Shoumin Zhang v. American Franchise Regional Center, LLC et al
Plaintiff: Shoumin Zhang
Defendant: Sidney Wang, Emax Escrow, Inc., Americana One, LLC, American Franchise Regional Center, LLC and Agnes Yen
Counter Defendant: Hu & Associates, LLC and John Deyong Hu
Case Number: 2:2015cv09583
Filed: December 11, 2015
Court: US District Court for the Central District of California
Presiding Judge: Patrick J Walsh
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Both
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on July 16, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 16, 2020 Opinion or Order Filing 313 ORDER from Ninth Circuit Court of Appeals filed. CCA # 17-55641 and 17-55730. The motion by Americana One, LLC to withdraw its motion for attorneys' fees is granted. The court will take no further action on the motion for attorneys' fees. (es)
June 9, 2020 Filing 312 Text Only Entry. Request from Counsel for Defendant to return the fully executed agreement to the Court and to Plaintiff by Friday, June 12, 2020 is granted. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY
May 27, 2020 Filing 311 COMPACT DISC Order for date of proceedings 5/26/20 to 5/26/20 re: Order, #310 , filed by Defendant Americana One, LLC. Court will contact Erica Valencia at erica_valencia@cacd.uscourts.gov with any questions regarding this order. Transcript portion requested: Pre-Trial Proceeding: 5/26/20. FEE PAID. (Chiao, Jeffrey)
May 27, 2020 Opinion or Order Filing 310 ORDER ALLOWING AMERICANA ONE, LLC TO OBTAIN A TRANSCRIPT OR AUDIO RECORDING OF THE SEALED COURT PROCEEDING ON MAY 26, 2020 by Magistrate Judge Patrick J. Walsh. IT IS ORDERED that: The Clerk is authorized to provide Jeffrey Chiao, attorney of record for Americana One, LLC, a copy of a transcript or audio recording of the telephonic status conference on May 26, 2020, at 2:00 pm. (es)
May 26, 2020 Filing 309 MINUTES OF Telephonic Status Conference re; Settlement (Doc. No. 307) held before Magistrate Judge Patrick J. Walsh: The case is called and counsel make their appearances. The Court hears from counsel regardingissues that have arisen in their attempts to reach a settlement. The Court orders counsel for Defendant Americana One, LLC to submit the proposed settlement agreement to the Court and to counsel for Plaintiff Shoumin Zhang by Friday, May 29, 2020. The Court orders Plaintiff to return the executed agreement to Defendant by Friday, June 5, 2020, and Defendant to then return the fully executed agreement to the Court and to Plaintiff by Thursday, June 11, 2020. The Court orders Defendant to send a check for $25,000 to Plaintiff by Friday, June 26, 2020. The Court orders the transcript of the hearing to be sealed in light of the settlement discussions. Court Reporter: CS 5/26/2020. (et)
May 22, 2020 Filing 307 SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh. The telephonic status conference previously scheduled for 11:00 a.m. on Tuesday, May 26, 2020 has been CONTINUED to 2:00 p.m. on Tuesday, May 26, 2020. The call-in information will remain the same. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kl) TEXT ONLY ENTRY
May 19, 2020 Filing 306 MINUTES OF Telephonic Status Conference re; Settlement (Doc. No. 305) held before Magistrate Judge Patrick J. Walsh: The Court hears from counsel to resolve some issues that came up in settlement. Counsel are ordered to submit their proposed draft settlement agreements to the Court by Friday May 22, 2020. The Court sets the next telephonic status conference for 11 a.m. on May 26, 2020. The Court orders the transcript of the hearing to be sealed in light of the settlement discussions. Court Reporter: CS 5/19/20. (es)
May 12, 2020 Filing 305 SCHEDULING NOTICE TEXT ONLY ENTRY (IN CHAMBERS) by Magistrate Judge Patrick J. Walsh, telephone conference set for 5/19/2020 at 11:00 AM before Magistrate Judge Patrick J. Walsh. Call-in information emailed to parties.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ev) TEXT ONLY ENTRY
March 26, 2020 Filing 304 TEXT ONLY ENTRY Re: NOTICE OF MOTION AND MOTION for Attorney Fees #296 , NOTICE OF MOTION AND MOTION for Permanent Injunction Return of Property #292 . MOTIONS ARE DENIED AS MOOT PARTIES SETTLED CASE. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (es) TEXT ONLY ENTRY
September 3, 2019 Filing 303 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Magistrate Judge Patrick J. Walsh. The case is called and appearances are made. The parties have agreed to settle the remaining issues in the case. The terms of the settlement will be set forth in a written agreement to be signed by the parties. Once the settlement agreement has been executed, the Court will enter an order dismissing the case with prejudice. The hearing transcript is to be sealed in light of the settlement discussions that took place. Court Recorder: CS 09/03/19. (sbou)
August 30, 2019 Filing 302 SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh - Telephone Conference set for 9/3/2019 at 1:30 PM before Magistrate Judge Patrick J. Walsh. The same call-in information will be used. Counsel shall call in at 1:25 PM.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (im) TEXT ONLY ENTRY
August 12, 2019 Filing 301 MINUTES OF Hearing on Plaintiff's Motion for Permanent Injunction (Doc. No. #292 ),Intervenor's Motion for Attorney Fees (Doc. No. #296 ) held before Magistrate Judge Patrick J. Walsh. The case is called and appearances are made. After hearing argument, the Court takes the motions under advisement. Court Recorder: CS 08/12/19. (sbou)
