On 12/24/2018 TRIPLETREE GROUP INC , A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against PROSPERITY HOLDINGS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judge overseeing this case is GLORIA WHITE-BROWN. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Pomona Courthouse South
Los Angeles, California
LIN REN CHANG
TRIPLETREE GROUP INC. A CALIFORNIA CORPORATION
CHEN JIA JIA
PROSPERITY HOLDINGS LLC A CALIFORNIA LIMITED LIABILITY COMPANY
DOWNING KIRK G.
1/26/2021: Response - RESPONSE TO MOTION RE DISCOVERY
2/5/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE REOPEN DISCOVERY)
2/5/2021: Order - ORDER TENTATIVE RULING
8/14/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))
3/26/2020: Notice Re: Continuance of Hearing and Order
3/16/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/16/2020
1/17/2020: Minute Order - MINUTE ORDER (POST-MEDIATION STATUS CONFERENCE)
12/18/2019: Minute Order - MINUTE ORDER (HEARING - OTHER MEDIATION)
6/25/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)
5/13/2019: Proof of Service (not Summons and Complaint)
5/14/2019: Substitution of Attorney
5/14/2019: Substitution of Attorney
6/11/2019: Case Management Statement
2/4/2019: Proof of Service by Mail
12/24/2018: Summons - Summons on Complaint
12/24/2018: Civil Case Cover Sheet
Hearing08/30/2021 at 08:30 AM in Department J at 400 Civic Center Plaza, Pomona, CA 91766; Non-Jury TrialRead MoreRead Less
Hearing07/21/2021 at 08:30 AM in Department J at 400 Civic Center Plaza, Pomona, CA 91766; Status ConferenceRead MoreRead Less
Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Status Conference - Held - ContinuedRead MoreRead Less
Docketat 10:00 AM in Department J, Gloria White-Brown, Presiding; Hearing on Motion - Other (Motion to Reopen Discovery) - Not Held - Taken Off Calendar by PartyRead MoreRead Less
Docketat 10:00 AM in Department J, Gloria White-Brown, Presiding; Hearing on Motion for Leave (reopen discovery) - Held - Motion GrantedRead MoreRead Less
DocketOrder (Tentative Ruling); Filed by ClerkRead MoreRead Less
DocketMinute Order ( (Hearing on Motion for Leave reopen discovery)); Filed by ClerkRead MoreRead Less
DocketReply (to Motion re Discovery); Filed by Tripletree Group Inc., a California Corporation (Plaintiff); Ren Chang Lin (Plaintiff)Read MoreRead Less
DocketResponse (to Motion re Discovery); Filed by Prosperity Holdings, LLC, a California Limited Liability Company (Defendant)Read MoreRead Less
DocketMotion for Leave (TO REOPEN DISCOVERY AND FOR SANCTIONS AGAINST DEFENDANTS PROSPERITY HOLDINGS, LLC, JIA JIA CHEN AND THEIR COUNSEL ON RECORD); Filed by Tripletree Group Inc., a California Corporation (Plaintiff); Ren Chang Lin (Plaintiff)Read MoreRead Less
DocketProof of Service (not Summons and Complaint); Filed by Tripletree Group Inc., a California Corporation (Plaintiff); Ren Chang Lin (Plaintiff)Read MoreRead Less
Docketat 08:30 AM in Department J, Gloria White-Brown, Presiding; Non-Appearance Case Review (proof of service) - Not Held - Vacated by CourtRead MoreRead Less
DocketProof of Service by Mail; Filed by Prosperity Holdings, LLC, a California Limited Liability Company (Defendant); Jia Jia Chen (Defendant)Read MoreRead Less
DocketAnswer; Filed by Prosperity Holdings, LLC, a California Limited Liability Company (Defendant); Jia Jia Chen (Defendant)Read MoreRead Less
DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by ClerkRead MoreRead Less
DocketNotice of Case Management Conference; Filed by ClerkRead MoreRead Less
DocketNotice of Case Assignment - Unlimited Civil Case; Filed by ClerkRead MoreRead Less
DocketCivil Case Cover Sheet; Filed by Tripletree Group Inc., a California Corporation (Plaintiff); Ren Chang Lin (Plaintiff)Read MoreRead Less
DocketComplaint; Filed by Tripletree Group Inc., a California Corporation (Plaintiff); Ren Chang Lin (Plaintiff)Read MoreRead Less
DocketSummons (on Complaint); Filed by ClerkRead MoreRead Less
Case Number: 18PSCV00207 Hearing Date: February 05, 2021 Dept: J
HEARING DATE: Friday, February 5, 2021
RE: Tripletree Group Inc., et al. v. Prosperity Holdings, LLC, et al. (18PSCV00207)
Plaintiffs Tripletree Group Inc.’s and Ren Chang Lin’s MOTION FOR LEAVE TO
Responding Party: Defendants, Prosperity Holdings, LLC and Jia Chen
Plaintiffs Tripletree Group Inc.’s and Ren Chang Lin’s Motion for Leave to Reopen
Discovery is GRANTED. Sanctions are declined.
