This case was last updated from Los Angeles County Superior Courts on 10/18/2020 at 07:58:51 (UTC).

TU THI VO ET AL VS MIGHTY U S A INC

Case Summary

On 05/31/2018 TU THI VO filed a Personal Injury - Other Product Liability lawsuit against MIGHTY U S A INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are CHRISTOPHER K. LUI and DANIEL M. CROWLEY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8289

  • Filing Date:

    05/31/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

CHRISTOPHER K. LUI

DANIEL M. CROWLEY

 

Party Details

Plaintiffs, Petitioners and Guardian Ad Litems

CAO ANH HONG

VO TU THI

Claimant and Not Classified By Court

PREFERRED EMPLOYERS INSURANCE COMPANY

Defendants and Respondents

DOES 1 TO 20

MIGHTY U.S.A. INC.

THE MACHINE GROUP INC.

ACROMIL CORPORATION A CALIFORNIA CORPORATION

MIGHTY ENTERPRISES INC.

Defendant and Cross Plaintiff

MIGHTY ENTERPRISES INC.

Defendants and Cross Defendants

THE MACHINE GROUP INC.

ACROMIL CORPORATION A CALIFORNIA CORPORATION

AERO PACIFIC CORPORATION DBA AERO PACIFIC MANUFACTURING

SHE HONG INDUSTRIAL CO. LTD A TAIWAN COMPANY

CNC MANUFACTURING A CALIFORNIA CORPORATION

ALL AMERICAN MACHINING & ROBOTICS

Minor

CAO TONY TAI

Attorney/Law Firm Details

Minor, Plaintiff and Petitioner Attorney

LACK WALTER J. ESQ.

Claimant Attorney

FARMER JOHN T.

Defendant and Cross Plaintiff Attorneys

LUNDY ALBRO L.

ROGSON YUVAL MORDECHAI

LEW BILL W.

 

Court Documents

Minute Order - MINUTE ORDER (DEFENDANT MIGHTY ENTERPIRSES, INC. DBA MIGHTY U.S. A., INC.'S...)

9/29/2020: Minute Order - MINUTE ORDER (DEFENDANT MIGHTY ENTERPIRSES, INC. DBA MIGHTY U.S. A., INC.'S...)

Request for Dismissal

8/4/2020: Request for Dismissal

Proof of Service by Substituted Service

7/23/2020: Proof of Service by Substituted Service

Notice - NOTICE NOTICE OF REPRESENTATION

5/15/2020: Notice - NOTICE NOTICE OF REPRESENTATION

Summons - SUMMONS ON COMPLAINT (1ST)

5/20/2020: Summons - SUMMONS ON COMPLAINT (1ST)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/16/2020

4/16/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 04/16/2020

Minute Order - MINUTE ORDER (COURT ORDER)

4/16/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Notice - NOTICE OF VACATED TRIAL DATES AND NOTICE OF TRIAL SETTING CONFERENCE

4/23/2020: Notice - NOTICE OF VACATED TRIAL DATES AND NOTICE OF TRIAL SETTING CONFERENCE

Minute Order - MINUTE ORDER (MOTION OF SCOTT L. BAKER AND YUVAL M. ROGSON, BAKER & ASSOCIA...)

2/19/2020: Minute Order - MINUTE ORDER (MOTION OF SCOTT L. BAKER AND YUVAL M. ROGSON, BAKER & ASSOCIA...)

Notice of Lien

2/20/2020: Notice of Lien

Notice of Ruling - NOTICE OF RULING ON EX PARTE APPLICATION FOR AN ORDER PERMITTING SCOTT BAKER AND YUVAL ROGSON OF BAKER & ASSOCIATES TO WITHDRAW AS COUNSEL

1/30/2020: Notice of Ruling - NOTICE OF RULING ON EX PARTE APPLICATION FOR AN ORDER PERMITTING SCOTT BAKER AND YUVAL ROGSON OF BAKER & ASSOCIATES TO WITHDRAW AS COUNSEL

Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER PERMITTING SCOTT BAKER AND YUVAL ROGSON OF BAKER & ASSOCIATES TO WITHDRAW AS COUNSEL RECORD FOR DEFENDANTS

1/27/2020: Ex Parte Application - EX PARTE APPLICATION FOR AN ORDER PERMITTING SCOTT BAKER AND YUVAL ROGSON OF BAKER & ASSOCIATES TO WITHDRAW AS COUNSEL RECORD FOR DEFENDANTS

Minute Order - MINUTE ORDER (COUNSEL FOR DEFENDANTS MIGHTY U.S.A., INC. AND MIGHTY ENTERPR...)

1/29/2020: Minute Order - MINUTE ORDER (COUNSEL FOR DEFENDANTS MIGHTY U.S.A., INC. AND MIGHTY ENTERPR...)