July 29, 2019 Filing 300 REPLY Reply NOTICE OF MOTION AND MOTION for Attorney Fees #296 filed by Intervenor Americana One, LLC. (Attachments: #1 Declaration)(Chiao, Jeffrey)
July 29, 2019 Filing 299 REPLY NOTICE OF MOTION AND MOTION for Permanent Injunction Return of Property #292 filed by Counter Defendant Shoumin Zhang, Plaintiff Shoumin Zhang. (Sun, Mary)
July 22, 2019 Filing 298 OPPOSITION in opposition to re: NOTICE OF MOTION AND MOTION for Permanent Injunction Return of Property #292 filed by Intervenor Americana One, LLC. (Chiao, Jeffrey)
July 22, 2019 Filing 297 Opposition In opposition to re: NOTICE OF MOTION AND MOTION for Attorney Fees #296 filed by Counter Defendant Shoumin Zhang. (Attachments: #1 Declaration Declaration of Mary Sun, #2 Supplement Request for Judicial Notice)(Sun, Mary)
July 15, 2019 Filing 296 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Intervenor Americana One, LLC. Motion set for hearing on 8/12/2019 at 01:30 PM before Magistrate Judge Patrick J. Walsh. (Attachments: #1 Declaration Declaration of Jeffrey Chiao) (Chiao, Jeffrey)
July 11, 2019 Filing 295 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Permanent Injunction Return of Property #292 (Attachments: #1 Proposed Order)(Sun, Mary)
July 11, 2019 Filing 294 DECLARATION of Mary Sun in support of NOTICE OF MOTION AND MOTION for Permanent Injunction Return of Property #292 filed by Plaintiff Shoumin Zhang. (Sun, Mary)
July 11, 2019 Filing 293 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Permanent Injunction Return of Property #292 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (sbou)
July 10, 2019 Filing 292 NOTICE OF MOTION AND MOTION for Permanent Injunction Return of Property filed by Plaintiff Shoumin Zhang. Motion set for hearing on 8/12/2019 at 01:30 PM before Magistrate Judge Patrick J. Walsh. (Sun, Mary)
July 2, 2019 Opinion or Order Filing 291 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #249 filed by Americana One, LLC, Notice of Appeal to 9th Circuit Court of Appeals, #283 filed by Shoumin Zhang, Notice of Appeal to 9th Circuit Court of Appeals, #246 filed by Shoumin Zhang. CCA # 17-55641, 17-55730 and 17-56577. Appellant Shoumin Zhang's motion for attorneys' fees [No. 17-55641 Dkt. 61; No. 17-55730 Dkt. 58; No. 17-56577 Dkt. 53] is denied. Appellee Americana One, LLCs motion for attorneys' fees [No. 17-55641 Dkt. 60; No. 17-55730 Dkt. 57; No. 17-56577 Dkt. 52] is granted. [See document for more details.] (mat)
July 1, 2019 Filing 290 MINUTES OF TELEPHONIC STATUS CONFERENCE held before Magistrate Judge Patrick J. Walsh. The Court orders the transcript/audio be under seal because settlement discussions were recorded. The Court has set a telephonic conference for July 3, 2019 at 10:00 a.m. Court Recorder: CS 07/01/19. (sbou)
May 3, 2019 Filing 289 MINUTES OF TELEPHONIC CONFERENCE RE NINTH CIRCUIT MANDATE Telephone Conference held before Magistrate Judge Patrick J. Walsh. The case is called and appearances are made. The Court hears from counsel. The Court stays the case for 45 days. The parties are ordered to work out the attorneys' fees. The next telephonic conference is set for July 1, 2019 at 1:30 p.m. Court Recorder: CS 05/03/19. (sbou)
May 2, 2019 Filing 288 SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh - Telephonic Conference previously scheduled for MAY 3, 2019 3:00 PM has been rescheduled. Telephone Conference is now set for 5/3/2019 at 3:30 PM. Counsel shall call in at 3:25 PMTHERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (im) TEXT ONLY ENTRY
May 2, 2019 Filing 287 SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh - Telephone Conference set for 5/3/2019 at 3:00 PM before Magistrate Judge Patrick J. Walsh. Call in information will be emailed to counsel. Counsel shall call in at 2:55 PM.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (im) TEXT ONLY ENTRY
April 5, 2019 Filing 286 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #249 , Notice of Appeal to 9th Circuit Court of Appeals, #283 , Notice of Appeal to 9th Circuit Court of Appeals, #246 , USCA Memorandum/Opinion/Order, #285 , CCA # 17-55641, 17-55730, 17-56577. The judgment of this Court, entered March 14, 2019, takes effect this date.This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (car)
March 14, 2019 Filing 285 MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #283 filed by Shoumin Zhang. CCA # 17-56577. We therefore AFFIRM in part, REVERSE in part, and REMAND to the district court with instructions to award Americana One $50,000 in liquidated damages and to determine the amount of attorneys' fees to which Americana One is entitled for Zhang's breach. Each party shall bear its own costs on appeal. (sbou)
October 18, 2017 Filing 284 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-56577 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #283 as to plaintiff Shoumin Zhang. (mat)
October 12, 2017 Filing 283 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff Shoumin Zhang. Appeal of Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment, Order on Motion for Summary Adjudication #186 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-20652898.) (Chuan, Jason)
September 18, 2017 Opinion or Order Filing 282 ORDER OF DISMISSAL WITH PREJUDICE BETWEEN COUNTER-CLAIMANT HU & ASSOCIATES, LLC AND COUNTER-DEFENDANT SHOUMIN ZHAN by Magistrate Judge Patrick J. Walsh #280 . SEE ORDER. Case Terminated. Made JS-6. (im)
September 18, 2017 Filing 281 STIPULATION for Order dismissal pursuant to settlement agreement filed by Counterclaimant Hu & Associates, LLC.(Gonzalez, Antonio)
