This case was last updated from Los Angeles County Superior Courts on 08/15/2019 at 10:00:46 (UTC).

MALINZHU JIA VS. QI WANG, ET AL

Case Summary

On 04/19/2018 a Contract - Other Contract case was filed by MALINZHU JIA against QI WANG 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:

    ****8424

  • Filing Date:

    04/19/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

WILLIAM D. STEWART

 

Party Details

Plaintiffs

JIA MALINZHU AN INDIVIDUAL

JIA MALINZHU

Defendants

XU LIN AN INDIVIDUAL

LUO HAO AN INDIVIDUAL

HU JOHN D. AN INDIVIDUAL

WANG QI

LI SHAN AN INDIVIDUAL

HU & ASSOCIATES A CALIFORNIA LIMITED

XU LIN

LUO HAO

 

Court Documents

Legacy Document

5/18/2018: Legacy Document

Legacy Document

6/22/2018: Legacy Document

Legacy Document

6/29/2018: Legacy Document

Minute Order

7/18/2018: Minute Order

Proof of Personal Service

8/20/2018: Proof of Personal Service

Case Management Statement

9/4/2018: Case Management Statement

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

9/7/2018: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Request for Entry of Default / Judgment

11/9/2018: Request for Entry of Default / Judgment

Motion to Quash Service of Summons

11/19/2018: Motion to Quash Service of Summons

Order for Publication

11/30/2018: Order for Publication

Order for Publication

11/30/2018: Order for Publication

Opposition

1/23/2019: Opposition

Request for Entry of Default / Judgment

2/22/2019: Request for Entry of Default / Judgment

Declaration

3/18/2019: Declaration

Substitution of Attorney

4/19/2019: Substitution of Attorney

Notice of Ruling

5/30/2019: Notice of Ruling

Motion to Strike (not anti-SLAPP) - without Demurrer

5/31/2019: Motion to Strike (not anti-SLAPP) - without Demurrer

Minute Order

6/4/2019: Minute Order

62 More Documents Available

 

Docket Entries

  • 09/04/2019
  • Hearingat 08:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference

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  • 06/04/2019
  • Docketat 08:30 AM in Department 40; Court Order - Held

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  • 06/04/2019
  • DocketCertificate of Mailing for (Minute Order (Court Order) of 06/04/2019); Filed by Clerk

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  • 06/04/2019
  • DocketMinute Order ((Court Order) of 06/04/2019); Filed by Clerk

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  • 05/31/2019
  • DocketMotion to Strike (not anti-SLAPP) - without Demurrer; Filed by Qi Wang (Defendant); Lin Xu (Defendant)

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  • 05/31/2019
  • DocketDemurrer - without Motion to Strike; Filed by Qi Wang (Defendant); Lin Xu (Defendant)

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  • 05/30/2019
  • Docketat 08:30 AM in Department A, William D. Stewart, Presiding; Case Management Conference - Held - Continued

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  • 05/30/2019
  • DocketNotice of Ruling; Filed by Malinzhu, Jia (Plaintiff)

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  • 05/30/2019
  • DocketMinute Order ( (Case Management Conference)); Filed by Clerk

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  • 05/20/2019
  • DocketSubstitution of Attorney; Filed by Malinzhu, Jia (Plaintiff)

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85 More Docket Entries
  • 06/19/2018
  • DocketRequest for Entry of Default / Judgment; Filed by Malinzhu, Jia (Plaintiff)

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  • 06/19/2018
  • DocketRequest For Copies

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  • 05/18/2018
  • DocketUnknown Document Type; Filed by Malinzhu, Jia (Plaintiff)

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  • 05/18/2018
  • DocketProof-Service/Summons; Filed by Malinzhu, Jia (Plaintiff)

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  • 05/18/2018
  • DocketProof-Service/Summons; Filed by Malinzhu, Jia (Plaintiff)

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  • 05/18/2018
  • DocketProof-Service/Summons; Filed by Malinzhu, Jia (Plaintiff)

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  • 04/19/2018
  • Docketnotice of order to show cause re failure to comply with trial court delay reduction act

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  • 04/19/2018
  • DocketComplaint filed-Summons Issued; Filed by null

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  • 04/19/2018
  • DocketSummons; Filed by null

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  • 04/19/2018
  • DocketNotice of Case Management Conference

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Tentative Rulings

Case Number: EC068424    Hearing Date: December 18, 2019    Dept: 40

Case Name: Malinzu Jia v. Qi Wang

Case #: EC068424

Hearing Date: 12/28/19 (OSC:re entry of default judgment)

