This case was last updated from Los Angeles County Superior Courts on 07/20/2019 at 02:00:05 (UTC).

EAST WEST BANK VS NINO JEFFERSON MIAVE LIM

Case Summary

On 04/03/2018 EAST WEST BANK filed a Contract - Other Contract lawsuit against NINO JEFFERSON MIAVE LIM. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judge overseeing this case is GLORIA WHITE-BROWN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0177

  • Filing Date:

    04/03/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

GLORIA WHITE-BROWN

 

Party Details

Plaintiff

EAST WEST BANK

Defendants

MEGA FOOD INC

AMERICAN CANYON SUPERMARKET

AZUSA SUPERMARKET INC

ISLAND PACFIC PITTSBURG INC

LIM NINO JEFFERSON MIAVE

ISLAND PACIFIC VEGAS INC

LONG BEACH SEAFOOD MARKET INC

ISLAND PACIFIC HAYWARD INC

VERMONT SEAFOOD MARKET INC

ISLAND PACIFIC OXNARD INC

CANOGA SUPERMARKET INC

PROMENADE SUPERMARKETS INC

ISLAND PACIFIC NATIONAL CITY INC

OISHI SUPERMARKET INC

ISLAND PACIFIC DISTRIBUTION INC

ISKLAND PACIFIC ENTERPRISES INC

FRESNO SUPERMARKET INC

ISLAND PACIFIC SUPERMARKETS

SAN JOSE NATIONJAL MARKET

6 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

OXLEY WILLIAM W. LAW OFFICES OF

MERMELSTEIN MARK

Defendant Attorneys

ALON ESQ. EDWARD E.

ESPINA ESQ. CLAIRE N.

ESPINA CLAIRE NAVARRO

 

Court Documents

Legacy Document

4/16/2018: Legacy Document

Legacy Document

4/16/2018: Legacy Document

Legacy Document

4/16/2018: Legacy Document

Legacy Document

4/16/2018: Legacy Document

Legacy Document

4/16/2018: Legacy Document

Legacy Document

4/16/2018: Legacy Document

Amended Complaint

7/19/2018: Amended Complaint

Complaint

7/19/2018: Complaint

Request for Judicial Notice

8/22/2018: Request for Judicial Notice

Case Management Statement

8/28/2018: Case Management Statement

Objection

9/25/2018: Objection

Minute Order

10/15/2018: Minute Order

Motion to Compel

1/25/2019: Motion to Compel

Proof of Service (not Summons and Complaint)

2/19/2019: Proof of Service (not Summons and Complaint)

Motion to Be Relieved as Counsel

3/15/2019: Motion to Be Relieved as Counsel

Notice of Intent to Appear by Telephone

4/4/2019: Notice of Intent to Appear by Telephone

Minute Order

4/10/2019: Minute Order

Order

4/10/2019: Order

84 More Documents Available

 

Docket Entries

  • 06/13/2019
  • Proof of Service by Mail; Filed by East West Bank (Plaintiff)

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  • 06/13/2019
  • Proof of Personal Service; Filed by East West Bank (Plaintiff)

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  • 06/10/2019
  • Declaration (Plaintiff East West Bank's Notice of Motion and Motion to Compel Attendance of Person Most Knowledgeable at Deposition of Island Pacific Chula Vista, Inc. and for Terminating Sanctions; Memorandum of Points and Authorities in Support Thereof); Filed by East West Bank (Plaintiff)

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  • 06/10/2019
  • Motion to Compel (Plaintiff East West Bank's Notice of Motion and Motion to Compel Attendance of Person Most Knowledgeable at Deposition of Island Pacific Distribution, Inc. and for Terminating Sanctions; Memorandum of Points and Authorities in Support Thereof); Filed by East West Bank (Plaintiff)

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  • 06/10/2019
  • Motion to Compel (Plaintiff East West Bank's Notice of Motion and Motion to Compel Attendance of Person Most Knowledgeable at Deposition of Island Pacific Chula Vista, Inc. and for Terminating Sanctions; Memorandum of Points and Authorities in Support Thereof); Filed by East West Bank (Plaintiff)

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  • 06/10/2019
  • Declaration (Plaintiff East West Bank's Notice of Motion and Motion to Compel Attendance of Person Most Knowledgeable at Deposition of Island Pacific Distribution, Inc. and for Terminating Sanctions; Memorandum of Points and Authorities in Support Thereof); Filed by East West Bank (Plaintiff)