September 15, 2017 Filing 280 STIPULATION to Dismiss Case pursuant to Stipulation to dismiss pursuant to a settlement agreement filed by Counterclaimant Hu & Associates, LLC.(Gonzalez, Antonio)
September 8, 2017 Filing 279 MINUTES OF Settlement Conference held before Magistrate Judge John E. McDermott. The matter was called and the parties stated their appearances. Counsel proceed, off the record, with the Settlement Conference before Magistrate Judge McDermott. The matter settled. Plaintiff was ordered to file a dismissal promptly. If the dismissal is not filed by Friday, September 15, 2017, the parties MUST appear Monday, September 18 at 10:00a.m. Mr. Hu must personally appear. Court Recorder: CS09/08/2017. (san)
September 5, 2017 Opinion or Order Filing 278 MINUTE ORDER IN CHAMBERS by Magistrate Judge John E. McDermott re Settlement Conference set for 9/8/2017 10:00 AM before Magistrate Judge John E. McDermott. Counter-claimants Hu and Hu & Associates, LLC shall prepare a settlement agreement in accordance with terms agreed at the First Settlement Conference on August 7, 2017 and submit it to Plaintiff and Counter-Defendant Shoumin Zhang before the Settlement Conference on September 8, 2017. The parties are to meet and confer on the draft agreement before the Settlement Conference on September 8, 2017. The Court will want an update from Zhang or Zhang's counsel on the time frame for transferring the funds from China, or from other sources, to implement the agreement. (san)
September 5, 2017 Opinion or Order Filing 277 MINUTES (IN CHAMBERS) ORDER RE EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE: CONTEMPT by Magistrate Judge John E. McDermott #273 . The Application fails because it is based on a false premise. The Court's July 21, 2017Order states that "Defendant John Deyong Hu" individually is not to have contact with Plaintiff. [See Order for details.] (san)
September 1, 2017 Filing 276 DECLARATION of John Deyong Hu In Support of Counterclaimant's Opposition to Counterdefendant's Ex Parte Re Contempt EX PARTE APPLICATION for Order to Show Cause re: Contempt #273 filed by Counter Claimant Hu & Associates, LLC. (Gonzalez, Antonio)
August 30, 2017 Opinion or Order Filing 275 MINUTE ORDER IN CHAMBERS by Magistrate Judge John E. McDermott re: EX PARTE APPLICATION for Order to Show Cause re: Contempt #273 . The Court requires that John Deyong Hu ("Hu") file a declaration under oath subject to penalty of perjury that he did not send the email to Zhang #270 that is the subject of the Ex Parte Application, that he did not write it, that it was sent without his authorization and knowledge and that the employee who did send it (Hui Tang) was terminated. The Court ORDERS Hu to file the Declaration as soon as possible but no later than Friday, September 1. (san)
August 29, 2017 Filing 274 MEMORANDUM in Opposition to EX PARTE APPLICATION for Order to Show Cause re: Contempt #273 filed by Counter Claimant Hu & Associates, LLC. (Attachments: #1 Declaration Declaration of Hui Tang, #2 Exhibit Ex 1 to Declaration of Hui Tang, #3 Exhibit Ex 2 to Declaration of Hui Tang, #4 Exhibit Ex 3 to Declaration of Hui Tang, #5 Exhibit Ex 4 to Declaration of Hui Tang)(Gonzalez, Antonio)
August 25, 2017 Filing 273 EX PARTE APPLICATION for Order to Show Cause re: Contempt filed by Counter Defendant Shoumin Zhang. (Attachments: #1 Declaration Mary Sun, #2 Declaration Sal Hanna, #3 Proposed Order) (Sun, Mary)
August 21, 2017 Filing 272 RESPONSE filed by Counter Claimant Hu & Associates, LLCto Status Report #267 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Declaration Declaration of Hui Tang)(Gonzalez, Antonio)
August 21, 2017 Opinion or Order Filing 271 MINUTE (IN CHAMBERS) ORDER RE UPDATED STATUS REPORT (Dkt. #270 ) by Magistrate Judge John E. McDermott. The Court ORDERS the Hu law firm to file a Response to Zhang's August 14, 2017 Status Report and her August 17, 2017 updated Status Report, by Friday, August 25, 2017. The Hu law firm is to address both the status of the settlement and Zhang's allegation of threats. (kl)
August 17, 2017 Filing 270 SEALED DOCUMENT Unredacted E-mail from John Deyong Hu re Status Report #269 , Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #268 filed by Counter Defendant Shoumin Zhang, Plaintiff Shoumin Zhang.(Chuan, Jason)
August 17, 2017 Filing 269 STATUS REPORT Updated Pursuant to ORDER RE STATUS REPORT (Dkt. 268) filed by Counter Defendant Shoumin Zhang, Plaintiff Shoumin Zhang. (Chuan, Jason)
August 16, 2017 Opinion or Order Filing 268 MINUTE (IN CHAMBERS) ORDER RE STATUS REPORT (Dkt. #267 ) by Magistrate Judge John E. McDermott. The Court hereby ORDERS Zhang to file an updated Status Report by Monday, August 21, 2017 answering the Court's question and submitting an unredacted version of the Hu email. The Court also ORDERS the Hu law firm to file a Response to Zhang's August 14, 2017 Status Report regarding both settlement and the allegation of threats made in the Hu email attached to Zhang's Status Report. (See Order for Further Details) (kl)
August 14, 2017 Filing 267 STATUS REPORT filed by Counter Defendant Shoumin Zhang. (Attachments: #1 Declaration MAry Sun, #2 Shoumin Zhang)(Sun, Mary)