Request for Dismissal

1/17/2019: Request for Dismissal

Declaration - Declaration of Mailing

11/15/2018: Declaration - Declaration of Mailing

Notice of Lien

12/3/2018: Notice of Lien

Proof of Personal Service

11/15/2018: Proof of Personal Service

COMPLAINT FOR DAMAGES 1. STRICT LIABILITY (PRODUCT DEFECT) ? WRONGFUL DEATH AND SURVIVAL ;ETC

5/31/2018: COMPLAINT FOR DAMAGES 1. STRICT LIABILITY (PRODUCT DEFECT) ? WRONGFUL DEATH AND SURVIVAL ;ETC

34 More Documents Available

 

Docket Entries

  • 10/27/2021
  • Hearing10/27/2021 at 08:30 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Jury Trial

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  • 10/13/2021
  • Hearing10/13/2021 at 10:00 AM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Final Status Conference

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  • 10/26/2020
  • Hearing10/26/2020 at 13:30 PM in Department 28 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Leave to File a Cross-Complaint

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  • 10/01/2020
  • DocketNotice of Posting of Jury Fees; Filed by Mighty Enterprises, Inc. (Cross-Complainant)

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  • 09/29/2020
  • Docketat 1:30 PM in Department 28, Daniel M. Crowley, Presiding; Trial Setting Conference - Held

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  • 09/29/2020
  • Docketat 1:30 PM in Department 28, Daniel M. Crowley, Presiding; Hearing on Motion for Leave to File a Cross-Complaint - Held - Continued

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  • 09/29/2020
  • DocketMinute Order ( (Defendant Mighty Enterpirses, Inc. dba Mighty U.S. A., Inc.'s...)); Filed by Clerk

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  • 08/20/2020
  • Docketat 10:30 AM in Department 28, Daniel M. Crowley, Presiding; Trial Setting Conference - Not Held - Advanced and Continued - by Court

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  • 08/04/2020
  • DocketRequest for Dismissal; Filed by Mighty Enterprises, Inc. (Cross-Complainant)

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  • 07/29/2020
  • DocketRequest for Dismissal; Filed by Mighty Enterprises, Inc. (Cross-Complainant)

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46 More Docket Entries
  • 11/01/2018
  • DocketComplaint ((1st)); Filed by Anh Hong Cao (Plaintiff); Tu Thi Vo (Plaintiff)

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  • 07/24/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 07/24/2018
  • DocketProof-Service/Summons

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  • 06/28/2018
  • DocketSummons; Filed by Clerk

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  • 06/28/2018
  • DocketSUMMONS

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  • 06/28/2018
  • DocketSummons Issued; Filed by Clerk

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  • 06/05/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 06/05/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL

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  • 05/31/2018
  • DocketComplaint; Filed by Anh Hong Cao (Plaintiff); Tu Thi Vo (Plaintiff)

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  • 05/31/2018
  • DocketCOMPLAINT FOR DAMAGES 1. STRICT LIABILITY (PRODUCT DEFECT) WRONGFUL DEATH AND SURVIVAL ;ETC

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Tentative Rulings

Case Number: BC708289    Hearing Date: February 19, 2020    Dept: 28

Motion to be Relieved as Counsel

Having considered the moving papers, the Court rules as follows. opposing papers have been filed.

BACKGROUND

On May 31, 2018, Plaintiffs Tu Thi Vo, Anh Hong Cao, and Tony Tai Cao (“Plaintiffs”) filed a complaint against Defendant Mighty U.S.A., Inc.  The complaint alleges strict and negligent products liability, breach of express and implied warranties, and negligence for a milling machine malfunctioning and killing Decedent Tuan Anh Cao on January 20, 2017.

On November 1, 2018, Plaintiffs filed a first amended complaint to name Defendants Mighty Enterprises, Inc., Machine Group, Inc., Acromil Corporation, and She Hong Industrial Co. LTD.

On January 17, 2019, the Court dismissed Defendant Acromi Corporatioon without prejudice.

On January 30, 2020, Defendants Mighty Enterprises, Inc.’s and Mighty USA, Inc.’s counsel, Scott L. Baker and Yuval M. Rogson, filed a motion to be relieved as counsel pursuant to California Code of Civil Procedure section 284, subdivision (2).

Trial is set for June 2, 2020.

PARTYS REQUEST

Defendants Mighty Enterprises, Inc.’s and Mighty USA, Inc.’s counsel, Scott L. Baker and Yuval M. Rogson, (“Moving Attorneys”) seek to be relieved as counsel due because their clients have made it unreasonably difficult to carry out the employment effectively.

LEGAL STANDARD

California Rules of Court, rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion, motion, and declaration on all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel—Civil form (MC-053)).

The court has discretion to allow an attorney to withdraw, and such a motion should be granted provided that there is no prejudice to the client and it does not disrupt the orderly process of justice. (See Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.)

DISCUSSION

Moving Attorneys completed forms MC-051, MC-052, and MC-053.  These forms were served on Moving Attorneys client, Plaintiff, and Defendant Machine Group, Inc. by U.S. mail on January 30, 2020. Moving Attorneys declare that their clients have made it unreasonably difficult to carry out the employment effectively.

The Court finds the motion is properly granted.  There is no evidence showing Defendants Mighty Enterprises, Inc. or Mighty USA, Inc. would be prejudiced of the orderly process of justice would be disrupted in granting this motion.  Trial is over three months away.  Defendants Mighty Enterprises, Inc. and Mighty USA, Inc. have enough time to retain substitute counsel and for that counsel to either prepare for trial or file a motion to continue trial.

CONCLUSION

The motion to be relieved as counsel is GRANTED.

Scott L. Baker and Yuval M. Rogson are relieved as counsel for Defendants Mighty Enterprises, Inc. and Mighty USA, Inc. effective upon the filing of the proof of service of Order Granting Attorney’s Motion to be Relieved as Counsel–Civil form MC–053.

Scott L. Baker and Yuval M. Rogson are ordered to give notice of this ruling.