This case was last updated from Los Angeles County Superior Courts on 03/25/2021 at 01:33:40 (UTC).

ESMAEIL KHOUBIAN VS HYUN KIM

Case Summary

On 06/19/2017 ESMAEIL KHOUBIAN filed a Personal Injury - Motor Vehicle lawsuit against HYUN KIM. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. SEIGLE, AMY D. HOGUE and EDWARD B. MORETON. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5635

  • Filing Date:

    06/19/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LAURA A. SEIGLE

AMY D. HOGUE

EDWARD B. MORETON

 

Party Details

Plaintiff and Petitioner

KHOUBIAN ESMAEIL

Defendants and Respondents

DOES 1 TO 20

KIM HYUN

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAZARUS PETER M.

LAZARUS PETER MICHAEL

Defendant Attorney

PERRY ARIELLA E

 

Court Documents

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: WHY THE CASE SHOULD NOT BE DISMISSED)

12/8/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: WHY THE CASE SHOULD NOT BE DISMISSED)

Motion for Leave - MOTION FOR LEAVE MOTION FOR LEAVE TO SERVE DEFENDANT HYUN KIM BY PUBLICATION; DECLARATION OF MICHAEL P. HOLLOMON, JR.; DECLARATION OF DEBORA RABIEIAN; MEMORANDUM OF POINTS AND AUTHO

2/9/2021: Motion for Leave - MOTION FOR LEAVE MOTION FOR LEAVE TO SERVE DEFENDANT HYUN KIM BY PUBLICATION; DECLARATION OF MICHAEL P. HOLLOMON, JR.; DECLARATION OF DEBORA RABIEIAN; MEMORANDUM OF POINTS AND AUTHO

Opposition - OPPOSITION OPPOSITION TO MOTION FOR LEAVE TO SERVE DEFENDANT BY PUBLICATION

3/11/2021: Opposition - OPPOSITION OPPOSITION TO MOTION FOR LEAVE TO SERVE DEFENDANT BY PUBLICATION

Minute Order - Minute Order (Hearing on Motion to Quash Service of Summons)

11/26/2018: Minute Order - Minute Order (Hearing on Motion to Quash Service of Summons)

Order - Order Re: Defendant's Motion to Quash Service of Summons; Motion Continued to December 12, 2018

11/26/2018: Order - Order Re: Defendant's Motion to Quash Service of Summons; Motion Continued to December 12, 2018

Minute Order - Minute Order (Final Status Conference)

12/10/2018: Minute Order - Minute Order (Final Status Conference)

Declaration - Declaration Further Declaration of Defendant Hyun Myung Kim in Support of Motion to Quash

12/21/2018: Declaration - Declaration Further Declaration of Defendant Hyun Myung Kim in Support of Motion to Quash

Certificate of Mailing for - Certificate of Mailing for Minute Order (Trial Setting Conference; Hearing on Motion to Quash Service ...) of 01/18/2019

1/18/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Trial Setting Conference; Hearing on Motion to Quash Service ...) of 01/18/2019

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 07/26/2019

7/26/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 07/26/2019

Minute Order - MINUTE ORDER (COURT ORDER)

7/26/2019: Minute Order - MINUTE ORDER (COURT ORDER)

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: WHY THE CASE SHOULD NOT BE DISMISSED;...)

10/2/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: WHY THE CASE SHOULD NOT BE DISMISSED;...)

Declaration - DECLARATION DECLARATION OF HAMID MOUSSAVIAN REGARDING COMPLYING WITH CALIFORNIA RULES OF COURT, RULE 3.1362

2/14/2020: Declaration - DECLARATION DECLARATION OF HAMID MOUSSAVIAN REGARDING COMPLYING WITH CALIFORNIA RULES OF COURT, RULE 3.1362

Minute Order - MINUTE ORDER (COURT ORDER)

3/18/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/18/2020

3/18/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/18/2020

Minute Order - MINUTE ORDER (COURT ORDER RE: COVID-19)

4/15/2020: Minute Order - MINUTE ORDER (COURT ORDER RE: COVID-19)

Notice - NOTICE NOTICE OF CONTINUANCE OF HEARING ON MOTION TO BE RELIEVED AS COUNSEL; NOTICE OF TRIAL SETTING CONFERENCE; NOTICE OF ORDER TO SHOW CAUSE RE: WHY THE CASE SHOULD NOT BE DISMISSED

7/6/2020: Notice - NOTICE NOTICE OF CONTINUANCE OF HEARING ON MOTION TO BE RELIEVED AS COUNSEL; NOTICE OF TRIAL SETTING CONFERENCE; NOTICE OF ORDER TO SHOW CAUSE RE: WHY THE CASE SHOULD NOT BE DISMISSED

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE; HEARING ON MOTION TO BE RELIEVED AS...)