August 7, 2017 Filing 266 MINUTES OF Settlement Conference held before Magistrate Judge John E. McDermott. Settlement conference held August 7, 2017. The matter was called and the parties stated their appearances. John Hu and Karl Evestoom also appeared. Counsel proceed, off the record, with the Settlement Conference before Magistrate Judge McDermott. The parties agreed on an amount and mutual provisions for confidentiality, non-disclosure and non-disparagement. Defendant's counsel agreed to produce a draft of the agreement within one week. The agreement, however, cannot be finalized unless Defendant is prepared, able and willing to transfer cash to pay the settlement amount on the day the agreement is signed. Defendant was ORDERED to file a Status Report by August 14, 2017 indicating whether she is prepared to transfer the cash necessary to implement the agreement. Court Recorder: CS08/07/2017. (kl)
August 4, 2017 Opinion or Order Filing 265 ORDER by Magistrate Judge John E. McDermott #264 Motion for Leave to Appear of SHOUMIN ZHANG. [See Order for details.] (san)
August 3, 2017 Filing 264 REQUEST for Leave of Shoumin Zhang to Appear for Telephonic filed by Counter-Defendant Shoumin Zhang. (Attachments: #1 Declaration of Shoumin Zhang, #2 Proposed Order) (Chuan, Jason)
July 27, 2017 Opinion or Order Filing 263 ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge John E. McDermott. Set deadlines and hearings (Confidential Settlement Statement due by 8/4/2017, Settlement Conference set for 8/7/2017 at 10:00 AM before Magistrate Judge John E. McDermott.) (See Order for Further Details) (kl)
July 22, 2017 Opinion or Order Filing 262 ORDER GRANTING STIPULATED JOINT REQUEST FOR CONTINUANCE OF SETTLEMENT CONFERENCE DEADLINE AND TELEPHONIC APPEARANCE by Magistrate Judge Patrick J. Walsh #261 . The Settlement Conference Deadline is continued from July 25, 2017 to August 10, 2017. The issue of Zhang participating by telephone should be taken up with Judge McDermott. (im)
July 20, 2017 Filing 261 STIPULATION to Continue Settlement Conference from 7/25/17 to 8/10/17 filed by Counterclaimant Hu & Associates, LLC. (Attachments: #1 Proposed Order)(Gonzalez, Antonio)
June 30, 2017 Opinion or Order Filing 260 MINUTE ORDER IN CHAMBERS Scheduling of Settlement Conference by Magistrate Judge John E. McDermott #259 . [See document for details.] (san)
June 21, 2017 Filing 259 MINUTES OF PRETRIAL/STATUS CONFERENCE #156 #157 #159 #160 #161 #170 #171 #172 #173 #179 #180 #182 #183 #184 #185 held before Magistrate Judge Patrick J. Walsh: The case is called and appearances are made. The Court issues rulings on the record. The Court will find a judge to conduct a settlement conference in this case and let counsel know the name of the judge. Depositions are to be completed by October 6, 2017. The Jury Trial is set for October 23, 2017 at 8:30 a.m. SEE ORDER. Defendant John Deyong Hu is not to have any contact with Plaintiff without Plaintiff's counsel being present. Court Recorder: Court Smart 6/21/17. (im)
June 19, 2017 Filing 258 SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh - Pretrial/Status Conference set for 6/21/2017 at 2:00 PM before Magistrate Judge Patrick J. Walsh. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (im) TEXT ONLY ENTRY
June 5, 2017 Filing 257 MEMORANDUM of Points and Authorities in Support filed by Counter-Defendant Shoumin Zhang. Re: Trial Brief #253 (Chuan, Jason)
June 5, 2017 Filing 256 Supplemental Brief re Pretrial Order BRIEF filed by Counterclaimant John Deyong Hu, Hu & Associates, LLC. regarding Trial Brief #253 . (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7)(Gonzalez, Antonio)
May 30, 2017 Opinion or Order Filing 255 ORDER REGARDING STIPULATED JOINT REQUEST FOR CONTINUANCE OF DEADLINE TO FILE SUPPLEMENTAL BRIEFS FOR PRETRIAL CONFERENCE BY JUNE 5, 2017 by Magistrate Judge Patrick J. Walsh. Pursuant to the Joint Stipulation of the parties, and good cause being shown thereby, it is hereby ORDERED that the deadline for the parties to submit supplemental briefs for the pretrial conference be continued from May 26, 2017 to June 5, 2017. re Stipulation for Extension of Time to File #254 . (sbou)
May 26, 2017 Filing 254 Joint STIPULATION for Extension of Time to File Supplemental Briefs for Pretrial Conference filed by Counter-Defendant Shoumin Zhang. (Attachments: #1 Proposed Order)(Chuan, Jason)
May 26, 2017 Filing 253 TRIAL BRIEF Joint Proposed Pretrial Order filed by Counterclaimant John Deyong Hu, Hu & Associates, LLC.. (Attachments: #1 Declaration)(Gonzalez, Antonio)
May 22, 2017 Filing 252 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Cross Appeal Docket No. 17-55641 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #249 as to intervenor Americana One, LLC. (mat)
May 22, 2017 Filing 251 DECLARATION of Antonio J. Gonzalez filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Gonzalez, Antonio)
May 19, 2017 Filing 250 NOTICE OF LODGING filed Pretrial Order re Amended Counterclaim, #39 , Amended Counterclaim, #40 (Attachments: #1 Proposed Order Pretrial Order, #2 Declaration)(Sun, Mary)
May 15, 2017 Filing 249 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Intervenor Americana One, LLC. Appeal of Order on Motion for Partial Summary Judgment,,,, Order on Motion for Summary Judgment,,,, Order on Motion to Dismiss,,, #211 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-19853615.) (Chiao, Jeffrey)
May 4, 2017 Filing 248 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 17-55641 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #246 as to Plaintiff Shoumin Zhang. (shb)
May 2, 2017 Filing 246 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by plaintiff Shoumin Zhang. Appeal of Order on Motion for Partial Summary Judgment,,,, Order on Motion for Summary Judgment,,,, Order on Motion to Dismiss,,, #211 , Order, #53 , Order on Motion for Reconsideration #243 , Order on Motion for Leave to File Document, #80 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-19786745.) (Chuan, Jason)
