This case was last updated from Los Angeles County Superior Courts on 07/28/2022 at 14:55:29 (UTC).

JONG JAE IM VS JESS ENRIQUEZ ET AL

Case Summary

On 10/20/2017 JONG JAE IM filed an Other lawsuit against JESS ENRIQUEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are BRUCE G. IWASAKI, DAVID J. COWAN and JOHN P. DOYLE. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0592

  • Filing Date:

    10/20/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

BRUCE G. IWASAKI

DAVID J. COWAN

JOHN P. DOYLE

 

Party Details

Cross Defendant and Plaintiff

IM HONG JAE

Cross Defendants, Cross Plaintiffs and Defendants

ENRIQUEZ JESS

PRESTIGE DEFAULT SERVICES INCORPORATION

SHIN EUNY

WINDOW ROCK INVESTMENT OPERATIONS

SYNERGY INVESTMENT PARTNERS LLC

MARTINEZ ANDRES

CENTER STREET LENDING FUND IV SPE LLC

PRESTIGE DEFAULT SERVICES INC

WINDOW ROCK INVESTMENT OPERATIONS LLC

PRESTIGE DEFAULT SERVICES

ENRIQUEZ PATRICIA

TRILOGY ESCROW INC.

A PLUS MAJESTIC INC A CALIFORNIA CORPORATION

IM HONG JAE

Not Classified By Court and Cross Defendants

TRILOGY ESCROW INC.

COMMONWEALTH LAND TITLE INSURANCE COMPANY

REIMANN KIRK

8 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorney

HAM YOON OH ESQ.

Defendant Attorneys

CHAPPARS MIKE

GHIDOTTI MICHELLE RENE ESQ.

MANNING MARIA

VIJAYRAGHAVAN VASU

Cross Plaintiff Attorney

WILLIAMS SHANNON CAROL

Cross Defendant Attorney

THAKUR PAMELA TAHIM

Not Classified By Court Attorneys

KERN ROBERT LAURENCE

VEIGUELA PETER J.

 

Court Documents

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

6/24/2019: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

Notice of Ruling

6/28/2019: Notice of Ruling

Amended Complaint - AMENDED COMPLAINT 2ND AMENDED CROSS-COMPLAINT

7/18/2019: Amended Complaint - AMENDED COMPLAINT 2ND AMENDED CROSS-COMPLAINT

Notice - NOTICE OF ALL PURPOSE STATUS CONFERENCE AND MEDIATION STATUS CONFERENCE

7/25/2019: Notice - NOTICE OF ALL PURPOSE STATUS CONFERENCE AND MEDIATION STATUS CONFERENCE

Minute Order - MINUTE ORDER (STATUS CONFERENCE (ALL-PURPOSE); CONFERENCE RE: MEDIATION SET...)

7/25/2019: Minute Order - MINUTE ORDER (STATUS CONFERENCE (ALL-PURPOSE); CONFERENCE RE: MEDIATION SET...)

Substitution of Attorney

8/14/2019: Substitution of Attorney

Substitution of Attorney

8/14/2019: Substitution of Attorney

Joinder - JOINDER BY DEFENDANT WINDOW ROCK INVESTMENT OPERATIONSTO OPPOSITION TO CROSS-DEFENDANTS ANDRES MARTINEZ AND SYNERGY INVESTMENT PARTNERS' EX PARTE APPLICATION FOR MOTION FOR JUDGMENT ON THE P

8/16/2019: Joinder - JOINDER BY DEFENDANT WINDOW ROCK INVESTMENT OPERATIONSTO OPPOSITION TO CROSS-DEFENDANTS ANDRES MARTINEZ AND SYNERGY INVESTMENT PARTNERS' EX PARTE APPLICATION FOR MOTION FOR JUDGMENT ON THE P

Opposition - OPPOSITION TO CROSS-DEFENDANTS ANDRES MARTINEZ AND SYNERGY INVESTMENT PARTNERS' EX PARTE APPLICATION FOR MOTION FOR JUDGMENT ON THE PLEADINGS

8/16/2019: Opposition - OPPOSITION TO CROSS-DEFENDANTS ANDRES MARTINEZ AND SYNERGY INVESTMENT PARTNERS' EX PARTE APPLICATION FOR MOTION FOR JUDGMENT ON THE PLEADINGS

Minute Order - MINUTE ORDER (STATUS CONFERENCE (ALL-PURPOSE); CONFERENCE RE: MEDIATION SET...)

8/19/2019: Minute Order - MINUTE ORDER (STATUS CONFERENCE (ALL-PURPOSE); CONFERENCE RE: MEDIATION SET...)

