This case was last updated from Los Angeles County Superior Courts on 06/02/2019 at 05:02:22 (UTC).

LEASE PLAN USA INC VS HTK AUTOMOTIVE USA

Case Summary

On 08/21/2017 LEASE PLAN USA INC filed a Contract - Other Contract lawsuit against HTK AUTOMOTIVE USA. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are OKI, DAN THOMAS and GLORIA WHITE-BROWN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9565

  • Filing Date:

    08/21/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Pomona Courthouse South

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

OKI, DAN THOMAS

GLORIA WHITE-BROWN

 

Party Details

Plaintiffs

LEASE PLAN USA INC

LEASE PLAN USA INC.

Defendant

HTK AUTOMOTIVE USA

Cross Plaintiff

HTK AUTOMOTIVE USA CORPORATION A DELAWARE CORPORATION

Cross Defendant

LEASE PLAN USA INC. A GEORGIA CORPORATION

Attorney/Law Firm Details

Plaintiff Attorneys

ERNEST STEVEN E. LAW OFFICES OF

ERNEST STEVEN EUGENE

 

Court Documents

Summons

8/21/2017: Summons

Civil Case Cover Sheet

8/21/2017: Civil Case Cover Sheet

Unknown

11/30/2017: Unknown

Minute Order

12/4/2017: Minute Order

Cross-Complaint

3/5/2018: Cross-Complaint

Answer

3/5/2018: Answer

Unknown

4/10/2018: Unknown

Objection

7/12/2018: Objection

Reply

7/19/2018: Reply

Minute Order

8/17/2018: Minute Order

Notice

8/27/2018: Notice

Application

9/11/2018: Application

Reply

10/23/2018: Reply

Minute Order

1/23/2019: Minute Order

Supplemental Declaration

2/25/2019: Supplemental Declaration

Motion to Be Relieved as Counsel

3/6/2019: Motion to Be Relieved as Counsel

Unknown

3/29/2019: Unknown

Unknown

5/1/2019: Unknown

89 More Documents Available

 

Docket Entries

  • 05/02/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Case Management Conference - Not Held - Continued - Court's Motion

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  • 05/02/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Hearing on Demurrer - without Motion to Strike - Not Held - Advanced and Vacated

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  • 05/01/2019
  • Proof of Service - Order Granting Attorney's Motion to be Relieved as Counsel; Filed by Ronald Wolfgang Betty (Attorney)

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  • 04/26/2019
  • at 08:30 AM in Department J, Gloria White-Brown, Presiding; Hearing on Motion to be Relieved as Counsel - Held - Motion Granted

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  • 04/26/2019
  • Order Granting Attorney's Motion to Be Relieved as Counsel-Civil; Filed by HTK Automotive USA (Cross-Complainant)

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  • 04/26/2019
  • Minute Order ( (Hearing on Motion to be Relieved as Counsel)); Filed by Clerk

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  • 04/26/2019
  • Order (Tentative Ruling); Filed by Clerk

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  • 04/16/2019
  • Notice (Notice of Entry of Order Striking Defendant HTK Automotive USA, Corporation's Cross-Complaint); Filed by Lease Plan USA, Inc. (Plaintiff)

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  • 04/16/2019
  • Notice (Notice of Ruling on Contempt Application); Filed by Lease Plan USA, Inc. (Plaintiff)

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  • 04/16/2019
  • Notice (Notice of Case Management Conference); Filed by Lease Plan USA, Inc. (Plaintiff)

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129 More Docket Entries
  • 09/05/2017
  • Application ; Filed by Plaintiff

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  • 09/05/2017
  • Application for Writ of Possession (Claim and Delivery); Filed by Lease Plan USA, Inc. A Georgia Corporation (Plaintiff)

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  • 09/05/2017
  • Declaration (of Jeff Dube in support of Application for Writ of Possession); Filed by Lease Plan USA, Inc. A Georgia Corporation (Plaintiff)

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  • 09/05/2017
  • Memorandum of Points & Authorities; Filed by Lease Plan USA, Inc. A Georgia Corporation (Plaintiff)

