This case was last updated from Los Angeles County Superior Courts on 11/25/2020 at 03:45:05 (UTC).

DAE H KWON VS JACK SHIN ET AL

Case Summary

On 03/08/2018 DAE H KWON filed a Personal Injury - Other Personal Injury lawsuit against JACK SHIN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are DENNIS J. LANDIN, CHRISTOPHER K. LUI, STEPHEN M. MOLONEY and DANIEL M. CROWLEY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7209

  • Filing Date:

    03/08/2018

  • 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

DENNIS J. LANDIN

CHRISTOPHER K. LUI

STEPHEN M. MOLONEY

DANIEL M. CROWLEY

 

Party Details

Plaintiff and Petitioner

KWON DAE H.

Defendants and Respondents

SHIN JACK

DOES 1-25

CAFE JACK A PROPRIETORSHIP

CAFE JACK

IWAI PROPERTIES (DOE 1)

JACK CAFE

IWAI PROPERTIES DOE 1

SHIN JACK DBA CAFE JACK

KIM NAM YEON AKA NATALIE KIM

STORY GARDEN INC. DOE 3

KIM NAM YEON AKA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

TOPPILA BRIAN W. ESQ.

TOPPILA BRIAN WALTER

PARK JASON C

LEE HAN SAN

Defendant and Respondent Attorneys

LEWIS BRISBOIS BISGAARD & SMITH LLP

WOOD CARY LINN

JENNINGS MARC

 

Court Documents

Notice - NOTICE CONSENT TO ELECTRONIC SERVICE AND NOTICE OF ELECTRONIC SERVICE ADDRESS

10/7/2020: Notice - NOTICE CONSENT TO ELECTRONIC SERVICE AND NOTICE OF ELECTRONIC SERVICE ADDRESS

Answer

4/8/2020: Answer

Notice of Posting of Jury Fees

4/8/2020: Notice of Posting of Jury Fees

Substitution of Attorney

2/7/2020: Substitution of Attorney

Substitution of Attorney

2/7/2020: Substitution of Attorney

Proof of Personal Service

11/12/2019: Proof of Personal Service

Minute Order - MINUTE ORDER (MOTION OF DEFENDANTS JACK SHIN, CAFE JACK, NAM YEON KIM A.D.A...)

11/13/2019: Minute Order - MINUTE ORDER (MOTION OF DEFENDANTS JACK SHIN, CAFE JACK, NAM YEON KIM A.D.A...)

Motion to Continue - MOTION TO CONTINUE TRIAL DATE

10/17/2019: Motion to Continue - MOTION TO CONTINUE TRIAL DATE

Answer

9/19/2019: Answer

Separate Statement

7/8/2019: Separate Statement

[Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

6/6/2019: [Proposed Order] and Stipulation to Continue Trial, FSC (and Related Motion/Discovery Dates) Person - [PROPOSED ORDER] AND STIPULATION TO CONTINUE TRIAL, FSC (AND RELATED MOTION/DISCOVERY DATES) PERSO

Complaint - (Amended)

11/30/2018: Complaint - (Amended)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Hearing on Motion to Strike portions of Plaintiff's Second Am...) of 02/14/2019

2/14/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Hearing on Motion to Strike portions of Plaintiff's Second Am...) of 02/14/2019

Reply - Reply to plaintiff's opposition to defendants' motion to strike

10/29/2018: Reply - Reply to plaintiff's opposition to defendants' motion to strike

DECLARATION OF ALEX ALARCON IN SUPPORT OF DEFENDANTS' NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT

8/31/2018: DECLARATION OF ALEX ALARCON IN SUPPORT OF DEFENDANTS' NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT

PROOF OF SERVICE SUMMONS -

4/12/2018: PROOF OF SERVICE SUMMONS -

PROOF OF SERVICE SUMMONS -

4/12/2018: PROOF OF SERVICE SUMMONS -

COMPLM FOR DAMAGES 1. STRICT LIABILITY 2. NEGLIGENCE

3/8/2018: COMPLM FOR DAMAGES 1. STRICT LIABILITY 2. NEGLIGENCE

40 More Documents Available

 

Docket Entries

  • 03/29/2021
  • Hearing03/29/2021 at 10:00 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Trial Setting Conference

    Read MoreRead Less
  • 03/08/2021
  • Hearing03/08/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal

    Read MoreRead Less
  • 10/07/2020
  • DocketNotice (Consent to Electronic Service and Notice of Electronic Service Address); Filed by Cafe Jack a proprietorship (Defendant); IWAI Properties (Doe 1) (Defendant); Jack Shin (Defendant) et al.