Moving Party: Plaintiff Malinzu Jia

Defaulting Party: Defendants John Hu and Hu & Associates

Total Amount: $691,431.30

BACKGROUND: The actions arise from an EB-5 investment scheme. An EB-5 visa grants a foreign investor residency in the country if they invest a certain amount of money in a business. Plaintiff Malinzu Jia (“Plaintiff”) alleges that in June 2016, Qi Wang and his wife Lin Xu convinced her to invest a million dollars in their company Dom Gallery. In exchange, Plaintiff would receive an EB-5 visa within a year and she would be repaid her $500,000 of her investment within six months.

Plaintiff alleges that Defendant John Hu, a New York attorney, and his firm Hu & Associates recommended that she invest in Dom Gallery. Plaintiff alleges that Hu and Hu & Associates violated their fiduciary duty to her and failed to disclose a conflict of interest.

[X] DEFAULT ENTERED ON: 7/2/18 for Hong Du and Stylish Hardwood. Inc.

[X] MANDATORY JUDICIAL COUNCIL FORM CIV-100 SUBMITTED FOR ENTRY OF

COURT JUDGMENT (CRC 3.1800(a))

[X] SERVICE:

Complaint and Summons

[X] DECLARATION OF MAILING -- Request for Entry of Default to Defendant (CCP § 587)

91801.

[X] NO PENDING MOTION TO VACATE DEFAULT

[X] SUMMARY OF CASE PROVIDED (CRC 3.1800(a)(1)) - or other declaration OK [ ]

[X] EVIDENTIARY DECLARATIONS/OTHER EVIDENCE (CRC 3.1800(a)(2))

[X] RELIEF PRAYED FOR IN COMPLAINT (same as requested in default?): [X] yes[ ] no

[X] Compensatory: $ 500,000.00 (Complaint requests $1 million)

[ ] Damages

Special: $

General: $

[ ] Interest: $ 187,683.33

[X] Costs: $ 3,747.97

[X] Attorney’ Fees: $

Total: $ 691,431.30

[X] INTEREST COMPUTATIONS (CRC 3.1800(a)(3))

[n/a] ATTORNEY FEE DECLARATION -- Request according to Local Rule 3.214 or reason provided why greater fees should be allowed (CRC 3.1800(b))

[ ] Request for atty fees allowed by statute or agreement of parties (CRC

[ ] $960/$1,200 for book account claim (Civil Code § 1717.5)

[X] MEMORANDUM OF COSTS (CRC 3.1800(a)(4))

[n/a] STATEMENT OF DAMAGES (CCP § 425.11):

[ ] PI/Death Case [ ] Punitives demanded [ ] Accounting

[ ] Evidence of net worth of defendant? [ ] Yes [ ] No

[X] DECLARATION OF NON-MILITARY STATUS executed within 6 months?

Date: 11-8-19 (CRC 3.1800(a)(5); Interinsurance Exchange v. Collins (1994) 30 Cal.App.4th 1445, 1447.)

[X] REQUEST FOR DISMISSAL OF DOES (CRC 3.1800(a)(7))

[ ] If not, authority/basis for several judgment (CCP § 579)

[n/a] WAS DEFAULTING DEFENDANT A DOE? (CCP § 474) - must do one of the following:

[ ] Summons notifies defendant that s/he was served under a fictitious name

[ ] Proof of service states that the Doe amendment form was served with the complaint

[ ] Complaint amended to reflect the true defendant’s name & allegations support claim

[n/a.] ORIGINALS Promissory note or other written obligation to pay money must be provided for cancellation by the Clerk per CRC 3.1806

[ ] If no originals, declaration explaining loss/destruction/unavailability of originals

[ ] Proposed order for Court to accept authenticated copy in lieu of original

[X] PROPOSED FORM OF JUDGMENT INCLUDED (CRC 3.1800(a)(6))

RECOMMENDATION: GRANTED

TENTATIVE RULING:

The matter is submitted on declaration pursuant to Code of Civil Procedure section 585(d). The

Court has read and considered the documents submitted in support of entry of default judgment.

Judgment is signed and filed this date.

Default judgment by Court entered for Plaintiff Malinzu Jia against Defendants John Hu and Hu & Associates on the Complaint filed by Plaintiff Malinzu Jia on 12/8/2017 for damages of $500,000.00, for interest of $187,683.33, and costs of $3,747.97, for a total of $691,431.30.