Declaration - DECLARATION OF PAMELA TAHIM THAKUR RE: MEET AND CONFER

8/19/2019: Declaration - DECLARATION OF PAMELA TAHIM THAKUR RE: MEET AND CONFER

Demurrer - without Motion to Strike

8/19/2019: Demurrer - without Motion to Strike

Notice - NOTICE OF ALL PURPOSE STATUS CONFERENCE AND MOTION TO SET HEARING DATE

8/21/2019: Notice - NOTICE OF ALL PURPOSE STATUS CONFERENCE AND MOTION TO SET HEARING DATE

Notice of Related Case

9/4/2019: Notice of Related Case

Opposition - OPPOSITION CROSS-COMPLAINANTS CENTER STREET LENDING FUND IV SPE, LLC AND PRESTIGE DEFAULT SERVICES OPPOSITION TO CROSS-DEFENDANT TRILOGY ESCROW, INC.S DEMURRER TO SECOND AMENDED CROSS-C

9/25/2019: Opposition - OPPOSITION CROSS-COMPLAINANTS CENTER STREET LENDING FUND IV SPE, LLC AND PRESTIGE DEFAULT SERVICES OPPOSITION TO CROSS-DEFENDANT TRILOGY ESCROW, INC.S DEMURRER TO SECOND AMENDED CROSS-C

Opposition - OPPOSITION CROSS-COMPLAINANTS CENTER STREET LENDING FUND IV SPE, LLC AND PRESTIGE DEFAULT SERVICES OPPOSITION TO MOTION TO VACATE DEFAULT BY CROSS-DEFENDANTS ANDRES MARTINEZ AND SYNERGY

10/1/2019: Opposition - OPPOSITION CROSS-COMPLAINANTS CENTER STREET LENDING FUND IV SPE, LLC AND PRESTIGE DEFAULT SERVICES OPPOSITION TO MOTION TO VACATE DEFAULT BY CROSS-DEFENDANTS ANDRES MARTINEZ AND SYNERGY

Reply - REPLY CROSS-DEFENDANT TRILOGY ESCROW, INC.S REPLY TO OPPOSITION TO DEMURRER TO SECOND AMENDED CROSS- COMPLAINT

10/1/2019: Reply - REPLY CROSS-DEFENDANT TRILOGY ESCROW, INC.S REPLY TO OPPOSITION TO DEMURRER TO SECOND AMENDED CROSS- COMPLAINT

Minute Order - MINUTE ORDER (STATUS CONFERENCE (ALL-PURPOSE); HEARING ON EX PARTE APPLICAT...)

10/3/2019: Minute Order - MINUTE ORDER (STATUS CONFERENCE (ALL-PURPOSE); HEARING ON EX PARTE APPLICAT...)

183 More Documents Available

 

Docket Entries

  • 08/08/2022
  • Hearing08/08/2022 at 09:00 AM in Department 58 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference

    [+] Read More [-] Read Less
  • 06/29/2022
  • Docketat 09:00 AM in Department 58, Bruce G. Iwasaki, Presiding; Trial Readiness Conference - Held

    [+] Read More [-] Read Less
  • 06/29/2022
  • DocketMinute Order ( (Trial Readiness Conference)); Filed by Clerk

    [+] Read More [-] Read Less
  • 06/29/2022
  • DocketOrder - Dismissal; Filed by Court

    [+] Read More [-] Read Less
  • 04/18/2022
  • Docketat 09:15 AM in Department 58, Bruce G. Iwasaki, Presiding; Trial Setting Conference (/ Trial Readiness Conference) - Held

    [+] Read More [-] Read Less
  • 04/18/2022
  • DocketMinute Order ( (Trial Setting Conference / Trial Readiness Conference)); Filed by Clerk

    [+] Read More [-] Read Less
  • 04/11/2022
  • Docketat 1:43 PM in Department 1, David J. Cowan, Presiding; Court Order

    [+] Read More [-] Read Less
  • 04/11/2022
  • DocketMinute Order ( (Court Order on Notice of Related Cases: Hong Jae Im v. Jess E...)); Filed by Clerk

    [+] Read More [-] Read Less
  • 03/07/2022
  • DocketNotice of Related Case; Filed by Commonwealth Land Title Insurance Company (Non-Party)

    [+] Read More [-] Read Less
  • 03/02/2022
  • DocketNotice of Related Case; Filed by Kirk Reimann (Non-Party)

    [+] Read More [-] Read Less
291 More Docket Entries
  • 10/24/2017
  • DocketProof-Service/Summons; Filed by Plaintiff/Petitioner

    [+] Read More [-] Read Less
  • 10/24/2017
  • DocketPROOF OF SERVICE OF SUMMONS

    [+] Read More [-] Read Less
  • 10/23/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

    [+] Read More [-] Read Less
  • 10/23/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

    [+] Read More [-] Read Less
  • 10/23/2017
  • DocketORDER TO SHOW CAUSE HEARING

    [+] Read More [-] Read Less
  • 10/23/2017
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

    [+] Read More [-] Read Less
  • 10/20/2017
  • DocketSUMMONS

    [+] Read More [-] Read Less
  • 10/20/2017
  • DocketCOMPLAINT

    [+] Read More [-] Read Less
  • 10/20/2017
  • DocketComplaint; Filed by JESS ENRIQUEZ (Defendant); HONG JAE IM (Plaintiff)

    [+] Read More [-] Read Less
  • 01/26/2017
  • DocketDeclaration; Filed by HONG JAE IM (Plaintiff)

    [+] Read More [-] Read Less

Tentative Rulings

Case Number: ****0592    Hearing Date: April 9, 2021    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: April 9, 2021

Case Name: Im v. Enriquez, et al.