    Read MoreRead Less
  • 06/10/2019
  • Motion to Compel (Plaintiff East West Bank's Notice of Motion and Motion to Compel Attendance of Person Most Knowledgeable at Deposition of Island Pacific National City, Inc. and for Terminating Sanctions; Memorandum of Points and Authorities in Support Thereof); Filed by East West Bank (Plaintiff)

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  • 06/10/2019
  • Declaration (Plaintiff East West Bank's Notice of Motion and Motion to Compel Attendance of Person Most Knowledgeable at Deposition of Island Pacific National City, Inc. and for Terminating Sanctions; Memorandum of Points and Authorities in Support Thereof); Filed by East West Bank (Plaintiff)

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  • 05/01/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Non-Appearance Case Review (ReBankruptcy) - Not Held - Advanced and Continued - by Court

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  • 04/17/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Trial Setting Conference - Not Held - Advanced and Continued - by Court

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105 More Docket Entries
  • 04/16/2018
  • Rtn of Service of Summons & Compl; Filed by East West Bank (Plaintiff)

    Read MoreRead Less
  • 04/16/2018
  • Rtn of Service of Summons & Compl; Filed by East West Bank (Plaintiff)

    Read MoreRead Less
  • 04/16/2018
  • Rtn of Service of Summons & Compl; Filed by East West Bank (Plaintiff)

    Read MoreRead Less
  • 04/16/2018
  • Rtn of Service of Summons & Compl; Filed by East West Bank (Plaintiff)

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  • 04/16/2018
  • Rtn of Service of Summons & Compl; Filed by East West Bank (Plaintiff)

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  • 04/13/2018
  • Notice; Filed by East West Bank (Plaintiff)

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  • 04/04/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 04/03/2018
  • Complaint; Filed by East West Bank (Plaintiff)

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  • 04/03/2018
  • Summons (on Complaint)

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  • 04/03/2018
  • Civil Case Cover Sheet

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Tentative Rulings

Case Number: KC070177    Hearing Date: January 23, 2020    Dept: J

OSC DATE:

RE: East West Bank v. Lim, et al. (KC070177)

______________________________________________________________________________

 

Plaintiff East West Bank’s APPLICATION FOR DEFAULT JUDGMENT

[Against Defendants American Canyon Supermarket, Inc., Azusa Supermarket, Inc., Canoga

Supermarket, Inc., Fresno Supermarket, Inc., Island Pacific Chula Vista Inc., Island Pacific

Distribution, Inc., Island Pacific Enterprises, Inc., Island Pacific Hayward Inc., Island Pacific

National City, Inc., Island Pacific Oxnard, Inc., Island Pacific Pittsburg, Inc., Island Pacific

Supermarkets, Inc., Island Pacific Temecula, Inc., Kababayan Development, Inc., Long Beach

Seafood Market Inc., Manila Bay Foods, Inc., Mega Foods, Inc., Oishi Supermarket, Inc.,

Promenade Supermarket Inc., Puregold Supermarket, Inc., San Jose International Market, Inc.

and Vermont Seafood Market, Inc.]

Tentative Ruling

Plaintiff East West Bank’s Application for Default Judgment is DENIED without prejudice.

Background

Plaintiff East West Bank (“Plaintiff”) alleges that defendants engaged in a fraudulent check kiting scheme to defraud plaintiff. On July 19, 2018, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants Nino Jefferson Miave Lim (“Lim”); Island Pacific Supermarkets, Inc. (“IP Supermarkets”); Island Pacific Chula Vista Inc. (“IP Chula Vista”); Island Pacific National City, Inc. (“IP National City”); Island Pacific Oxnard, Inc. (“IP Oxnard”); Island Pacific Pittsburg, Inc. (“IP Pittsburg”); Island Pacific Rancho, Inc. (“IP Rancho”); Island Pacific Distribution, Inc. (“IP Distribution”); Island Pacific Temecula, Inc. (“IP Temecula”); Island Pacific Enterprises, Inc. (“IP Enterprises”); Island Pacific Hayward Inc. (“IP Hayward”); Promenade Supermarket Inc. (“Promenade”); Long Beach Seafood Market Inc. (“Long Beach Seafood”); Oishi Supermarket, Inc. (“Oishi”); Fresno Supermarket, Inc. (“Fresno Supermarket”); American Canyon Supermarket, Inc. (“American Canyon”); Puregold Supermarket, Inc. (“Puregold”); Kababayan Development, Inc. (“KBI”); Manila Bay Foods, Inc. (“Manila Bay Foods”); Azusa Supermarket, Inc. (“Azusa Supermarket”), Mega Foods, Inc. (“Mega Foods”); Vermont Seafood Market, Inc. (“Vermont Seafood”); Canoga Supermarket, Inc. (“Canoga”); San Jose International Market, Inc. (“San Jose”), Island Pacific Vegas, Inc. (“IP Vegas”) and Does 1-30 for:

  1. Breach of Contract

  2. Fraud

  3. Conversion

  4. Liability on Written Instruments

  5. Civil Conspiracy

On November 2, 2018, Lim filed a notice of stay of proceedings, advising therein of his Chapter 7 bankruptcy filing.