Plaintiffs Tripletree Group Inc. and Ren Chang Lin (collectively, “Plaintiffs”) allege that defendants retained Plaintiffs to provide food services for the China Southern Airlines crew at the crew lounger room of the Millennium Biltmore Los Angeles but failed to pay Plaintiffs fully for the services/goods rendered.
On December 24, 2018, Plaintiffs filed a complaint, asserting causes of action against Prosperity Holdings, LLC (“Prosperity”), Jia Chen (“Chen”) and Does 1-20 for:
Breach of Oral Contract
Breach of Covenant of Good Faith and Fair Dealings
Goods and Services Rendered
Unfair Business Practices
A Status Conference is set for April 5, 2021. Trial is set for May 3, 2021.
“On motion of nay party, the court may grant leave to complete discovery proceedings, or to have a motion concerning discovery heard, closer to the initial trial date, or to reopen discovery after a new trial date has been set. This motion shall be accompanied by a meet and confer declaration under Section 2016.040.” (Code Civ. Proc., § 2024.050, subd. (a).)
“In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter relevant to the lease requested, including, but not limited to, the following: (1) The necessity and the reasons for the discovery. (2) The diligence or lack of diligence of the party seeking the discovery or the hearing of a discovery motion, and the reasons that the discovery was not completed or that the discovery motion was not heard earlier. (3) Any likelihood that permitting the discovery or hearing the discovery motion will prevent the case from going to trial on the date set, or otherwise interfere with the trial calendar, or result in prejudice to any other party. (4) The length of time that has elapsed between any date previously set, and the date presently set, for the trial of the action.” (Code Civ. Proc., § 2024.050, subd. (b).)
“The court shall impose a monetary sanction . . . against any party, person, or attorney who unsuccessfully makes or opposes a motion to extend or to reopen discovery, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (Code Civ. Proc., § 2024.050, subd. (c).)
Plaintiffs move the court for leave to reopen discovery and for sanctions against Prosperity, Chen and their counsel of record, Kirk G. Downing (“Downing”).
Plaintiffs’ counsel Aijun Zhang (“Zhang”) represents as follows: No depositions have been taken in this case. (Zhang Decl., ¶17.) On or about May 25, 2019, Plaintiffs propounded Form Interrogatories, Requests for Admissions and Requests for Production of Documents on Prosperity. (Id., ¶4.) Prosperity provided responses. (Id., ¶6.) On August 27, 2019, Zhang initiated meet and confer efforts on the written discovery. (Id., ¶6, Exh. B.) On or about December 18, 2019, the parties attended mediation; at that time, the mediator stated that he would prepare a settlement proposal or neutral evaluation within a few weeks. (Id., ¶7.) On January 10, 2020, while waiting for the mediator’s settlement proposal, Downing confirmed that Plaintiffs had until January 31, 2020 within which to file any needed motion to compel further responses on the written discovery and suggested “a continuance to late August for the trial” and “to extend the expert disclosure (and other discovery) accordingly.” (Id., ¶8, Exh. C.) Downing agreed to sign a stipulation to continue the trial and related dates. (Id., ¶9, Exh. D.) On or about January 15, 2020, Plaintiffs accepted the mediator’s settlement proposal. (Id., ¶10.) The mediator also notified Zhang that Prosperity and Chen had accepted the settlement proposal. (Id.) Zhang did not prepare the stipulation because she believed the case was settled. (Id.) Trial was set for March 17, 2020, but was vacated during the January 17, 2020 Post-Mediation Status Conference after counsel informed the court that the case had settled. (Id., ¶11.) An OSC re: Dismissal was set for March 17, 2020, but later continued to August 14, 2020 on the court’s own motion. (Id., ¶¶11-12.) The parties ultimately could not work out the language of the settlement and release agreement. (Id., ¶13.) On August 14, 2020, the court set the matter for trial on May 3, 2021. (Id., ¶14.) Counsel met and conferred unsuccessfully about re-opening discovery. (Id., ¶¶15-16, Exhs. E and F.)
The motion is granted. The motion is essentially unopposed, as Prosperity’s and Chen’s response filed January 26, 2021 states that they “take no position in regards to this motion.” All discovery cut-off dates are tethered to the May 3, 2021 trial date.
The court declines Plaintiffs’ request for sanctions.
 Defendants’ “response” filed (and served via mail/email/fax) January 26, 2021 is untimely (due January 25, 2021), but has been considered by the court. The court cautions counsel that any future untimely filings may not be considered.