This case was last updated from Los Angeles County Superior Courts on 06/12/2019 at 17:44:20 (UTC).

HORNG DAW HISEH VS PO KAI JHAN; TSUN HSIEN YEH; ET AL

Case Summary

On 12/21/2017 HORNG DAW HISEH filed a Property - Other Property Fraud lawsuit against PO KAI JHAN TSUN HSIEN YEH. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The Judge overseeing this case is DEIRDRE HILL. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2557

  • Filing Date:

    12/21/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Torrance Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

DEIRDRE HILL

 

Party Details

Plaintiff

HISEH HORNG DAW

Defendants and Cross Defendants

JHAN PO KAI

YEH TSUN HSIEN

DOES 1 THROUGH 100 INCLUSIVE

THE RADER COMPANY INC.

CHEN YAN SI

CHUNG KIN

FAN ZHENG

HULL JEREMY

PAYNE RANCH LLC

Cross Defendants

THE AGAJANIAN FRAMILY TRUST

PAYNE RANCH LLC

AGAJANIAN ART

Attorney/Law Firm Details

Plaintiff Attorney

H. STEPHEN HOSTETLER ESQ.

Defendant Attorneys

LAW OFFICE OF MICHAEL J. HEMMING

LOMBARDI THOMAS ERIBERTO

WEI JIM

SMITH BRIAN THOMAS

 

Court Documents

Complaint

12/21/2017: Complaint

Answer

3/8/2018: Answer

Answer

3/19/2018: Answer

Unknown

3/19/2018: Unknown

Answer

3/19/2018: Answer

Answer

3/19/2018: Answer

Answer

4/5/2018: Answer

Unknown

5/2/2018: Unknown

Other -

5/2/2018: Other -

Other -

5/2/2018: Other -

Proof of Service (not Summons and Complaint)

5/16/2018: Proof of Service (not Summons and Complaint)

Other -

5/16/2018: Other -

Proof of Service (not Summons and Complaint)

5/29/2018: Proof of Service (not Summons and Complaint)

Request for Dismissal

10/25/2018: Request for Dismissal

Notice of Ruling

11/13/2018: Notice of Ruling

Notice of Change of Address or Other Contact Information

3/6/2019: Notice of Change of Address or Other Contact Information

Notice

5/31/2019: Notice

Unknown

5/31/2019: Unknown

65 More Documents Available

 

Docket Entries

  • 06/07/2019
  • at 08:30 AM in Department B, Deirdre Hill, Presiding; Post-Mediation Status Conference

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  • 06/04/2019
  • at 08:30 AM in Department B, Deirdre Hill, Presiding; Hearing on Ex Parte Application (to Have Post Mediation Status Conference Taken Off Calendar) - Held - Motion Granted

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  • 06/04/2019
  • Minute Order ( (Hearing on Ex Parte Application to Have Post Mediation Status...)); Filed by Clerk

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  • 06/04/2019
  • Certificate of Mailing for (Minute Order (Hearing on Ex Parte Application to Have Post Mediation Status...) of 06/04/2019); Filed by Clerk

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  • 05/31/2019
  • Ex Parte Application (of Plaintiff's Counsel to Have Post Mediation Status Conference, Presently set for June 7, 2019, Taken off Calendar); Filed by HORNG DAW HISEH (Plaintiff)

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  • 05/31/2019
  • Declaration in Support of Ex Parte Application; Filed by HORNG DAW HISEH (Plaintiff)

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  • 05/31/2019
  • Notice ( of Ex Parte Application of Plaintiff's Counsel to have Post Mediation Status Conference, Presently set for June 7, 2019, Taken off Calendar); Filed by HORNG DAW HISEH (Plaintiff)

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  • 04/08/2019
  • Request for Dismissal; Filed by HORNG DAW HISEH (Plaintiff)

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  • 03/07/2019
  • at 08:30 AM in Department B, Deirdre Hill, Presiding; Case Management Conference - Held

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  • 03/07/2019
  • Minute Order ( (Case Management Conference)); Filed by Clerk