April 27, 2017 Filing 247 MINUTES OF Telephonic Scheduling Conference held before Magistrate Judge Patrick J. Walsh: The parties are ordered to meet in person and Defendants will then file the Joint Proposed Pretrial Conference Order by May 19, 2017. On May 26, 2017, the parties may file a Supplemental Brief. The Court will schedule a hearing for the week of Memorial Day or the first week of June 2017. The parties should have available dates for trial at this hearing. Court Recorder: XTR 4/27/17. (im)
April 20, 2017 Filing 245 PROPOSED JURY INSTRUCTIONS (Unannotated set) filed by Counter-Defendant Shoumin Zhang.. (Chuan, Jason)
April 4, 2017 Filing 244 SCHEDULING NOTICE by Magistrate Judge Patrick J. Walsh - Telephonic Scheduling Conference set for 4/27/2017 02:00 PM before Magistrate Judge Patrick J. Walsh. Call-in Number:(213) 894-0800. Meeting ID:1112 # User Password:0452 #THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (im) TEXT ONLY ENTRY
April 3, 2017 Opinion or Order Filing 243 ORDER DENYING PLAINTIFF SHOUMIN ZHANG'S MOTION FOR RECONSIDERATION OF COURT'S AWARD OF DAMAGES TO INTERVENOR AMERICANA ONE #227 by Judge Manuel L. Real: See document for details. (gk)
March 29, 2017 Filing 241 CONSENT TO PROCEED before United States Magistrate Judge by all parties pursuant to GO 12-01 is approved by District Judge Manuel L. Real and Magistrate Judge Patrick J. Walsh. This case is hereby reassigned to Magistrate Judge Patrick J. Walsh for all further proceedings. Case number will now read 2:15-cv-09583 PJW. (rn)
March 28, 2017 Filing 242 MINUTES OF Status Conference Re Jury Trial held before Judge Manuel L. Real: Court and counsel confer. The jury trial is vacated. Court Reporter: Sandra MacNeil. (gk)
March 28, 2017 Filing 240 TEXT ONLY NOTICE by Clerk. The certified deposition transcript of John Hu (volume 2) and certified deposition transcript of Agnes Yen and the exhibit book lodged on October 6, 2016 (See Dckt. No. 153) returned to Plaintiff and Counter-defendant Shoumin Zhang's counsel of record. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch)
March 21, 2017 Filing 239 PROPOSED JURY INSTRUCTIONS filed by Counterclaimants John Deyong Hu, Hu & Associates, LLC.. (Attachments: #1 Joint Proposed Jury Instructions)(Gonzalez, Antonio)
March 21, 2017 Filing 238 PROPOSED JURY INSTRUCTIONS filed by Counter-Defendant Shoumin Zhang.. (Chuan, Jason)
February 28, 2017 Opinion or Order Filing 236 TEXT ONLY SCHEDULING ORDER TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that Plaintiff's Motion for Reconsideration of Court's Award of Damages to Americana One (Dckt. No. #227 ) set for hearing on March 6, 2017 at 10:00 A.M. is suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said Motion is taken UNDER SUBMISSION on the papers as filed and the hearing date of March 6, 2017 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY
February 27, 2017 Opinion or Order Filing 237 JOINT FINAL PRETRIAL ORDER approved by Judge Manuel L. Real. See document for details. (gk)
February 27, 2017 Filing 235 MINUTES OF Final Pretrial Conference held before Judge Manuel L. Real. The Court signs the Final Pretrial Conference Order. The Jury Trial in this matter is set for March 28, 2017 at 10:00 a.m. Court Reporter: Sheri Kleeger. (lom)
February 21, 2017 Opinion or Order Filing 234 ORDER DENYING COUNTERCLAIMANTS JOHN HU AND HU & ASSOCIATES, LLC's MOTION FOR SUMMARY JUDGMENT by Judge Manuel L. Real: Because Zhang presents evidence which raises a genuine dispute of material fact as to the accuracy of the Hu Firm's hour calculation currently before the Court, the Hu Firm's Motion for Summary Judgment is denied. IT IS HEREBY ORDERED that Counterclaimants' Motion for Summary Judgment #214 is DENIED. (gk)
February 20, 2017 Filing 233 REPLY in Support of NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Partial Summary Judgment,,,, Order on Motion for Summary Judgment,,,, Order on Motion to Dismiss,,, #211 #227 filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
February 17, 2017 Opinion or Order Filing 232 TEXT ONLY SCHEDULING ORDER TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that Defendants and Counterclaimant John Deyong Hu's Motion for Summary Judgment (Dckt. No. #214 ) and the parties' motions in limine, set for hearing on February 21, 2017 at 10:00 A.M. is suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said Motion is taken UNDER SUBMISSION on the papers as filed and the hearing date of February 21, 2017 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
February 13, 2017 Filing 231 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Partial Summary Judgment,,,, Order on Motion for Summary Judgment,,,, Order on Motion to Dismiss,,, #211 #227 filed by Intervenor Americana One, LLC. (Chiao, Jeffrey)
February 10, 2017 Opinion or Order Filing 230 MINUTE ORDER (IN CHAMBERS) RE-SETTING PRETRIAL AND TRIAL DATES by Judge Manuel L. Real: COUNSEL ARE NOTIFIED that the Final Pretrial Conference is reset for 2/27/2017 11:00 AM before Judge Manuel L. Real. Jury Trial reset for 3/14/2017 09:00 AM before Judge Manuel L. Real. Court Reporte: None Present. (gk)
February 8, 2017 Filing 229 NOTICE TO PARTIES by District Judge Manuel L. Real. Effective February 13, 2017, Judge Real will be located at the Roybal Federal Building and U.S. Courthouse, COURTROOM 880 on the 8th floor, located at 255 East Temple Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 880 of the Roybal Federal Building and U.S. Courthouse. All mandatory chambers copies shall be placed in the courtesy copy in-box outside of and adjacent to the courtroom, or mailed to the Court via overnight mail within 12 court business hours of the time the document was e-filed. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
