This case was last updated from Los Angeles County Superior Courts on 05/30/2019 at 00:05:02 (UTC).

FUNDATION GROUP LLC VS YKANG INC

Case Summary

On 06/01/2018 a Contract - Debt Collection case was filed by FUNDATION GROUP LLC against YKANG INC in the jurisdiction of Los Angeles County Superior Courts, Norwalk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7188

  • Filing Date:

    06/01/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Norwalk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

MARGARET MILLER BERNAL

 

Party Details

Plaintiff

FUNDATION GROUP LLC

Defendants

YANGKYU KANG

YKANG INC

KANG YANGKYU

 

Court Documents

Minute Order

5/28/2019: Minute Order

Application

5/28/2019: Application

Unknown

8/28/2018: Unknown

Summons

6/1/2018: Summons

Civil Case Cover Sheet

6/1/2018: Civil Case Cover Sheet

Proof of Service of Summons and Complaint

7/24/2018: Proof of Service of Summons and Complaint

Unknown

7/24/2018: Unknown

Proof of Service of Summons and Complaint

7/24/2018: Proof of Service of Summons and Complaint

Notice of Case Management Conference

6/1/2018: Notice of Case Management Conference

Unknown

7/24/2018: Unknown

Unknown

8/27/2018: Unknown

Request

11/19/2018: Request

Unknown

11/19/2018: Unknown

Declaration

11/19/2018: Declaration

Declaration

11/19/2018: Declaration

Minute Order

12/19/2018: Minute Order

Request

8/23/2018: Request

Proof of Service of Summons and Complaint

8/28/2018: Proof of Service of Summons and Complaint

10 More Documents Available

 

Docket Entries

  • 05/28/2019
  • at 08:30 AM in Department F, Margaret Miller Bernal, Presiding; Non-Appearance Case Review (ReBankruptcy) - Held

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  • 05/28/2019
  • Application ( to Set Aside Judgment); Filed by FUNDATION GROUP LLC (Plaintiff)

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  • 05/28/2019
  • Minute Order ( (Non-Appearance Case Review Re: Bankruptcy)); Filed by Clerk

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  • 12/19/2018
  • at 1:30 PM in Department F, Margaret Miller Bernal, Presiding; Case Management Conference - Not Held - Taken Off Calendar by Court

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  • 12/19/2018
  • Minute Order ((Case Management Conference)); Filed by Clerk

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  • 11/27/2018
  • Notice of Stay of Proceedings (Bankruptcy); Filed by FUNDATION GROUP LLC (Plaintiff)

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  • 11/19/2018
  • Request (for Court Judgment); Filed by FUNDATION GROUP LLC (Plaintiff)

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  • 11/19/2018
  • Declaration (of Laura D'Anna Re: Accrued Interest); Filed by FUNDATION GROUP LLC (Plaintiff)

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  • 11/19/2018
  • Declaration (of Angela Cook Re: Use of Copy of Contract in Place of Original and Order); Filed by FUNDATION GROUP LLC (Plaintiff)

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  • 11/19/2018
  • Declaration (of Angela Cook in Support of Entry of Default Judgment); Filed by FUNDATION GROUP LLC (Plaintiff)

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11 More Docket Entries
  • 07/24/2018
  • Proof of Service of Summons and Complaint

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  • 07/24/2018
  • Rtn of Service of Summons & Compl; Filed by FUNDATION GROUP LLC (Plaintiff)

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  • 07/24/2018
  • Rtn of Service of Summons & Compl (SUBSTITUTUED SERVICE AS TO YKANG INC. ); Filed by Attorney for Plaintiff

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  • 06/01/2018
  • Summons; Filed by Plaintiff

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  • 06/01/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 06/01/2018
  • Summons Filed; Filed by Attorney for Plaintiff

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  • 06/01/2018
  • Complaint filed-Summons Issued

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  • 06/01/2018
  • Civil Case Cover Sheet; Filed by FUNDATION GROUP LLC (Plaintiff)

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  • 06/01/2018
  • Notice-Case Management Conference; Filed by Clerk

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  • 06/01/2018
  • Complaint filed-Summons Issued; Filed by Attorney for Plaintiff

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Tentative Rulings

Case Number: VC067188    Hearing Date: December 26, 2019    Dept: SEC

FUNDATION GROUP LLC v. YKANG INC.

CASE NO.: VC067188

HEARING: 12/26/19

JUDGE MARGARET M. BERNAL

#7

TENTATIVE ORDER

Plaintiff’s unopposed Motion to Vacate Default Judgment against Defendant YANGKYU KANG is GRANTED. This action is dismissed without prejudice as to Defendant YANGKYU KANG. CCP § 473(d).

Moving Party to give notice.

No Opposition filed as of December 20, 2019.

Plaintiff argues that a default judgment was inadvertently obtained against Defendant KANG on November 19, 2018. Plaintiff was apparently unaware that KANG had filed for Chapter 7 bankruptcy on November 16, 2018.

“After a petition for bankruptcy is filed, there is an automatic stay of all legal proceedings against the debtor. [Cite.] As a matter of law, any action in violation of the stay is void.” (Rosh v. Cave Imaging Systems, Inc. (1994) 26 Cal.App.4th 1225.) Under CCP § 473(d), “[t]he court…may, on motion of either party after notice to the other party, set aside any void judgment or order.” (Id.)

Plaintiff’s Motion is granted. The Court finds that the default judgment entered against Defendant KANG is without any legal effect because this action was supposed to have been stayed as to KANG at the time the judgment was entered.