    Read MoreRead Less
  • 07/14/2020
  • Docketat 08:30 AM in Department 28, Daniel M. Crowley, Presiding; Jury Trial - Not Held - Advanced and Vacated

    Read MoreRead Less
  • 06/30/2020
  • Docketat 10:00 AM in Department 28, Daniel M. Crowley, Presiding; Final Status Conference - Not Held - Advanced and Vacated

    Read MoreRead Less
  • 06/16/2020
  • Docketat 4:30 PM in Department 28, Daniel M. Crowley, Presiding; Court Order

    Read MoreRead Less
  • 06/16/2020
  • DocketCertificate of Mailing for ((Court Order) of 06/16/2020); Filed by Clerk

    Read MoreRead Less
  • 06/16/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

    Read MoreRead Less
  • 05/22/2020
  • DocketSubstitution of Attorney; Filed by Dae H. Kwon (Plaintiff)

    Read MoreRead Less
  • 04/08/2020
  • DocketDemand for Jury Trial; Filed by IWAI Properties (Doe 1) (Defendant)

    Read MoreRead Less
62 More Docket Entries
  • 05/29/2018
  • DocketProof of Service of Summons and Complaint

    Read MoreRead Less
  • 04/12/2018
  • DocketPROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 04/12/2018
  • DocketPROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 04/12/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Dae H. Kwon (Plaintiff)

    Read MoreRead Less
  • 04/12/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Dae H. Kwon (Plaintiff)

    Read MoreRead Less
  • 03/23/2018
  • DocketAMENDMENT TO COMPLAINT

    Read MoreRead Less
  • 03/23/2018
  • DocketAmendment to Complaint; Filed by Dae H. Kwon (Plaintiff)

    Read MoreRead Less
  • 03/08/2018
  • DocketSUMMONS

    Read MoreRead Less
  • 03/08/2018
  • DocketComplaint; Filed by Dae H. Kwon (Plaintiff)

    Read MoreRead Less
  • 03/08/2018
  • DocketCOMPLM FOR DAMAGES 1. STRICT LIABILITY 2. NEGLIGENCE

    Read MoreRead Less

Tentative Rulings

Case Number: BC697209    Hearing Date: November 13, 2019    Dept: 4A

Motion to Continue Trial and Related Dates

Having considered the moving papers, the Court rules as follows.

BACKGROUND

On March 8, 2018, Plaintiff Dae H. Kwon (“Plaintiff”) filed a complaint against Defendants Jack Shin and Café Jack alleging strict liability and negligence for a dog attach that occurred on January 29, 2018.

On March 23, 2018, Plaintiff amended his complaint to rename Doe 1 as Defendant Iwai Properties.

On November 30, 2018, Plaintiff filed a first amended complaint.

On July 23, 2019, Plaintiff amended his complaint to rename Doe 2 as Defendant Nam Yeon Kim a.k.a. Natalie Kim and Doe 3 as Story Garden Inc.

On October 17, 2019, Defendants Jack Shin, Café Jack, Nam Yeon Kim a.k.a. Natalie Kim, and Story Garden Inc. filed a motion to continue trial and related dates pursuant to California Rules of Court, rule 3.1332.

Trial is set for January 13, 2020.

PARTYS REQUESTS

Defendants Jack Shin, Café Jack, Nam Yeon Kim a.k.a. Natalie Kim, and Story Garden Inc. (“Defendants”) ask the Court to continue trial, the final status conference, and all discovery cutoff dates to approximately July 13, 2020 because of Defendants Story Garden Inc. and Nam Kim having recently appeared in this action.

LEGAL STANDARD

Pursuant to California Rules of Court, rule 3.1332, subdivision (a), “[t]o ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain.” Under California Rules of Court, rule 3.1332, subdivision (b), “[a] party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered.”

California Rules of Court, rule 3.1332, subdivision (c) states that “[a]lthough continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance.”  California Rules of Court, rule 3.1332, subdivision (d) sets forth factors that are relevant in determining whether to grant a continuance.

California Code of Civil Procedure section 2024.050 allows a court to grant leave to complete discovery proceedings.  In doing so, a court shall consider matters relevant to the leave requested, including, but not limited to: (1) the necessity of the discovery, (2) the diligence in seeking the discovery or discovery motion, (3) the likelihood of interference with the trial calendar or prejudice to a party, and (4) the length of time that has elapsed between previous trial dates.  (Code Civ. Proc. § 2024.050.)

DISCUSSION

Moving Defendant argues there is good cause to grant the motion because Defendants Story Garden In. and Nam Kim just recently made their first appearance in this action on September 19, 2019 and have not had an opportunity to conduct discovery and prepare for trial.  (Ekmekchyan Decl., ¶ 6; Motion, p. 4:18-4:22.)  Secondarily, the parties have stipulated to continue trial to July 13, 2020.  (Ekmekchyan Decl., ¶ 8; Motion, p. 4:23-4:24.)

The Court finds there is good cause to continue trial and the related dates.  Defendants Story Garden In. and Nam Kim have not had enough time to conduct the necessary discovery and prepare for trial.  The Court notes there has been only one trial continuance.  (Ekmekchyan Decl., ¶ 7.)  Moreover, will not cause prejudice to any party.

The motion is GRANTED.

The Court orders trial shall be continued to July 14, 2020 at 8:30 a.m.  The Court also orders the final status conference date shall be continued to June 30, 2020 at 10:00 a.m.  Both hearings are to be held in Department 4A of the Spring Street Courthouse, 312 North Spring Street, Los Angeles, CA 90012.  All discovery cut-off and other pre-trial dates shall be based on the July 14, 2020 trial date.

Defendants are ordered to give notice of this ruling.