This case was last updated from Los Angeles County Superior Courts on 07/01/2019 at 01:07:19 (UTC).

YIWU CHAOQITE TOY CO.,LTD VS. CLOUD B INC.

Case Summary

On 01/10/2018 YIWU CHAOQITE TOY CO ,LTD filed a Contract - Other Contract lawsuit against CLOUD B INC. This case was filed in Los Angeles County Superior Courts, Compton Courthouse located in Los Angeles, California. The Judge overseeing this case is MAURICE A. LEITER. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9019

  • Filing Date:

    01/10/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Compton Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MAURICE A. LEITER

 

Party Details

Plaintiff

YIWU CHAOQITE TOY CO. LTD

Defendants

DOES 1-10

CLOUD B INC.

Other

LOS ANGELES SUPERIOR COURT

Attorney/Law Firm Details

Plaintiff Attorneys

BEMIS GARY A.

HAINES TODD FREDERICK

Defendant Attorneys

TAI TIFFANY W.

TYLER KATHRYN A.

 

Court Documents

Summons

1/10/2018: Summons

Notice of Case Management Conference

1/10/2018: Notice of Case Management Conference

Answer

3/15/2018: Answer

Minute Order

6/13/2018: Minute Order

Case Management Statement

7/10/2018: Case Management Statement

Case Management Statement

7/17/2018: Case Management Statement

Minute Order

7/20/2018: Minute Order

Legacy Document

7/25/2018: Legacy Document

Notice of Posting of Jury Fees

7/25/2018: Notice of Posting of Jury Fees

Legacy Document

7/25/2018: Legacy Document

Motion to Be Relieved as Counsel

2/25/2019: Motion to Be Relieved as Counsel

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

2/25/2019: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Proof of Service (not Summons and Complaint)

3/1/2019: Proof of Service (not Summons and Complaint)

Notice Re: Continuance of Hearing and Order

3/12/2019: Notice Re: Continuance of Hearing and Order

Notice of Ruling

3/28/2019: Notice of Ruling

Notice

5/15/2019: Notice

Notice

6/13/2019: Notice

Minute Order

6/19/2019: Minute Order

28 More Documents Available

 

Docket Entries

  • 06/25/2019
  • at 09:09 AM in Department A, Maurice A. Leiter, Presiding; Hearing on Motion to Strike (Motion to Strike Defendants Answer, by Plaintiff YIWU Chaoqite Toy Co., LTD) - Not Held - Taken Off Calendar by Party

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  • 06/19/2019
  • at 08:30 AM in Department A, Maurice A. Leiter, Presiding; Post-Mediation Status Conference - Held

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  • 06/19/2019
  • Minute Order ( (Post-Mediation Status Conference)); Filed by Clerk

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  • 06/14/2019
  • Proof of Personal Service; Filed by CLOUD B INC. (Defendant)

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  • 06/13/2019
  • Notice (FINAL STATUS CONFERENCE & JURY TRIAL); Filed by YIWU CHAOQITE TOY CO., LTD (Plaintiff)

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  • 06/11/2019
  • Substitution of Attorney; Filed by CLOUD B INC. (Defendant)

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  • 05/16/2019
  • Motion to Strike (not initial pleading) (Defendant's Answer for Failing to Retain a Licensed Counsel); Filed by YIWU CHAOQITE TOY CO., LTD (Plaintiff)

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  • 05/15/2019
  • at 08:30 AM in Department A, Maurice A. Leiter, Presiding; Case Management Conference - Held

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  • 05/15/2019
  • Notice (of Entry of Order re Motion to be Relieved); Filed by CLOUD B INC. (Defendant)

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  • 05/15/2019
  • Minute Order ( (Case Management Conference)); Filed by Clerk

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28 More Docket Entries
  • 05/15/2018
  • Case Management Statement; Filed by YIWU CHAOQITE TOY CO., LTD (Plaintiff)

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  • 04/19/2018
  • Notice; Filed by YIWU CHAOQITE TOY CO., LTD (Plaintiff)

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  • 04/16/2018
  • at 08:30 AM in Department A; (Case Ordered Reassigned; Case Reassigned for all purposes) -

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  • 04/10/2018
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 03/15/2018
  • Answer; Filed by CLOUD B INC. (Defendant)

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  • 01/23/2018
  • Proof-Service/Summons; Filed by YIWU CHAOQITE TOY CO., LTD (Plaintiff)

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  • 01/10/2018
  • Summons; Filed by null

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  • 01/10/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 01/10/2018
  • Civil Case Cover Sheet; Filed by Clerk

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  • 01/10/2018
  • Complaint; Filed by YIWU CHAOQITE TOY CO., LTD (Plaintiff)

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Tentative Rulings

Case Number: TC029019    Hearing Date: August 13, 2020    Dept: A

# 4. Yiwu Chaoqite Toy Co., Ltd. V. Cloud B, Inc.

Case No.: TC029019

Matter on calendar for: Motion to Strike Answer

Tentative ruling:

  1. Background

Plaintiff Yiwu Chaoqite Toy Co., Ltd. (“YCTC”), filed this complaint against defendant Cloud B, Inc., to recover $621,699.28 owed on an open book account. Yiwu allegedly provided Cloud B with goods, wares, and merchandise for which Cloud has not paid.