7/15/2020: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE; HEARING ON MOTION TO BE RELIEVED AS...)

PROOF OF SERVICE SUMMONS -

6/27/2018: PROOF OF SERVICE SUMMONS -

29 More Documents Available

 

Docket Entries

  • 04/01/2021
  • Hearing04/01/2021 at 08:30 AM in Department 27 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Order FOR SERVICE BY PUBLICATION

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  • 03/23/2021
  • DocketNOTICE OF CONTINUANCE OF HEARING ON MOTION FOR LEAVE TO SERVE DEFENDANT HYUN KIM BY PUBLICATION; Filed by Esmaeil Khoubian (Plaintiff)

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  • 03/18/2021
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Order to Show Cause Re: (why the case should not be dismissed) - Not Held - Taken Off Calendar by Court

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  • 03/18/2021
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Hearing on Motion for Order (FOR SERVICE BY PUBLICATION) - Not Held - Continued - Party's Motion

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  • 03/18/2021
  • DocketOpposition (Opposition for Leave to Serve by Publication); Filed by Hyun Kim (Defendant)

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  • 03/18/2021
  • DocketMinute Order ( (Hearing on Motion for Order FOR SERVICE BY PUBLICATION; Order...)); Filed by Clerk

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  • 03/11/2021
  • DocketOpposition (Opposition to Motion for Leave to Serve Defendant by Publication); Filed by Hyun Kim (Defendant)

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  • 02/17/2021
  • Docketat 1:30 PM in Department 27, Edward B. Moreton, Presiding; Order to Show Cause Re: (why the case should not be dismissed) - Not Held - Continued - Court's Motion

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  • 02/17/2021
  • Docketat 1:30 PM in Department 27, Edward B. Moreton, Presiding; Hearing on Motion for Order (FOR SERVICE BY PUBLICATION) - Not Held - Continued - Court's Motion

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  • 02/16/2021
  • Docketat 08:30 AM in Department 27, Edward B. Moreton, Presiding; Court Order

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60 More Docket Entries
  • 11/19/2018
  • DocketReply (to Opposition to Motion to Quash Service of Summons); Filed by Hyun Kim (Defendant)

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  • 11/16/2018
  • DocketDeclaration (Of USA Legal Network INC.); Filed by Esmaeil Khoubian (Plaintiff)

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  • 11/16/2018
  • DocketOpposition (to motion to quash service of summons and complaint of def Hyun Kim); Filed by Esmaeil Khoubian (Plaintiff)

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  • 10/05/2018
  • DocketMotion to Quash Service of Summons; Filed by Hyun Kim (Defendant)

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  • 09/20/2018
  • DocketASSOCIATION OF ATTORNEYS

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  • 06/27/2018
  • DocketProof-Service/Summons; Filed by Esmaeil Khoubian (Plaintiff)

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  • 06/27/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 06/19/2017
  • DocketComplaint; Filed by Esmaeil Khoubian (Plaintiff)

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  • 06/19/2017
  • DocketSUMMONS

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  • 06/19/2017
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC665635    Hearing Date: March 18, 2021    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

ESMAEIL KHOUBIAN,

Plaintiff(s),

vs.

HYUN KIM, et al.,

Defendant(s).

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BC665635

[TENTATIVE] ORDER RE: PLAINTIFF’S MOTION FOR LEAVE TO SERVE DEFENDANT HYUN KIM BY PUBLICATION

Dept. 27

8:30 a.m.

March 18, 2021

On June 19, 2017, Plaintiff Esmaeil Khoubian filed this action against Defendant Hyun Kim arising from a June 23, 2015 automobile collision.  On October, 5, 2018, Defendant filed a motion to quash service of summons.  The Motion was granted on January 18, 2019.  

