yang;

(4) motion to deem Admitted truth of facts and genuineness of documents propounded on defendant jrl freight service corp.

MOVING PARTY: Plaintiff Chun Yu Works (U.S.A.) Inc.

RESPONDING PARTY: Defendant Rose Yang

  1. Motion to Compel Responses to Form Interrogatories Propounded on Defendant Rose Yang, Set One;

  2. Motion to Compel Responses to Request for Identification and Production of Documents Propounded on Defendant Rose Yang, Set One;

  3. Motion to Deem Admitted Truth of Facts and Genuineness of Documents Propounded on Defendant Rose Yang;

  4. Motion to Deem Admitted Truth of Facts and Genuineness of Documents Propounded on Defendant JRL Freight Service Corp.

The court considered the moving, opposition, and reply papers filed in connection with motions (1), (2), and (3) listed above. The court considered the moving papers in support of motion (4) listed above, and defendant JRL Freight Service Corp. did not file an opposition to that motion.

BACKGROUND

Plaintiff Chun Yu Works (U.S.A.) Inc. (“Plaintiff”) filed this action on February 7, 2018, against defendants Rose Yang (“Yang”) and JRL Freight Service Corp. (“JRL”) (collectively, “Defendants”).

On October 31, 2019, Plaintiff served on Yang its (1) Form Interrogatories, Set One, (2) Request for Production of Documents, Set One, and (3) Request for Admissions. (Chang Decls., filed February 28, 2020, ¶¶ 1.) On October 31, 2019, Plaintiff also served on JRL its Request for Admissions. (Chang Decl., filed February 28, 2020, ¶ 1.)

As of February 26, 2020, Defendants did not serve responses to Plaintiff’s discovery requests, despite Plaintiff granting multiple extensions. (Chang Decls., ¶¶ 4.)

Plaintiff now moves for an order compelling Yang to serve responses to its Form Interrogatories, Set One, and Request for Production of Documents, Set One. Plaintiff also moves for an order deeming the matters in its Request for Admissions directed to Yang and JRL admitted. Plaintiff requests monetary sanctions against Yang and JRL in connection with each motion.

DISCUSSION

If a party to whom interrogatories or an inspection demand are directed fails to serve a timely response, the propounding party may move for an order compelling responses without objections. (Code Civ. Proc., §§ 2030.290, subd. (b); 2031.300, subd. (b).) Where a motion seeks only a response to an inspection demand, no showing of “good cause” is required. (Compare Code Civ. Proc., § 2031.300(b) with Code Civ. Proc., § 2031.310, subd. (b)(1).)

Pursuant to Code of Civil Procedure section 2033.280, subdivision (b), if a party to whom requests for admissions are directed fails to serve a timely response, the requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, and for a monetary sanction under Chapter 7 (commencing with Section 2023.010). “Failure to timely respond to RFA does not result in automatic admissions. Rather, the propounder of the RFA must ‘move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction’ under § 2023.010 et seq.” (Weil & Brown, Civ. Proc. Before Trial, ¶ 8:1370, citing Code Civ. Proc., § 2033.280, subd. (b).) The court “shall” grant the motion to deem RFA admitted, “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220.” (Code Civ. Proc., § 2033.280, subd. (c).)

In her oppositions, filed July 15, 2020, Yang concedes that she failed to serve responses to the discovery requests at issue. Yang states that her failure to serve discovery responses was due to inadvertent mistakes, and that she intends to serve her discovery responses before the date of the hearing on this motion. In its replies, filed July 21, 2020, Plaintiff states that it has not received any discovery responses from Yang.

There is no evidence before the court showing that Yang has served responses to the discovery requests at issue.

With regard to Plaintiff’s Request for Admissions to Yang and JRL, it is “mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Code Civ. Proc., § 2033.280, subd. (c).)

ORDER

For the reasons set forth above, the court orders as follows.

The court grants plaintiff Chun Yu Works (U.S.A.) Inc.’s motion to compel defendant Rose Yang to serve responses to plaintiff Chun Yu Works (U.S.A.) Inc.’s Form Interrogatories, Set One, and Request for Production of Documents, Set One. The court also grants plaintiff Chun Yu Works (U.S.A.) Inc.’s motion to deem the truth of the matters specified in plaintiff Chun Yu Works (U.S.A.) Inc.’s Request for Admissions to defendant Rose Yang admitted.