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  • 09/05/2017
  • Declaration (of Steven e. Ernest re: Venue Pursuant to CCP 2984.4); Filed by Lease Plan USA, Inc. A Georgia Corporation (Plaintiff)

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  • 08/24/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 08/21/2017
  • Civil Case Cover Sheet

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  • 08/21/2017
  • Summons (on Amended Complaint (1st))

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  • 08/21/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 08/21/2017
  • Complaint; Filed by Lease Plan USA, Inc. (Plaintiff)

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Tentative Rulings

Case Number: KC069565    Hearing Date: December 23, 2019    Dept: J

OSC DATE: Monday, December 23, 2019

RE: Lease Plan USA, Inc. v. HTK Automotive USA Corporation (KC069565)

______________________________________________________________________________

 

Plaintiff Lease Plan USA, Inc.’s APPLICATION FOR DEFAULT JUDGMENT

Tentative Ruling

Plaintiff Lease Plan USA, Inc.’s Application for Default Judgment is GRANTED.

Background

Plaintiff Lease Plan USA, Inc. (“Plaintiff”) alleges that Defendant HTK Automotive USA (“Defendant”) made a contract by which Tesla Motors, Inc. agreed to provide to Defendant a 2016 Tesla Model X 75D, VIN #5YJXCBE28GF021332 (“subject vehicle”); in return, Defendant agreed to make lease payments for the subject vehicle to Plaintiff. Plaintiff claims that Defendant defaulted on the contract by failing to make installment payments due. The complaint, filed on August 21, 2017, asserts causes of action for:

1. Possession of Personal Property and Breach of Contract

2. Possession of Personal Property and Breach of Contract

3. Goods Sold and Delivered

4. Book Account

5. Account Stated

On July 25, 2018, the court granted Plaintiff’s application for writ of possession, and ordered a counter-bond of $93,390.07 to be posted. On July 27, 2018, the Order for Writ of Possession after Hearing was filed. On November 19, 2018, Defendant filed a Third Amended Cross-Complaint against Plaintiff and Roes 1-40 for:

  1. Breach of Contract
  2. Breach of the Implied Covenant of Good Faith and Fair Dealing
  3. Promissory Estoppel
  4. Promissory Fraud

On March 29, 2019, the court ordered Defendant’s answer and cross-complaint stricken. On April 16, 2019, Defendant’s default was entered.

A Case Management Conference and Order to Show Cause Re: Failure to Proceed with Default Judgment are set for December 23, 2019.

Discussion

Plaintiff’s Application for Default Judgment is GRANTED.,

ANALYSIS

Yes (4/16/19) Default Entered. (JC Form CIV-100.)

Yes Dismissal of all parties against whom judgment is not sought or an

application for separate judgment against specified parties under CCP

579, supported by a showing of grounds for each judgment. (CRC 3.1800(a)(7).)

Yes Mandatory Judicial Council Form CIV-100. (CRC 3.1800(a).)

Yes Relief sought is within amount of prayer of complaint or statement of damages. (Due Process; Greenup v. Rodman (1986) 42 Cal.3d 822, 824.)

Yes Summary of the case. (CRC 3.1800 (a)(1).)

Yes Declarations in support of the judgment. (CRC 3.1800 (a)(2).)

Yes Attorney fees if supported by contract, statute or law. (CRC 3.1800 (a)(9); Local R. 3.214; open book – CC 1717.5.)

N/A_________ _ Interest computations. (CRC 3.1800 (a)(3); 10% for contracts - Civ. Code 3289.)

Yes Memorandum of costs and disbursements. (CRC 3.1800 (a)(4); JC Form CIV-100 item 7.)

Yes Declaration of nonmilitary status for each defendant. (CRC 3.1800 (a)(5); JC Form CIV-100 item 8.)

Yes Proposed form of judgment. (CRC 3.1800 (a)(6).)

N/A Statement of Damages served (P.I./wrongful death). (JC Form MC-010; CCP 425.11.)

N/A Punitive Damages are supported. Info re Defendant’s financial status. (CCP 425.115)