Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 06/14/2019 at 08:13:30 (UTC).

HONG SOO JUN VS. JUAN J BERGANZA

Case Summary

On 01/20/2017 HONG SOO JUN filed a Contract - Other Contract lawsuit against JUAN J BERGANZA. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is MELVIN D. SANDVIG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7530

  • Filing Date:

    01/20/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Chatsworth Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MELVIN D. SANDVIG

 

Party Details

Plaintiffs

JUN HONG SOO AN INDIVIDUAL

JUN HONG

Defendants

BERGANZA JUAN J AN INDIVIDUAL

BERGANZA JUAN

SETH M. FRIEDMAN ESQ.

Attorney/Law Firm Details

Plaintiff Attorney

LAW OFFICES OF SARAH JUN APLC

 

Court Documents

Unknown

1/20/2017: Unknown

Summons

1/20/2017: Summons

Unknown

1/20/2017: Unknown

Unknown

2/22/2017: Unknown

Minute Order

6/19/2017: Minute Order

Case Management Statement

6/19/2017: Case Management Statement

Unknown

11/16/2017: Unknown

Proof of Service (not Summons and Complaint)

11/16/2017: Proof of Service (not Summons and Complaint)

Unknown

11/16/2017: Unknown

Unknown

11/16/2017: Unknown

Minute Order

12/12/2017: Minute Order

Proof of Service (not Summons and Complaint)

2/9/2018: Proof of Service (not Summons and Complaint)

Notice of Ruling

6/1/2018: Notice of Ruling

Notice

10/16/2018: Notice

Request

10/17/2018: Request

Notice

3/7/2019: Notice

Request

3/15/2019: Request

Notice

5/30/2019: Notice

17 More Documents Available

 

Docket Entries

  • 05/30/2019
  • Notice (of Termination or Modification of Stay); Filed by HONG JUN (Plaintiff)

    Read MoreRead Less
  • 03/29/2019
  • at 08:32 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

    Read MoreRead Less
  • 03/29/2019
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Trial Setting Conference - Not Held - Rescheduled by Party

    Read MoreRead Less
  • 03/15/2019
  • Request (for Off Calendar of March 29, 2019 Trial Settling Conference Or Alternatively Continuance Thereof); Filed by HONG JUN (Plaintiff)

    Read MoreRead Less
  • 03/07/2019
  • Notice (of Continuance of Hearing Date Re: Plaintiff's Motion for Summary Judgment); Filed by HONG JUN (Plaintiff)

    Read MoreRead Less
  • 10/31/2018
  • at 08:32 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

    Read MoreRead Less
  • 10/31/2018
  • at 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Trial Setting Conference - Not Held - Continued - Party's Motion

    Read MoreRead Less
  • 10/17/2018
  • Request (FOR OFF CALENDAR OF 10/31/18 TRIAL SETTING CONFERENCE)

    Read MoreRead Less
  • 10/16/2018
  • Notice (OF HEARING DATE RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT); Filed by HONG JUN (Plaintiff)

    Read MoreRead Less
  • 06/01/2018
  • Notice of Ruling; Filed by HONG JUN (Plaintiff)

    Read MoreRead Less
17 More Docket Entries
  • 06/19/2017
  • Case Management Statement; Filed by JUAN BERGANZA (Defendant); ESQ. SETH M. FRIEDMAN (Legacy Party)

    Read MoreRead Less
  • 06/19/2017
  • Minute order entered: 2017-06-19 00:00:00; Filed by Clerk

    Read MoreRead Less
  • 06/05/2017
  • Case Management Statement; Filed by HONG JUN (Plaintiff)

    Read MoreRead Less
  • 02/22/2017
  • Answer; Filed by JUAN BERGANZA (Defendant); ESQ. SETH M. FRIEDMAN (Legacy Party)

    Read MoreRead Less
  • 02/22/2017
  • Proof of Service (not Summons and Complaint); Filed by HONG JUN (Plaintiff)

    Read MoreRead Less
  • 02/22/2017
  • Declaration; Filed by HONG JUN (Plaintiff)

    Read MoreRead Less
  • 01/20/2017
  • Civil Case Cover Sheet; Filed by HONG JUN (Plaintiff)

    Read MoreRead Less
  • 01/20/2017
  • Notice of Case Assignment - Unlimited Civil Case (and Notice of Case Management Conference); Filed by Clerk

    Read MoreRead Less
  • 01/20/2017
  • Summons; Filed by null

    Read MoreRead Less
  • 01/20/2017
  • Complaint filed-Summons Issued; Filed by null

    Read MoreRead Less

Tentative Rulings

Case Number: PC057530    Hearing Date: September 01, 2020    Dept: F47

Dept. F-47

Date: 9/1/20

Case #PC057530

SUMMARY JUDGMENT

Motion filed on 11/16/17.

MOVING PARTY: Plaintiff Hong Soo Jun

RESPONDING PARTY: Defendant Juan J. Berganza

NOTICE: ok

RELIEF REQUESTED: An order granting summary judgment in favor of Plaintiff and against Defendant.*

*On 8/24/20, Plaintiff filed a Request for Dismissal without prejudice of the 2nd cause of action for Money Lent which was entered the same day.

RULING: The unopposed motion is granted. 

This action arises out of Defendant Juan J. Berganza’s breach of a Purchase & Sale Agreement signed by Berganza and Plaintiff Hong Soo Jun on 3/5/12.  (Separate Statement of Undisputed Facts (SSUF) 1).  Pursuant to the agreement, Defendant agreed to pay Plaintiff $60,000.00 for 2 trucks, 2 trailers and 2 reefers (the equipment) and Plaintiff allowed Defendant to take/keep possession of the equipment.  (SSUF 2, 3).  The purchase price was to be paid by 30 monthly installments of $2,000.00 beginning on 4/1/12 and ending on 9/1/14.  (SSUF 4).  Defendant stopped paying and has not made a payment since 9/1/12.  (SSUF 5).  Plaintiff filed this action on 1/20/17. 

Since a breach of written contract claim is governed by a 4 year statute of limitations, Plaintiff only seeks to recover payments due within 4 years of the filing of the action (i.e., payments due from 2/1/13 through 9/1/14 which total $40,000.00.  (SSUF 6); CCP 337(a).  Additionally, pursuant to the terms of the agreement, Defendant agreed to pay 10% of any and all unpaid monthly payment, if the monthly payment is not made within 10 days of the due date.  (SSUF 7).  Therefore, $28,833.33, 10% per year of all unpaid monthly payments commencing 2/1/13 until 11/1/17, should be added to the damages of $40,000.00.  (SSUF 8).  The agreement also provides that the prevailing party is entitled to recover attorneys’ fees.  (SSUF 9).

Based on the foregoing, Plaintiff has established the elements of the breach of contract claim: (1) the existence of a contract between the parties; (2) Plaintiff’s performance under the contract; (3) Defendant’s breach; and (4) damages suffered by Plaintiff as a result.  See Richman (2014) 224 CA4th 1182, 1186; Acoustic, Inc. (1971) 14 CA3d 887, 913.  Defendant has failed to offer any evidence in opposition to the motion.  As such, Defendant has not shown that a triable issue of material fact exists as to the cause of action or a defense thereto and Plaintiff is entitled to judgment in Plaintiff’s favor in the amount of $68,833.33.  CCP 437c(p)(1).

Plaintiff may make a motion to recover Plaintiff’s reasonable attorneys’ fees pursuant to the agreement.