February 7, 2017 Filing 228 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to First Counterclaim for Breach of Contract Memorandum of Points and Authority #215 , NOTICE OF MOTION AND MOTION for Summary Judgment as to First Counterclaim for Breach of Contract #214 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC. (Gonzalez, Antonio)
February 6, 2017 Filing 227 NOTICE OF MOTION AND MOTION for Reconsideration re Order on Motion for Partial Summary Judgment,,,, Order on Motion for Summary Judgment,,,, Order on Motion to Dismiss,,, #211 filed by Plaintiff and Defendant in Intervention Shoumin Zhang. Motion set for hearing on 3/6/2017 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Proposed Order) (Chuan, Jason)
January 31, 2017 Filing 226 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to First Counterclaim for Breach of Contract Memorandum of Points and Authority #215 , NOTICE OF MOTION AND MOTION for Summary Judgment as to First Counterclaim for Breach of Contract #214 , NOTICE OF MOTION AND MOTION for Summary Judgment as to First Counterclaim for Breach of Contract Declaration of John Hu #217 , NOTICE OF MOTION AND MOTION for Summary Judgment as to First Counterclaim for Breach of Contract Declaration of Antonio J. Gonzalez #218 filed by Counter Defendant Shoumin Zhang. (Attachments: #1 Statement of Genuine Disputes, #2 Declaration of Shoumin Zhang, #3 Declaration of Jason Chuan, #4 Declaration of Mary Sun)(Chuan, Jason)
January 31, 2017 Filing 225 NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Judgment as to First Counterclaim for Breach of Contract Memorandum of Points and Authority #215 , NOTICE OF MOTION AND MOTION for Summary Judgment as to First Counterclaim for Breach of Contract #214 (Attachments: #1 Separate Statement, #2 Proposed Order Proposed Order, #3 Proposed Judgment)(Gonzalez, Antonio)
January 27, 2017 Filing 224 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Proposed Order #219 , Separate Statement in Support Hu and Hu & Associates LLC's Motion for Summary Judgment of Counterclaims in Favor of Counterclaimants filed 1/20/2017 #216 . The documents are stricken and counsel. Counsel shall file a formal Notice of Lodging and upload the proposed order, proposed judgment, and the Separate Statement in Support of Counterclaimant as a separate attachment to the Notice of Lodging. (gk)
January 26, 2017 Filing 223 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Summary Judgment as to Counterclaim #219 . The following error(s) was found: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to the Motion, document number 214, or a Notice of Lodging, Local Rule 5-4.4.1. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv)
January 26, 2017 Filing 222 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Summary Judgment as to First Counterclaim #217 , #218 . The following error(s) was found: Incorrect event selected. The correct event is: Responses/Replies/Other Motion Related Documents- Declaration (Motion related). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv)
January 26, 2017 Filing 221 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Summary Judgment #216 . The following error(s) was found: This document tendered for the judge's approval should have been submitted as a separate PDF attachment to the Motion, document number 214, or a Notice of Lodging, Local Rule 5-4.4.1. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv)
January 26, 2017 Filing 220 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Summary Judgment #215 . The following error(s) was found: Incorrect event selected. The correct event is: Responses/Replies/Other Motion Related Documents-Memorandum in Support of Motion. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv)
January 20, 2017 Filing 219 * STRICKEN * NOTICE OF MOTION AND MOTION for Summary Judgment as to First Counterclaim for Breach of Contract [Proposed] Order filed by Counterclaimant John Deyong Hu, Hu & Associates, LLC. Motion set for hearing on 2/21/2017 at 10:00 AM before Judge Manuel L. Real. (Gonzalez, Antonio) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 1/27/2017 #224 ** Modified on 1/30/2017 (gk).
January 20, 2017 Filing 218 NOTICE OF MOTION AND MOTION for Summary Judgment as to First Counterclaim for Breach of Contract Declaration of Antonio J. Gonzalez filed by Counterclaimant John Deyong Hu, Hu & Associates, LLC. Motion set for hearing on 2/21/2017 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Exhibit 32, #2 Exhibit 33) (Gonzalez, Antonio)
January 20, 2017 Filing 217 NOTICE OF MOTION AND MOTION for Summary Judgment as to First Counterclaim for Breach of Contract Declaration of John Hu filed by Counterclaimant John Deyong Hu. Motion set for hearing on 2/21/2017 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31) (Gonzalez, Antonio)
January 20, 2017 Filing 216 * STRICKEN * NOTICE OF MOTION AND MOTION for Summary Judgment as to First Counterclaim for Breach of Contract Separate Statement filed by Counterclaimant John Deyong Hu. Motion set for hearing on 2/21/2017 at 10:00 AM before Judge Manuel L. Real. (Gonzalez, Antonio) ** DOCUMENT STRICKEN PURSUANT TO THE RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS FILED 1/27/2017 #224 ** Modified on 1/30/2017 (gk).