Case No.: ****0592

Matter: Motion to Set Aside Default Judgment

Moving Party: Defendant Jess Enriquez

Responding Party: Unopposed


Tentative Ruling: The Motion is granted.


On November 30, 2020, the Court struck Defendant Jess Enriquez’s Answer and entered a default because Defendant failed to appear at an OSC re: “Strike Answer of Jess Enriquez for Failure to Appear.” That same day, the Court entered a default judgment against Defendant in the amount of $402,916.80 plus $25,000 in attorneys’ fees.

Defendant Jess Enriquez now seeks to set aside his default and default judgment under the discretionary and mandatory provisions of Code Civ. Proc. ; 473(b). Defendant provides as follows,

5. . . . the relationship with my counsel failed, and my attorney filed a motion to end his representation in this matter.

6. The Court Granted Mr. Marshall’s Motion to be Relieved as Counsel on 11/5/2020.

7. The next day, 11/6/2020, Notice of a Second OSC RE Striking my Answer for failure to appear was noticed and scheduled for 11/30/2020. I failed to appear at this hearing, and my answer was stricken and my default was entered.

8. I am not experienced in legal matters, and I did not know what to do to defend myself in this case.

9. When I was abandoned by my attorney (in this case and two other matters at the same time), I was overwhelmed and intimidated by the responsibility, by my lack of knowledge on what to do, and the stress of the cases.

(Enriquez Decl. ¶¶ 5-9.)

An attorney affidavit of fault was not provided such that mandatory relief under Code Civ. Proc. ; 473(b) is inapplicable.

Rather, at issue is the discretionary provision of Code Civ. Proc. ; 473(b) which provides, “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding 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 judgment, dismissal, order, or proceeding was taken.” The statute is liberally construed in order to give effect to the policy favoring resolution of disputes on their merits. (Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410.) To be entitled to relief under the statute, the moving party must demonstrate a satisfactory excuse for his or her default, as well as diligence in seeking relief after discovery of the default. Whether the moving party has carried this burden is a question to be resolved in the discretion of the trial court. (Ibid.)

For relief to be warranted, any mistake must be something other than professional incompetence or ignorance of the law. (Hearn v. Howard (2009) 177 Cal.App.4th 1193, 1206.) The term “surprise” refers to “some condition or situation in which a party is unexpectedly placed to his injury, without any default or negligence of his own, which ordinary prudence could not have guarded against.” (Ibid., internal quotations omitted.) Similarly, to be excusable, a litigant’s inadvertence or neglect must have been “such as might have been the act of a reasonably prudent person under the same circumstances.” (Ibid.)

The Court finds Defendant’s failure to retain new counsel and appear at the November 30, 2020, OSC to be excusable neglect. (Code Civ. Proc. ; 473(b).) Thus, the Motion is granted.



Case Number: ****0592    Hearing Date: November 05, 2020    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: November 5, 2020

Case Name: Im v. Enriquez, et al.

Case No.: ****0592

Matter: Motion to be Relieved as Counsel

Moving Party: Wayne S. Marshall, counsel for Defendant Jess Enriquez

Responding Party: Unopposed


Tentative Ruling: The Motion to be Relieved as Counsel is granted.


Wayne S. Marshall seeks to be relieved as counsel for Defendant Jess Enriquez. The Motion is granted because it meets all requirements of Cal. Rules of Court, rule 3.1362.



Case Number: ****0592    Hearing Date: October 02, 2020    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: October 2, 2020

Case Name: Im v. Enriquez, et al.

Case No.: ****0592

Matter: Motion to be Relieved as Counsel

Moving Party: Wayne S. Marshall, counsel for Defendant Jess Enriquez

Responding Party: Unopposed


Tentative Ruling: The Motion to be Relieved as Counsel is granted.


Wayne S. Marshall seeks to be relieved as counsel for Defendant Jess Enriquez. The Motion is granted because it meets all requirements of Cal. Rules of Court, rule 3.1362.



related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where WINDOW ROCK INVESTMENT OPERATIONS LLC A LIMITED LIABILITY COMPANY is a litigant

Latest cases where TRILOGY ESCROW, INC is a litigant

Latest cases where Center Street Lending Fund IV SPE LLC is a litigant

Latest cases where PRESTIGE DEFAULT SERVICES is a litigant