On July 30, 2019, the court ordered all answers of the corporate defendants filed on December 7, 2018 stricken for failure to be represented by counsel and ordered counsel for Plaintiff to file entry of default as to each defendant.

On August 12, 2019, IP Supermarkets’, IP Chula Vista’s, IP National City’s, IP Oxnard’s, IP Pittsburg’s, IP Distribution’s IP Temecula’s, IP Enterprises’, IP Hayward’s, Promenade’s, Long Beach Seafood’s, Oishi’s, Fresno Supermarket’s, American Canyon’s, Puregold’s, KBI’s, Manila Bay Foods’, Azusa Supermarket’s, Mega Foods’, Vermont Seafood’s, Canoga’s and San Jose’s defaults were entered.

On August 21, 2019, Plaintiff dismissed IP Rancho, IP Vegas and Does 1-30, without prejudice.

An Order to Show Cause Re: Failure to Proceed with Entry of Default/Default Judgment is set for December 9, 2019. A Status Conference Re: Bankruptcy as to Lim is set for January 9, 2020.

Discussion

Plaintiff’s Application for Default Judgment is DENIED without prejudice. The following defects are noted:

  1. Plaintiff has now provided the court with copies of all of the “NSF” or “stop payment” checks identified in Exhibit A to the FAC, which total $18,949,565.00. Maria Madden (“Madden”) explains that “[d]uring the presentment of the above mentioned deposited returned items, some of the business accounts had positive balances, which slightly decreased the total overdraft amount. Additionally, there were a few pre-authorized credits that were posted to these accounts prior to charging off-the accounts between the dates of February 05, 2018 and February 28, 2018. Those pre-authorized credits, along with the fact that some checks drawn on East West Bank were returned by East West Bank prior to clearing into the accounts, helped to further decrease the total overdraft balance. Thus, the total loss to East West Bank was $17,594,501.38.” (Madden Decl., ¶6.) Stuart Bonomo (“Bonomo”) attaches a “Statement of Account” as Exhibit 5 to his declaration and explains that “[t]his Statement of Account was calculating by adding together the amount of each of the checks listed on Exhibit “A” to the FAC. With the few deposits received after February 2, 2018, and other credits, the amount of the losses to the Bank was reduced to $17,594,501.38. . .” (Bonomo Decl., ¶14.) Neither Madden nor Bonomo, however, provide the court with documentary evidence of these positive balances, deposits and/or credits. The court requests that such evidence be provided.

ANALYSIS

Yes (8/12/19) 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).)

Yes 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.)

N/A_________ _ Interest computations. (CRC 3.1800 (a)(3); 10% for contracts - Civ. Code 3289.)

N/A 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)

Case Number: KC070177    Hearing Date: December 09, 2019    Dept: J

OSC DATE: Monday, December 9, 2019

RE: East West Bank v. Lim, et al. (KC070177)

______________________________________________________________________________

 

Plaintiff East West Bank’s APPLICATION FOR DEFAULT JUDGMENT

[Against Defendants American Canyon Supermarket, Inc., Azusa Supermarket, Inc., Canoga

Supermarket, Inc., Fresno Supermarket, Inc., Island Pacific Chula Vista Inc., Island Pacific

Distribution, Inc., Island Pacific Enterprises, Inc., Island Pacific Hayward Inc., Island Pacific

National City, Inc., Island Pacific Oxnard, Inc., Island Pacific Pittsburg, Inc., Island Pacific

Supermarkets, Inc., Island Pacific Temecula, Inc., Kababayan Development, Inc., Long Beach

Seafood Market Inc., Manila Bay Foods, Inc., Mega Foods, Inc., Oishi Supermarket, Inc.,

Promenade Supermarket Inc., Puregold Supermarket, Inc., San Jose International Market, Inc.

and Vermont Seafood Market, Inc.]

Tentative Ruling

Plaintiff East West Bank’s Application for Default Judgment is DENIED without prejudice.