Plaintiff submitted applications to serve Defendant by publication on October 1, 2019 and July 15, 2020, which were both rejected. Plaintiff filed this Motion for leave to serve Defendant by publication on February 9, 2021.  Defendant specially appears to oppose the Motion. 

Plaintiff’ argues that Defendant should be served by publication if it appears to the satisfaction of the court that the party to be served cannot with reasonable diligence be served in another manner.  (Code Civ. Proc., § 415.50, subd. (a).) Plaintiff has not made the requisite showing of “reasonable diligence” that would permit service by publication.  (Kott v. Superior Court (1996) 45 Cal.App.4th 1126, 1138-1139.)  Plaintiff submits evidence that Defendant no longer resides in California and has returned to Korea.  But, Plaintiff has made no effort to locate Defendant’s address in the Republic of Korea.  Plaintiff’s counsel only states, without evidence, that they have subpoenaed Defendant’s insurance carrier for his address but that it has not been provided.  Furthermore, service of summons on a person outside the United States is subject to the Hague Service Convention, of which the Republic of Korea is a party. There is no evidence that Plaintiff has attempted to serve Defendant through the Korean Central Authority under the Hague Service Convention’s procedures.  

Plaintiff’s Motion is DENIED. 

Moving party to give notice.

18th day of March 2021

Hon. Edward B. Moreton, Jr.

Judge of the Superior Court

Case Number: BC665635    Hearing Date: July 15, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

ESMAEIL KHOUBIAN,

Plaintiff,

vs.

HYUN KIM,

Defendant.

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.: BC665635

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED

Dept. 27

8:30 p.m.

July 15, 2020

Hamid R. Moussavian seeks to be relieved as counsel of record for plaintiff Esmaeil KhoubianAbsent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.  (People v. Prince (1968) 268 Cal.App.2d 398, 406.)  

However, this Motion is procedurally deficient.  A notice of motion and motion to be relieved as counsel must be made on mandatory form MC-051.  (Cal. Rules of Court, Rule 3.1362(a).)  The Motion must be accompanied by a declaration made on mandatory form MC-052 and a proposed order made on mandatory form MC-053.  (Cal. Rules of Court, Rule 3.1362(c), (e).)  Counsel did not submit a declaration on mandatory form MC-052.  

Also, this hearing was originally set for April 3, 2020 and then continued to July 15, 2020.  But, the notice of amended hearing was filed and served on July 6, 2020, which is insufficient time for a motion to be noticed per Code of Civil Procedure section 1005(b).

Accordingly, this Motion to be relieved is DENIED without prejudice.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  

Dated this 15th day of July 2020

Hon. Edward B. Moreton, Jr. 

Judge of the Superior Court

Case Number: BC665635    Hearing Date: July 14, 2020    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA 

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

ESMAEIL KHOUBIAN,

Plaintiff,

vs.

HYUN KIM,

Defendant.

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.: BC665635

[TENTATIVE] ORDER RE: MOTION TO BE RELIEVED

Dept. 27

8:30 p.m.

July 15, 2020

Hamid R. Moussavian seeks to be relieved as counsel of record for plaintiff Esmaeil KhoubianAbsent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted.  (People v. Prince (1968) 268 Cal.App.2d 398, 406.)  

However, this Motion is procedurally deficient.  A notice of motion and motion to be relieved as counsel must be made on mandatory form MC-051.  (Cal. Rules of Court, Rule 3.1362(a).)  The Motion must be accompanied by a declaration made on mandatory form MC-052 and a proposed order made on mandatory form MC-053.  (Cal. Rules of Court, Rule 3.1362(c), (e).)  Counsel did not submit a declaration on mandatory form MC-052.  

Also, this hearing was originally set for April 3, 2020 and then continued to July 15, 2020.  But, the notice of amended hearing was filed and served on July 6, 2020, which is insufficient time for a motion to be noticed per Code of Civil Procedure section 1005(b).

Accordingly, this Motion to be relieved is DENIED without prejudice.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.  

Dated this 15th day of July 2020

Hon. Edward B. Moreton, Jr. 

Judge of the Superior Court

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