The court grants plaintiff Chun Yu Works (U.S.A.) Inc.’s motion to deem the truth of the matters specified in plaintiff Chun Yu Works (U.S.A.) Inc.’s Request for Admissions to defendant JRL Freight Service Corp. admitted.

Pursuant to Code of Civil Procedure section 2030.290, the court orders defendant Rose Yang to serve on plaintiff Chun Yu Works (U.S.A.) Inc., full and complete verified answers, without objections, to plaintiff Chun Yu Works (U.S.A.) Inc.’s Form Interrogatories, Set One, that comply with Code of Civil Procedure sections 2030.220 and 2030.250, subdivisions (a) and (b), within 20 days of the date of service of this order.

Pursuant to Code of Civil Procedure section 2031.300, the court orders defendant Rose Yang to serve on plaintiff Chun Yu Works (U.S.A.) Inc. a written response, without objections, to plaintiff Chun Yu Works (U.S.A.) Inc.’s Request for Identification and Production of Documents and Things, Set One, that complies with Code of Civil Procedure sections 2031.210-2031.250, and (2) to produce to plaintiff Chun Yu Works (U.S.A.) Inc. all documents and things in defendant Rose Yang’s possession, custody, or control which are responsive to plaintiff Chun Yu Works (U.S.A.) Inc.’s Request for Identification and Production of Documents and Things, Set One, within 20 days of the date of service of this order.

Pursuant to Code of Civil Procedure section 2033.280, subdivision (b), the court orders that the truth of the matters specified in plaintiff Chun Yu Works (U.S.A.) Inc.’s Request for Admissions to defendant Rose Yang are deemed admitted.

Pursuant to Code of Civil Procedure section 2033.280, subdivision (b), the court orders that the truth of the matters specified in plaintiff Chun Yu Works (U.S.A.) Inc.’s Request for Admissions to defendant JRL Freight Service Corp. are deemed admitted.

Plaintiff requests monetary sanctions against Yang in the amount of $2,460 in connection with each motion. Plaintiff also requests monetary sanctions against JRL in the amount of $2,460. Code of Civil Procedure section 2023.040 provides: “A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. The notice of motion shall be supported by a memorandum of points and authorities, and accompanied by a declaration setting forth facts supporting the amount of any monetary sanctions sought.” Here, Plaintiff has not identified any person, party, or attorney against whom the sanction is sought, and has not specified the type of sanctions sought in its notice of motion to compel Yang’s responses to its Form Interrogatories, Set One, or in its notice of motion to compel Yang’s responses to its Request for Production of Documents, Set One. The court therefore denies Plaintiff’s request for sanctions in connection with Plaintiff’s motion to compel Yang’s responses to its Form Interrogatories, Set One, and with Plaintiff’s motion to compel Yang’s responses to its Request for Production of Documents, Set One.

The court grants Plaintiff’s request for monetary sanctions against Yang and JRL in connection with Plaintiff’s motion to deem the truth of the matters specified in its Requests for Admissions admitted.

With regard to Yang, the court finds that a total of $2,460 (6 hours x $400 per hour = $2,400, plus $60 motion filing fee) is a reasonable amount of sanctions to impose against Yang on the motion to deem the truth of the matters specified in its Request for Admissions admitted. The court therefore orders that defendant Rose Yang shall pay monetary sanctions in the amount of $2,460 to plaintiff Chun Yu Works (U.S.A.) Inc. within 30 days of the date of service of this order.

With regard to JRL, the court finds that a total of $2,460 (6 hours x $400 per hour = $2,400, plus $60 motion filing fee) is a reasonable amount of sanctions to impose against JRL on the motion to deem the truth of the matters specified in its Request for Admissions admitted. The court therefore orders that defendant JRL Freight Service Corp. shall pay monetary sanctions in the amount of $2,460 to plaintiff Chun Yu Works (U.S.A.) Inc. within 30 days of the date of service of this order

The court orders plaintiff Chun Yu Works (U.S.A.) Inc. to give notice of this order.

IT IS SO ORDERED.

DATED: November 19, 2020

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court