Background

Plaintiff East West Bank (“Plaintiff”) alleges that defendants engaged in a fraudulent check kiting scheme to defraud plaintiff. On July 19, 2018, Plaintiff filed a First Amended Complaint, asserting causes of action against Defendants Nino Jefferson Miave Lim (“Lim”); Island Pacific Supermarkets, Inc. (“IP Supermarkets”); Island Pacific Chula Vista Inc. (“IP Chula Vista”); Island Pacific National City, Inc. (“IP National City”); Island Pacific Oxnard, Inc. (“IP Oxnard”); Island Pacific Pittsburg, Inc. (“IP Pittsburg”); Island Pacific Rancho, Inc. (“IP Rancho”); Island Pacific Distribution, Inc. (“IP Distribution”); Island Pacific Temecula, Inc. (“IP Temecula”); Island Pacific Enterprises, Inc. (“IP Enterprises”); Island Pacific Hayward Inc. (“IP Hayward”); Promenade Supermarket Inc. (“Promenade”); Long Beach Seafood Market Inc. (“Long Beach Seafood”); Oishi Supermarket, Inc. (“Oishi”); Fresno Supermarket, Inc. (“Fresno Supermarket”); American Canyon Supermarket, Inc. (“American Canyon”); Puregold Supermarket, Inc. (“Puregold”); Kababayan Development, Inc. (“KBI”); Manila Bay Foods, Inc. (“Manila Bay Foods”); Azusa Supermarket, Inc. (“Azusa Supermarket”), Mega Foods, Inc. (“Mega Foods”); Vermont Seafood Market, Inc. (“Vermont Seafood”); Canoga Supermarket, Inc. (“Canoga”); San Jose International Market, Inc. (“San Jose”), Island Pacific Vegas, Inc. (“IP Vegas”) and Does 1-30 for:

  1. Breach of Contract

  2. Fraud

  3. Conversion

  4. Liability on Written Instruments

  5. Civil Conspiracy

On November 2, 2018, Lim filed a notice of stay of proceedings, advising therein of his Chapter 7 bankruptcy filing.

On July 30, 2019, the court ordered all answers of the corporate defendants filed on December 7, 2018 stricken for failure to be represented by counsel and ordered counsel for Plaintiff to file entry of default as to each defendant.

On August 12, 2019, IP Supermarkets’, IP Chula Vista’s, IP National City’s, IP Oxnard’s, IP Pittsburg’s, IP Distribution’s IP Temecula’s, IP Enterprises’, IP Hayward’s, Promenade’s, Long Beach Seafood’s, Oishi’s, Fresno Supermarket’s, American Canyon’s, Puregold’s, KBI’s, Manila Bay Foods’, Azusa Supermarket’s, Mega Foods’, Vermont Seafood’s, Canoga’s and San Jose’s defaults were entered.

On August 21, 2019, Plaintiff dismissed IP Rancho, IP Vegas and Does 1-30, without prejudice.

An Order to Show Cause Re: Failure to Proceed with Entry of Default/Default Judgment is set for December 9, 2019. A Status Conference Re: Bankruptcy as to Lim is set for January 9, 2020.

Discussion

Plaintiff’s Application for Default Judgment is DENIED without prejudice. The following defects are noted:

  1. Plaintiff has now provided the court with copies of all of the “NSF” or “stop payment” checks identified in Exhibit A to the FAC, which total $18,949,565.00. Maria Madden (“Madden”) explains that “[d]uring the presentment of the above mentioned deposited returned items, some of the business accounts had positive balances, which slightly decreased the total overdraft amount. Additionally, there were a few pre-authorized credits that were posted to these accounts prior to charging off-the accounts between the dates of February 05, 2018 and February 28, 2018. Those pre-authorized credits, along with the fact that some checks drawn on East West Bank were returned by East West Bank prior to clearing into the accounts, helped to further decrease the total overdraft balance. Thus, the total loss to East West Bank was $17,594,501.38.” (Madden Decl., ¶6.) Stuart Bonomo (“Bonomo”) attaches a “Statement of Account” as Exhibit 5 to his declaration and explains that “[t]his Statement of Account was calculating by adding together the amount of each of the checks listed on Exhibit “A” to the FAC. With the few deposits received after February 2, 2018, and other credits, the amount of the losses to the Bank was reduced to $17,594,501.38. . .” (Bonomo Decl., ¶14.) Neither Madden nor Bonomo, however, provide the court with documentary evidence of these positive balances, deposits and/or credits. The court requests that such evidence be provided.

ANALYSIS

Yes (8/12/19) 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).)

Yes 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.)

N/A_________ _ Interest computations. (CRC 3.1800 (a)(3); 10% for contracts - Civ. Code 3289.)

N/A 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)