JOHN TAISIK AN VS YONG BAE PARK ET AL
Case Summary
On 03/08/2017 JOHN TAISIK AN filed a Contract - Other Contract lawsuit against YONG BAE PARK. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is DEIRDRE HILL. The case status is Disposed - Judgment Entered.
Case Details
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Case Number:
****2863
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Filing Date:
03/08/2017
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Case Status:
Disposed - Judgment Entered
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Court:
Los Angeles County Superior Courts
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Courthouse:
Stanley Mosk Courthouse
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County, State:
Los Angeles, California
Judge Details
Presiding Judge
DEIRDRE HILL
Party Details
Plaintiff
AN JOHN TAISIK
Defendants and Respondents
PARK YONG BAE
AN IN KI
Attorney/Law Firm Details
Defendant and Respondent Attorney
PARK KYUNGSOO
Court Documents
1/11/2019: Unknown
4/12/2019: Unknown
4/12/2019: Judgment
4/12/2019: Minute Order
4/12/2019: Proof of Service by Mail
3/8/2017: COMPLAINT FOR DAMAGE: 1. BREACH OF CONTRACT; ETC.
3/17/2017: Unknown
3/17/2017: NOTICE OF CASE MANAGEMENT CONFERENCE
4/10/2017: DEMURRER OF DEFENDANT IN KI AN TO COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
4/10/2017: PROOF OF SERVICE SUMMONS
4/10/2017: REQUEST FOR ENTRY OF DEFAULT
4/10/2017: REQUEST FOR ENTRY OF DEFAULT
4/28/2017: NOTICE OF NON-OPPOSITION TO DEMURRER OF DEFENDANT IN KI AN TO COMPLAINT; DECLARATION OF KYUNGSOO PARK
5/15/2017: NOTICE OF CHANGE OF ADDRESS
5/17/2017: NOTICE OF RULING ON DEMURRER OF DEFENDANT IN KI AN TO COMPLAINT
5/31/2017: Unknown
6/5/2017: REQUEST FOR DISMISSAL
6/19/2017: Minute Order
Docket Entries
- 04/30/2019
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Abstract of Judgment - Civil and Small Claims; Filed by Clerk
- 04/19/2019
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at 08:30 AM in Department 49; (OSC RE Dismissal) - Not Held - Advanced and Vacated
- 04/12/2019
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at 11:00 AM in Department 49; Court Order
- 04/12/2019
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Request for Entry of Default / Judgment; Filed by John Taisik An (Plaintiff)
- 04/12/2019
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Certificate of Mailing for (Minute Order (Court Order) of 04/12/2019); Filed by Clerk
- 04/12/2019
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Minute Order ( (Court Order)); Filed by Clerk
- 04/12/2019
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Request for Entry of Default / Judgment (Request for Default Judgment by Court;); Filed by John Taisik An (Plaintiff)
- 04/12/2019
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Default Judgment; Filed by John Taisik An (Plaintiff)
- 04/12/2019
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Proof of Service by Mail; Filed by John Taisik An (Plaintiff)
- 03/11/2019
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at 08:30 AM in Department 49; (OSC RE Dismissal) - Not Held - Rescheduled by Court
- 04/10/2017
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Request for Entry of Default / Judgment; Filed by Plaintiff
- 04/10/2017
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Proof of Service (not Summons and Complaint); Filed by Plaintiff
- 04/10/2017
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Default Entered
- 03/17/2017
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Notice of Case Management Conference; Filed by Clerk
- 03/17/2017
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NOTICE OF CASE MANAGEMENT CONFERENCE
- 03/17/2017
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OSC-RE Other (Miscellaneous); Filed by Clerk
- 03/17/2017
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ORDER TO SHOW CAUSE HEARING
- 03/08/2017
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SUMMONS
- 03/08/2017
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Complaint; Filed by John Taisik An (Plaintiff)
- 03/08/2017
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COMPLAINT FOR DAMAGE: 1. BREACH OF CONTRACT; ETC.
Tentative Rulings
Case Number: BC652863 Hearing Date: July 13, 2020 Dept: 49
Superior Court of California County of Los Angeles | |||
John Taisik An, |
Plaintiff, |
Case No.
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BC652863 |
v. |
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[Tentative] Ruling
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Yong Bae Park, et al., |
Defendants.
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Hearing Date: July 13, 2020
Department 49, Judge Stuart M. Rice
(1) Defendant Yong Bae Park’s Motion to Set Aside Default and Default Judgment
Moving Party: Defendant Yong Bae Park
Responding Party: Plaintiff John An Taisik
Ruling: The motion to set aside the entry of default and default judgment is denied.
The initial date scheduled for the hearing on this motion was August 20, 2019. On that date, the hearing was continued to October 7, 2019 because plaintiff had not been served with the motion. On October 7, 2019, the hearing was again continued, to January 14, 2020, to provide an opportunity for the substitution of a personal representative for defendant Yong Bae Park who died sometime after the initial hearing date of August 20, 2019. Due to the unavailability of a Korean interpreter on January 14, 2020, this matter was continued to March 12, 2020. Ultimately, the matter was continued to this date. Since October, no filings have been made except for declarations by pro per plaintiff John Taisik An, advocating for the denial of this motion.
A judgment cannot be given for or against a decedent or his or her personal representative until the personal representative has been made a party by substitution. (Grappo v. McMills (2017) 11 Cal.App.5th 996, 1001-1009 see also Code Civ. Proc. § 377.41.) Despite the ample time the court allowed for a personal representative to be substituted in on behalf of deceased defendant Park, no such substitution has occurred. Therefore, Park’s motion to vacate the default and default judgment against him is denied. Plaintiff is ordered to give notice of this ruling.
Date: July 13, 2020
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| Honorable Stuart M. Rice Judge of the Superior Court
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