January 20, 2017 Filing 215 NOTICE OF MOTION AND MOTION for Summary Judgment as to First Counterclaim for Breach of Contract Memorandum of Points and Authority filed by Counterclaimant John Deyong Hu. Motion set for hearing on 2/21/2017 at 10:00 AM before Judge Manuel L. Real. (Gonzalez, Antonio)
January 20, 2017 Filing 214 NOTICE OF MOTION AND MOTION for Summary Judgment as to First Counterclaim for Breach of Contract filed by Counterclaimant John Deyong Hu. Motion set for hearing on 2/21/2017 at 10:00 AM before Judge Manuel L. Real. (Gonzalez, Antonio)
January 20, 2017 Opinion or Order Filing 213 TEXT ONLY SCHEDULING ORDER RE-SETTING FINAL PRETRIAL CONFERENCE by Judge Manuel L. Real. Counsel and parties are notified that the Final Pretrial Conference set for January 23, 2017 is hereby continued and RE-SET on February 13, 2017 at 11:00 A.M. Counsel shall appear on the new date and time. (Final Pretrial Conference set for 2/13/2017 11:00 AM before Judge Manuel L. Real.) THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
January 16, 2017 Filing 212 NOTICE OF LODGING Proposed Pretrial Conference Order Counter Defendant Shoumin Zhang. (Attachments: #1 Proposed Order)(Chuan, Jason)
January 9, 2017 Opinion or Order Filing 211 ORDER: (1) GRANTING INTERVENOR AMERICANA ONE LLC'S MOTION FOR SUMMARY JUDGMENT; (2) DENYING PLAINTIFF SHOUMIN ZHANG'S MOTION FOR SUMMARY JUDGMENT; AND (3) GRANTING IN PART AND DENYING PART INTERVENOR AMERICANA ONE LLC'S MOTION TO DISMISS COUNTERCLAIMS AND STRIKE AFFIRMATIVE DEFENSES by Judge Manuel L. Real: IT IS HERBY ORDERED that Intervenor Americana One's Motion for Summary Judgment #121 is GRANTED. IT IS FURTHER ORDERED that Zhang's Motion for Summary Judgment #169 is DENIED. IT IS FURTHER ORDERED that Americana One's Motion to Dismiss Counterclaims and Strike Affirmative Defenses #181 is GRANTED as to Zhang's counterclaims and DENIED as moot as to Zhang's affirmative defenses. IT IS FURTHER ORDERED that Americana One shall be awarded $250,000 from the $500,000 interpleaded with this Court and the remaining $250,000 returned to Zhang. (gk)
January 6, 2017 Filing 210 REQUEST TO WITHDRAW ATTORNEY Gary Man Cong Wong as counsel of record filed by Defendants/Counterclaimants John Deyong Hu, Hu & Associates, LLC. (Wong, Gary)
December 30, 2016 Filing 209 Witness List filed by Intervenor Americana One, LLC.. (Chiao, Jeffrey)
December 22, 2016 Opinion or Order Filing 208 TEXT ONLY SCHEDULING ORDER CLARIFYING DATE TO LODGE THE FINAL PRETRIAL CONFERENCE ORDER by Judge Manuel L. Real. In light of the continuance of the Final Pretrial Conference, the Court now ORDERS that the joint final pretrial conference order shall be lodged on or before January 16, 2017. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
November 30, 2016 Filing 207 Witness List filed by plaintiff Shoumin Zhang.. (Chuan, Jason)
November 18, 2016 Opinion or Order Filing 205 TEXT ONLY SCHEDULING ORDER (IN CHAMBERS) TAKING MOTIONS UNDER SUBMISSION WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that the Defendant in Intervention Shoumin Zhangs Motion for Summary Judgment as to Complaint in Intervention, or in the Alternative, Summary Adjudication (Dckt. No. 169) and Intervenor Americana One, LLC.s Motion to Dismiss (Dckt. No. 181) set for hearing on November 21, 2016 at 10:00 A.M. is suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said Motions are taken UNDER SUBMISSION on the papers as filed and the hearing date of November 21, 2016 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
November 17, 2016 Opinion or Order Filing 206 MINUTE ORDER (IN CHAMBERS) MODIFYING DATES by Judge Manuel L. Real. Counsel are notified that the following dates in the above-entitled action are modified as follows: The Final Pretrial Conference is hereby RE-SET on January 23, 2017 at 11:00 a.m. The Jury Trial is hereby RE-SET on February 28, 2017 at 9:00 a.m. The hearing on the parties motions in limine (Dckt. Nos. 156, 157, 159, 160, 161, 170, 171, 172, 173, 179, 180, 182, 183, 184, 185) is hereby RE-SET on Tuesday, February 21, 2016 at 10:00 a.m. IT IS SO ORDERED. MINUTES (cch)
November 7, 2016 Filing 204 REPLY support MOTION IN LIMINE Six for Evidence Evidence #183 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Gonzalez, Antonio)
November 7, 2016 Filing 203 REPLY Reply in Support MOTION IN LIMINE Five for Evidence Evidence #184 filed by Intervenor Americana One, LLC. (Chiao, Jeffrey)
November 7, 2016 Filing 202 REPLY Reply in Support MOTION IN LIMINE Nine to Exclude Evidence #182 filed by Intervenor Americana One, LLC. (Attachments: #1 Declaration)(Chiao, Jeffrey)
November 7, 2016 Filing 201 REPLY Motions in Limine Nos. 2 & 3 Third MOTION IN LIMINE to Exclude Recording and Transcript of October 2014 Meeting #172 , Second MOTION IN LIMINE to Exclude Plaintiff's Market Value Opinion #171 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Gonzalez, Antonio)
November 7, 2016 Filing 200 REPLY reply in support of a motion NOTICE OF MOTION AND MOTION to Dismiss Claims and Affirmative Defenses #181 filed by Intervenor Americana One, LLC. (Attachments: #1 Declaration)(Chiao, Jeffrey)
November 7, 2016 Filing 199 REPLY in support of NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint in Intervention or, in the alternative, Summary Adjudication #169 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Declaration of Jason Chuan, #2 Request for Judicial Notice, #3 Objections to Americana's Evidence, #4 Objection and Request to Strike Declaration of John Deyong Hu)(Chuan, Jason)
November 4, 2016 Filing 198 NOTICE OF MOTION AND MOTION to Withdraw MOTION IN LIMINE 3 to Exclude John D. Hu and Hu & Associates, LLC's Affirmative Defenses #158 filed by Counter-Defendant Shoumin Zhang. Motion set for hearing on 11/7/2016 at 10:00 AM before Judge Manuel L. Real. (Chuan, Jason)
October 31, 2016 Filing 197 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint in Intervention or, in the alternative, Summary Adjudication #169 filed by Intervenor Americana One, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Supplement Separate Statement, #12 Declaration, #13 Declaration)(Chiao, Jeffrey)