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91 More Docket Entries
  • 03/19/2018
  • Declaration; Filed by JEREMY HULL (Legacy Party)

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  • 03/19/2018
  • Answer; Filed by TSUN HSIEN YEH (Defendant)

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  • 03/08/2018
  • Answer; Filed by THE RADER COMPANY, INC. (Legacy Party)

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  • 02/21/2018
  • Proof of Service (not Summons and Complaint); Filed by PO KAI JHAN (Defendant); YAN SI CHEN (Defendant)

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  • 02/21/2018
  • Answer; Filed by PO KAI JHAN (Defendant); YAN SI CHEN (Defendant)

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  • 12/22/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 12/21/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 12/21/2017
  • Summons; Filed by HORNG DAW HISEH (Plaintiff)

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  • 12/21/2017
  • Civil Case Cover Sheet; Filed by HORNG DAW HISEH (Plaintiff)

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  • 12/21/2017
  • Complaint; Filed by HORNG DAW HISEH (Plaintiff)

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Tentative Rulings

Case Number: YC072557    Hearing Date: March 03, 2020    Dept: SWB

Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. B

HORNG DAW HISEH,

Plaintiff,

Case No.:

YC072557

vs.

[Tentative] RULING

PO KAI JHAN, et al.,

Defendants.

Hearing Date: March 3, 2020

Moving Parties: Plaintiff Horng Daw Hiseh

Responding Party: None

Motion to Set Aside Court Ordered Dismissal Based on Attorney Mistake

The court considered the moving papers. No opposition was filed.

RULING

The motion is GRANTED. The dismissal entered on January 14, 2020 is set aside and vacated. The court sets a CMC and an order to show cause re proof of service, and/or entry of default, and/or dismissal as to all defendants and cross-defendants for 05-08-2020 at 08:30am

BACKGROUND

On December 21, 2017, plaintiff Horng Daw Hiseh filed a complaint against Po Kai Jhan, Tsun Hsien Yeh, Kin Chung, Yan Si Chen, Zheng Fan, Jeremy Hull, and The Rader Company, Inc. for rescission of contract, civil conspiracy, fraud, misrepresentation, and negligence.

On December 3, 2018, plaintiff filed a FAC.

On August 23, 2019, the court granted plaintiff’s counsel’s motion to be relieved as counsel.

On September 11, 2019, plaintiff filed a substitution of attorney.

On November 22, 2019, plaintiff filed a notice of partial settlement as to defendants Tsun Yeh, Kin Chung, and Zxheng Fan.

On November 13, 2019, the court set an OSC re dismissal for January 14, 2020.

On January 14, 2020, there was no appearance by plaintiffs’ counsel. The minute order states that the court finds no good cause shown why the case should not be dismissed pursuant to settlement and for failure to file proof of service as to un-served defendants/cross-defendants, failure to appear, and failure to engage in settlement conference. The court ordered any party not already dismissed, dismissed as of that date.

LEGAL AUTHORITY

CCP §473(b) states, in relevant part: “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a . . . dismissal . . . taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief . . . shall be made within a reasonable time, in no case exceeding six months, after the . . . dismissal . . . . was taken. . . . Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. . . .”

DISCUSSION

Pursuant to CCP §473(b), plaintiff Horng Daw Hiseh requestS that the court set aside the dismissal entered on January 14, 2020 because of counsel’s mistake, inadvertence, surprise, and/or neglect.

According to plaintiff’s counsel’s declaration, he recalls that on November 16, 2019, he received the court’s minute order re order to show cause hearing scheduled for January 14, 2020. When he received the letter, he did not calendar it; rather, he gave it to his associate, thinking that he would calendar it. After the case was dismissed, counsel’s associate indicated that he had not calendared it, thinking that counsel had calendared it. Counsel states that due to the fact that they had both failed to calendar the hearing, neither of them appeared.

The court finds that plaintiff has met his burden of showing that the dismissal was caused by his attorney’s mistake, inadvertence, surprise, and/or excusable neglect.

The motion is therefore GRANTED pursuant to CCP §473(b).

Plaintiff is ordered to give notice.