This case was last updated from Los Angeles County Superior Courts on 04/29/2021 at 07:20:32 (UTC).

CUIJU JI VS JERRY MAO, ET AL.

Case Summary

On 02/06/2020 CUIJU JI filed a Contract - Other Contract lawsuit against JERRY MAO. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4943

  • Filing Date:

    02/06/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

JI CUIJU AN INDIVIDUAL

Defendants

MAO JERRY AN INDIVIDUAL

PEGASUS ELITE AVIATION INC. A CALIFORNIA CORPORATION

GOLDEN WINGS JET GLOBAL LLC A CALIFORNIA LLC

Attorney/Law Firm Details

Plaintiff Attorney

XU HANZHANG

Defendant Attorney

JOHNS HILLARY

 

Court Documents

Complaint

2/6/2020: Complaint

Motion to Reclassify

2/23/2021: Motion to Reclassify

Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF GOLDEN WINGS JET GLOBAL LLCS MOTION FOR ORDER RECLASSIFYING ACTION AS LIMITE

2/23/2021: Memorandum of Points & Authorities - MEMORANDUM OF POINTS & AUTHORITIES MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF GOLDEN WINGS JET GLOBAL LLCS MOTION FOR ORDER RECLASSIFYING ACTION AS LIMITE

Status Report - STATUS REPORT JOINT STATUS REPORT FOR TRIAL SETTING CONFERENCE

1/22/2021: Status Report - STATUS REPORT JOINT STATUS REPORT FOR TRIAL SETTING CONFERENCE

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

1/28/2021: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

Notice - NOTICE NOTICE OF CONTINUANCE OF TRIAL SETTING CONFERENCE

1/28/2021: Notice - NOTICE NOTICE OF CONTINUANCE OF TRIAL SETTING CONFERENCE

Notice - NOTICE NOTICE OF TRIAL SETTING CONFERENCE

9/18/2020: Notice - NOTICE NOTICE OF TRIAL SETTING CONFERENCE

Proof of Service (not Summons and Complaint) - PROOF OF SERVICE (NOT SUMMONS AND COMPLAINT) PROOF OF ELECTRONIC SERVICE

8/26/2020: Proof of Service (not Summons and Complaint) - PROOF OF SERVICE (NOT SUMMONS AND COMPLAINT) PROOF OF ELECTRONIC SERVICE

Case Management Statement

8/26/2020: Case Management Statement

Proof of Service (not Summons and Complaint)

7/15/2020: Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint)

6/12/2020: Proof of Service (not Summons and Complaint)

Case Management Statement

6/10/2020: Case Management Statement

Summons - SUMMONS ON COMPLAINT

2/6/2020: Summons - SUMMONS ON COMPLAINT

Proof of Personal Service

4/17/2020: Proof of Personal Service

Proof of Personal Service

4/17/2020: Proof of Personal Service

Request for Entry of Default / Judgment

4/27/2020: Request for Entry of Default / Judgment

Unknown - NOTICE OF CONTINUANCE DUE TO COVID-19 STATE OF EMERGENCY DECLARATIONS

5/1/2020: Unknown - NOTICE OF CONTINUANCE DUE TO COVID-19 STATE OF EMERGENCY DECLARATIONS

Notice of Case Assignment - Unlimited Civil Case

2/6/2020: Notice of Case Assignment - Unlimited Civil Case

21 More Documents Available

 

Docket Entries

  • 05/25/2021
  • Hearing05/25/2021 at 08:30 AM in Department 49 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion to Reclassify (Walker Motion)

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  • 02/25/2021
  • DocketProof of Service (not Summons and Complaint); Filed by Golden Wings Jet Global LLC, a California LLC (Defendant)

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  • 02/23/2021
  • DocketDeclaration (Declaration of Alexander Floum in Support of Golden Wings Jet Global LLC's Motion For Order Reclassifying Action as Limited Civil Case); Filed by Golden Wings Jet Global LLC, a California LLC (Defendant)

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  • 02/23/2021
  • DocketMotion to Reclassify; Filed by Golden Wings Jet Global LLC, a California LLC (Defendant)

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  • 02/23/2021
  • DocketMemorandum of Points & Authorities (MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF GOLDEN WINGS JET GLOBAL LLC?S MOTION FOR ORDER RECLASSIFYING ACTION AS LIMITED CIVIL CASE); Filed by Golden Wings Jet Global LLC, a California LLC (Defendant)

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  • 01/28/2021
  • Docketat 09:30 AM in Department 49; Trial Setting Conference - Held - Continued

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  • 01/28/2021
  • DocketNotice (Notice of Continuance of Trial Setting Conference); Filed by Cuiju Ji, an individual (Plaintiff)

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  • 01/28/2021
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 01/22/2021
  • DocketStatus Report (Joint Status Report For Trial Setting Conference); Filed by Cuiju Ji, an individual (Plaintiff); Golden Wings Jet Global LLC, a California LLC (Defendant)

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  • 09/18/2020
  • DocketNotice (Notice of Trial Setting Conference); Filed by Cuiju Ji, an individual (Plaintiff)

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16 More Docket Entries
  • 04/27/2020
  • DocketRequest for Entry of Default / Judgment; Filed by Cuiju Ji, an individual (Plaintiff)

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  • 04/20/2020
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by Clerk

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  • 04/17/2020
  • DocketProof of Personal Service; Filed by Cuiju Ji, an individual (Plaintiff)

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  • 04/17/2020
  • DocketRequest for Entry of Default / Judgment; Filed by Cuiju Ji, an individual (Plaintiff)

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  • 04/17/2020
  • DocketProof of Personal Service; Filed by Cuiju Ji, an individual (Plaintiff)

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  • 02/07/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 02/06/2020
  • DocketSummons (on Complaint); Filed by Cuiju Ji, an individual (Plaintiff)

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  • 02/06/2020
  • DocketCivil Case Cover Sheet; Filed by Cuiju Ji, an individual (Plaintiff)

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  • 02/06/2020
  • DocketComplaint; Filed by Cuiju Ji, an individual (Plaintiff)

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  • 02/06/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: 20STCV04943    Hearing Date: May 25, 2021    Dept: 49

Moving Party: Defendant Golden Wings Jet Global, LLC

Responding Party: No response filed

Ruling: Motion granted.