YCTC now moves to strike Cloud B’s answer for failing to obtain counsel. The motion is unopposed. On July 14, 2020 the Court continued the hearing to August 13, 2020 to allow Cloud B additional time to find representation.

  1. Standard

The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of the pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (C.C.P., §§ 436(a)-(b); Stafford v. Schultz (1954) 42 Cal.2d 767, 782 [“matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded”].) 

  1. Analysis

    “[U]nder a long-standing common law rule of procedure, a corporation, unlike a natural person, cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney. It must be represented by licensed counsel in proceedings before courts of record. [Citation.]” (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) This is a defect the Court may correct, “on such terms as are just in the sound discretion of the court.” (Id. at 1149.)

    Cloud B’s attorney withdrew from the action on December 10, 2019. Cloud B subsequently has failed to obtain counsel. YCTC’s counsel has filed a declaration stating he placed a call to Cloud B’s voicemail on July 14, 2020. (Decl. Tapper, ¶ 3.) A substitution of attorney has not been filed on Cloud B’s behalf.

  2. Ruling

The Court grants the motion and strikes Cloud B’s answer.

Case Number: TC029019    Hearing Date: July 14, 2020    Dept: A

# 11. Yiwu Chaoqite Toy Co., Ltd. V. Cloud B, Inc.

Case No.: TC029019

Matter on calendar for: Motion to Strike Answer

Tentative ruling:

  1. Background

Plaintiff Yiwu Chaoqite Toy Co., Ltd. (“YCTC”), filed this complaint against defendant Cloud B, Inc., to recover $621,699.28 owed on an open book account. Yiwu allegedly provided CloudB with goods, wares, and merchandise for which Cloud has not paid.

YCTC now moves to strike Cloud B’s answer for failing to acquire counsel. The motion is unopposed.

  1. Standard

The court may, upon a motion or at any time in its discretion and upon terms it deems proper: (1) strike out any irrelevant, false, or improper matter inserted in any pleading; or (2) strike out all or any part of the pleading not drawn or filed in conformity with the laws of California, a court rule, or an order of the court. (C.C.P., §§ 436(a)-(b); Stafford v. Schultz (1954) 42 Cal.2d 767, 782 [“matter in a pleading which is not essential to the claim is surplusage; probative facts are surplusage and may be stricken out or disregarded”].) 

  1. Analysis

    “[U]nder a long-standing common law rule of procedure, a corporation, unlike a natural person, cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney. It must be represented by licensed counsel in proceedings before courts of record. [Citation.]” (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) This is a defect the Court may correct, “on such terms as are just in the sound discretion of the court.” (Id. at 1149.)

    Cloud B’s attorney withdrew from the action on December 10, 2019. Cloud B subsequently has failed to acquire counsel, causing an eight-month delay in the case.

    In light of the disruptions caused by the COVID-19 pandemic, the Court will grant Cloud B an additional opportunity to obtain counsel. The Court will inquire into the status of the case at hearing.

  2. Ruling

    The motion is denied without prejudice.

Case Number: TC029019    Hearing Date: December 10, 2019    Dept: A

# 4. Yiwu Chaoqite Toy Co., Ltd. v. Cloud B, Inc.

Case No.: TC029019

Matter on calendar for: motion to be relieved as counsel

Tentative ruling:

  1. Background

    Plaintiff Yiwu Chaoqite Toy Co., Ltd., filed this complaint against defendant Cloud B, Inc., to recover money owed on an open book account. Yiwu allegedly provided Cloud with goods, wares, and merchandise for which Cloud has not paid.

    On May 14, 2019, the Court granted a motion to be relieved by Cloud’s counsel at the time. Cloud’s current counsel, Kathryn Tyler, now moves to be relieved.

    For the reasons set forth below, the Court grants the motion.

  2. Standard

California Code of Civil Procedure § 284(2) provides that “[an] attorney in an action or special proceeding may be changed at any time before or after judgment or final determination…upon the order of the court, upon the application of either client or attorney, after notice from one to the other.” Additionally, attorneys seeking to be relieved as counsel must comply with California Rule of Professional Conduct 3-700 in seeking to be relieved.

A motion to be relieved as counsel must comport with California Rules of Court Rule 3.1362. The Rule requires the notice of motion and motion to be on the Judicial Council of California form MC-051, and the declaration to be on form MC-052. The proposed order must be form MC-053.

  1. Analysis

    Counsel cites to a complete breakdown of communication between herself and Cloud. Counsel has provided the required MC-051, MC-052, and MC-053 forms. The motion is granted.

  2. Ruling

    The motion to be relieved as counsel is granted.

    Next dates:

    Notice:

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