This case was last updated from Los Angeles County Superior Courts on 06/06/2019 at 10:37:04 (UTC).

JIM GOUDARZI ET AL VS DUK HWAN KIM ET AL

Case Summary

On 12/22/2017 a Contract - Business case was filed by JIM GOUDARZI against DUK HWAN KIM in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8108

  • Filing Date:

    12/22/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Business

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

RANDOLPH M. HAMMOCK

 

Party Details

Plaintiff

GOUDARZI JIM

Petitioner

UNIVERSAL COLLECTION CO.

Defendants and Respondents

KIM DUK HWAN

ADELINE LA INC.

DOES 1 TO 10

CHOI GYU HA

 

Court Documents

PROOF OF SERVICE OF SUMMONS

2/16/2018: PROOF OF SERVICE OF SUMMONS

DECLARATION OF DEMURRING PARTY IN SUPPORT OF AUTOMATIC EXTENSION

3/7/2018: DECLARATION OF DEMURRING PARTY IN SUPPORT OF AUTOMATIC EXTENSION

Unknown

3/7/2018: Unknown

Unknown

4/4/2018: Unknown

NOTICE OF RULING

4/13/2018: NOTICE OF RULING

RULING

5/25/2018: RULING

Minute Order

5/25/2018: Minute Order

NOTICE OF RULING

7/23/2018: NOTICE OF RULING

Minute Order

8/6/2018: Minute Order

NOTICE OF RULING

8/7/2018: NOTICE OF RULING

SUBSTITUTION OF ATTORNEY?CIVIL (WITHOUT COURT ORDER)

8/28/2018: SUBSTITUTION OF ATTORNEY?CIVIL (WITHOUT COURT ORDER)

NOTICE OF MOTION AND MOTION TO SET ASIDE DISMISSAL PURSUANT TO CODE OF CIV1L PROCEDURE 473; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JIM GOUDARZI; [PROPOSED] ORDER

9/10/2018: NOTICE OF MOTION AND MOTION TO SET ASIDE DISMISSAL PURSUANT TO CODE OF CIV1L PROCEDURE 473; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF JIM GOUDARZI; [PROPOSED] ORDER

Minute Order

12/18/2018: Minute Order

Minute Order

2/27/2019: Minute Order

Case Management Statement

4/17/2019: Case Management Statement

Case Management Statement

4/17/2019: Case Management Statement

Minute Order

4/18/2019: Minute Order

SUMMONS

12/22/2017: SUMMONS

21 More Documents Available

 

Docket Entries

  • 04/18/2019
  • at 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Order to Show Cause Re: (Monetary Sanctions against Defendants' counsel for failure to appear for the CMC on 2/27/2019) - Held

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  • 04/18/2019
  • at 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Case Management Conference - Held

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  • 04/18/2019
  • Minute Order ( (Case Management Conference; Order to Show Cause Re: Monetary ...)); Filed by Clerk

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  • 04/18/2019
  • Case Management Order; Filed by Clerk

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  • 04/17/2019
  • Case Management Statement; Filed by Duk Hwan Kim (Defendant); Gyu Ha Choi (Defendant); Adeline LA Inc. (Defendant)

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  • 04/17/2019
  • Case Management Statement; Filed by Jim Goudarzi (Plaintiff); Universal Collection Co. (Plaintiff)

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  • 04/12/2019
  • at 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Hearing on Motion to Disqualify Counsel

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  • 02/27/2019
  • at 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Case Management Conference - Held - Continued

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  • 02/27/2019
  • Minute Order ( (Case Management Conference)); Filed by Clerk

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  • 12/18/2018
  • at 08:31 AM in Department 47, Randolph M. Hammock, Presiding; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) - Held - Motion Granted

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43 More Docket Entries
  • 02/16/2018
  • Proof-Service/Summons; Filed by Jim Goudarzi (Plaintiff)

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  • 02/16/2018
  • PROOF OF SERVICE OF SUMMONS

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  • 02/16/2018
  • PROOF OF SERVICE OF SUMMONS

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  • 01/18/2018
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 01/18/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 12/22/2017
  • SUMMONS

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  • 12/22/2017
  • Complaint; Filed by Jim Goudarzi (Plaintiff); Universal Collection Co. (Plaintiff)

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  • 12/22/2017
  • SUMMONS

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  • 12/22/2017
  • SUMMONS

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  • 12/22/2017
  • COMPLAINT FOR DAMAGES 1. BREACH OF CONTRACT ;ETC

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Tentative Rulings

Case Number: BC688108    Hearing Date: November 26, 2019    Dept: 47

Jim Goudarzi dba Universal Collection Co. v. Duk Hwan Kim, et al.

MOTION FOR AN ORDER DEEMING REQUESTS FOR ADMISSIONS ADMITTED (CCP § 2033.280(b)) AND FOR SANCTIONS AGAINST PLAINTIFF JIM GOUDARZI dba UNIVERSAL COLLECTION CO. IN THE AMOUNT OF $1644.65

MOVING PARTY: Defendant Adeline LA, Inc.

RESPONDING PARTY(S): No opposition on eCourt as of November 21, 2019.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

This is an action for breach of a textile and clothing credit account and continuing personal guaranty thereof. Demurrer was sustained with leave to amend to the breach of contract claim and an unjust enrichment claim, but Plaintiff did not amend the Complaint. The remaining causes of action are open book account; account stated; unfair competition; and a claim for work, labor, and materials.

Defendant Adeline LA, Inc. moves to deem RFAs admitted and for sanctions.

TENTATIVE RULING:

Defendant Adeline LA, Inc.’s motion for an order deeming requests for admission admitted is GRANTED.

Defendant’s request for sanctions is GRANTED in the amount of $769.65 against Plaintiff Jim Goudarzi dba Universal Collection Co. (2 hours @ $350/hr. Plus $69.65 filing fee.) Sanctions are to be paid to Defendant’s counsel within 30 days.

DISCUSSION:

Motion To Deem RFAs Admitted

When a party to whom requests for admission are directed fails to respond, the party propounding the requests may move for an order that the truth of any matters specified in the requests be deemed admitted. (CCP § 2033.280(b).) “The court shall make this order [deeming the requests admitted], unless it finds that the party to whom the request for admissions have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with section 2033.220.[1]” (CCP § 2033.280(c).)

Defendant’s requests for admission (set one) were served by mail on March 11, 2019. (Declaration of Steven J. Barkin ¶ 5 & Exh. A.) Plaintiff’s responses were therefore due by April 15, 2019. Defendant gave Plaintiff extensions through September 30, 2019, but Defendant had not received any responses as of October 2, 2019, when this motion was filed. (Barkin Decl. ¶¶ 7-9.) Nor has Defendant indicated that it received responses after this motion was filed.

Accordingly, if not mooted prior to the hearing as a result of service of code-compliant responses, Defendant’s motion for an order deeming the truth of facts admitted in request for admissions, set one, served on Plaintiff Jim Goudarzi is GRANTED.

Defendant’s request for sanctions, which are mandatory (CCP § 2033.280(c)), is GRANTED in the amount of $769.65 against Plaintiff Jim Goudarzi. (2 hours @ $350/hr. Plus $69.65 filing fee.) Sanctions are to be paid to Defendant’s counsel within 30 days.

Moving party to give notice, unless waived.

IT IS SO ORDERED.

Dated: November 26, 2019 ___________________________________

Randolph M. Hammock

Judge of the Superior Court

Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org


[1] CCP § 2033.220 requires responses to requests for admission to meet the following requirements:

(a) 

(b) 

(1) 

(2) 

(3) 

(c) 

(CCP § 2033.220.)