Defendant Golden Wings Jet Global, LLC (“Defendant”) moves to reclassify this case as a limited civil action on the ground that the amount in controversy is $25,000 or less.

Legal Standards

Actions in which the amount in controversy is $25,000 or less are classified as limited jurisdiction cases.  (Code Civ. Proc. § 86, subd. (a)(1).)  California Code of Civil Procedure section 403.040 provides, in relevant part:  

“(a) The plaintiff . . . may file a motion for reclassification within the time allowed for that party to amend the initial pleading.  The defendant . . . may file a motion for reclassification within the time allowed for that party to respond to the initial pleading. . . . The court shall grant the motion and enter an order for reclassification, regardless of any fault or lack of fault, if the case has been classified in an incorrect jurisdictional classification. 

(b)  If a party files a motion for reclassification after the time for that party to amend that party’s initial pleading or to respond to a complaint, cross-complaint, or other initial pleading, the court shall grant the motion and enter an order for reclassification only if both of the following conditions are satisfied: 

(1) The case is incorrectly classified. 

(2) The moving party shows good cause for not seeking reclassification earlier.” 

“[W]e shall construe section 396 as requiring transfer when (i) the absence of jurisdiction is apparent before trial from the complaint, petition, or related documents, or (ii) during the course of pretrial litigation, it becomes clear that the matter will ‘necessarily’ result in a verdict below the superior court jurisdictional amount, and the court affords the parties an opportunity to contest transfer.”  (Walker v. Superior Court (1991) 53 Cal.3d 257, 262.)  “This standard requires a high level of certainty that a damage award will not exceed $25,000 and is not satisfied by a finding that such an award is merely ‘unlikely’ or ‘not reasonably probable.’”  (Id. at p. 269.)  “The [trial] court may believe it highly unlikely that plaintiff will recover the amount demanded, but this is not enough to defeat jurisdiction, unless it appears to a legal certainty that plaintiff cannot recover the amount [of the] demand[.]”  (Ytuarte v. Superior Court (2005) 129 Cal.App.4th 266, 277 (citing Walkersupra, 53 Cal.3d at 270) (internal quotations omitted); see also Maldonado v. Superior Court of Orange County (1996) 45 Cal.App.4th 397, 402 [“the trial court looks to the possibility of a jurisdictionally appropriate verdict, not to its probability.”]). 

“[T]he party opposing reclassification (from unlimited to limited), to defeat the motion (or oppose the OSC) the party must present evidence to demonstrate a possibility that the verdict will exceed $25,000.” (Ytuarte v. Superior Court (2005) 129 Cal.App.4th 266, 277; see also Campbell v. Sup. Ct. (1989) 213 Cal.App.3d 147, 154¿[decided under predecessor statute, and holding “the factors supporting … a transfer … will be evident to the trial judge without formal evidentiary proof.”])

Discussion

Plaintiff alleges that on September 28, 2019, she contracted with Defendant, through an employee (Defendant Mao) to book a charter flight from Van Nuys, California to Boston Massachusetts at a price of $21,000. (Complaint, ¶¶ 11-13.) She alleges that she paid a cash deposit and wired the rest to Defendant on September 30, 2019. (Id., ¶¶ 13-16.) On October 1, after the money was sent to the appointed bank account, Mao told her the money had not been received and the flight would have to be rescheduled. (Id., ¶ 16.) A suitable flight was never found, but Mao failed to return the $15,000 wire, despite sending Plaintiff a false bank email confirmation stating the money had been returned. (Id., ¶¶ 17-21.) Plaintiff has stated claims for breach of contract, fraud, and conversion, and prays for punitive damages. (Id., ¶¶ 22-35 and A-C.)

Plaintiff’s complaint sets forth that Plaintiff paid $21,000 for a charter flight she did not receive. Plaintiff has not come forward with any evidence suggesting there is any chance she will be able to obtain more than $21,000 following a trial in this matter. Plaintiff has not challenged Defendants’ contention that her claim for punitive damages lacks evidentiary support, nor has Plaintiff apparently produced any evidence that she even tendered $21,000 to Defendants at all. (See Declaration of Alexander Floum, ¶¶ 5, 7.) The Court therefore finds that this case will necessarily result in a verdict for less than the $25,000 jurisdictional amount.

Defendant contends that this motion was not filed sooner because the parties had been negotiating to settle the matter, but no agreement has been reached. This is good cause for not bringing this motion for reclassification earlier.

Conclusion

For the foregoing reasons, the motion to reclassify is granted. This matter is reclassified as a limited civil matter for all purposes and transferred to limited civil. The parties will be contacted by the court with notice of the new assignment and any upcoming hearing dates.

Date: May 25, 2021

Honorable Stuart M. Rice

Judge of the Superior Court

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