October 31, 2016 Filing 196 OPPOSITION to MOTION IN LIMINE Nine to Exclude Evidence #182 filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
October 31, 2016 Filing 195 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Claims and Affirmative Defenses #181 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Declaration of Mary Sun)(Chuan, Jason)
October 31, 2016 Filing 194 OPPOSITION to Eighth MOTION IN LIMINE to Exclude Expert Testimony of Stephen Strauss #180 filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
October 31, 2016 Filing 193 OPPOSITION to Seventh MOTION IN LIMINE to Preclude Excerpts of Expert Reports in Lieu of Live Testimony #179 filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
October 31, 2016 Filing 192 OPPOSITION to MOTION IN LIMINE Six for Evidence Evidence #183 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Declaration of Shawn Han, #2 Declaration of Shoumin Zhang)(Chuan, Jason)
October 31, 2016 Filing 191 OPPOSITION to MOTION IN LIMINE Five for Evidence Evidence #184 , MOTION IN LIMINE Five for Evidence Evidence #185 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Declaration of Shoumin Zhang, #2 Declaration of Mary Sun)(Chuan, Jason)
October 31, 2016 Filing 190 OPPOSITION to Fourth MOTION IN LIMINE to Exclude Bases for concealment & deceit claim unpled in the First Amended Complaint #173 filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
October 31, 2016 Filing 189 OPPOSITION to Third MOTION IN LIMINE to Exclude Recording and Transcript of October 2014 Meeting #172 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Declaration of Shoumin Zhang, #2 Declaration of Cui Qing Wei, #3 Declaration of Mary Sun)(Chuan, Jason)
October 31, 2016 Filing 188 OPPOSITION to Second MOTION IN LIMINE to Exclude Plaintiff's Market Value Opinion #171 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Declaration of Shoumin Zhang)(Chuan, Jason)
October 31, 2016 Filing 187 OPPOSITION in opposition to re: First MOTION IN LIMINE to Exclude Bases for fraud claim unpled in the First Amended Complaint #170 filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
October 27, 2016 Opinion or Order Filing 186 ORDER by Judge Manuel L. Real: GRANTING JOHN DEYONG HU AND HU & ASSOCIATES, LLCSMOTION FOR SUMMARY JUDGMENT #124 . (See order for details). (shb)
October 25, 2016 Filing 185 NOTICE OF MOTION AND MOTION IN LIMINE Five for Evidence Evidence filed by Intervenor Americana One, LLC. Motion set for hearing on 11/21/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Chiao, Jeffrey)
October 24, 2016 Filing 184 NOTICE OF MOTION AND MOTION IN LIMINE Five for Evidence Evidence filed by Intervenor Americana One, LLC. Motion set for hearing on 11/21/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Memorandum, #2 Proposed Order, #3 Exhibit, #4 Exhibit)(Chiao, Jeffrey)
October 24, 2016 Filing 183 NOTICE OF MOTION AND MOTION IN LIMINE Six for Evidence Evidence filed by Intervenor Americana One, LLC. Motion set for hearing on 11/21/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Memorandum, #2 Proposed Order)(Chiao, Jeffrey)
October 24, 2016 Filing 182 NOTICE OF MOTION AND MOTION IN LIMINE Nine to Exclude Evidence filed by Intervenor Americana One, LLC. Motion set for hearing on 11/21/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Memorandum, #2 Proposed Order)(Chiao, Jeffrey)
October 24, 2016 Filing 181 NOTICE OF MOTION AND MOTION to Dismiss Claims and Affirmative Defenses filed by Intervenor Americana One, LLC. Motion set for hearing on 11/21/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Memorandum, #2 Proposed Order) (Chiao, Jeffrey)
October 24, 2016 Filing 180 NOTICE OF MOTION AND Eighth MOTION IN LIMINE to Exclude Expert Testimony of Stephen Strauss filed by Defendants and Counterclaimants John Deyong Hu, Hu & Associates, LLC. Motion set for hearing on 11/21/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Proposed Order Proposed Order Motion in Limine No. 8)(Gonzalez, Antonio)
October 24, 2016 Filing 179 NOTICE OF MOTION AND Seventh MOTION IN LIMINE to Preclude Excerpts of Expert Reports in Lieu of Live Testimony filed by Defendants and Counterclaimants John Deyong Hu, Hu & Associates, LLC. Motion set for hearing on 11/21/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration Declaration of Antonio J. Gonzalez Motion in Limine No. 7, #2 Exhibit Exhibit A to Declaration of Antonio J. Gonzalez, #3 Exhibit Exhibit B to Declaration of Antonio J. Gonzalez, #4 Proposed Order Proposed Order Motion in Limine No. 7)(Gonzalez, Antonio)
October 24, 2016 Filing 178 REPLY in Support of MOTION IN LIMINE 6 to Preclude Expert Testimony for John D. Hu and Hu & Associates, LLC #161 , MOTION IN LIMINE 5 to Preclude Expert Testimony of Americana One #160 filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
October 24, 2016 Filing 177 REPLY in Support of MOTION IN LIMINE 4 to Exclude Evidence Relating to Hiring Mary Sun as Counsel #159 filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
October 24, 2016 Filing 176 REPLY in Support of MOTION IN LIMINE 3 to Exclude John D. Hu and Hu & Associates, LLC's Affirmative Defenses #158 filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
October 24, 2016 Filing 175 REPLY in Support of MOTION IN LIMINE 2 to Exclude Evidence of Americana One's Damages #157 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Declaration of Jason Chuan)(Chuan, Jason)
October 24, 2016 Filing 174 REPLY in Support of MOTION IN LIMINE 1 to Exclude Expert and Lay Opinion Testimony of John D. Hu #156 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Declaration of Jason Chuan)(Chuan, Jason)
October 24, 2016 Filing 173 NOTICE OF MOTION AND Fourth MOTION IN LIMINE to Exclude Bases for concealment & deceit claim unpled in the First Amended Complaint filed by Defendants and Counterclaimants John Deyong Hu, Hu & Associates, LLC. Motion set for hearing on 11/21/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Proposed Order Proposed Order Motion in Limine No. 4)(Gonzalez, Antonio)
October 24, 2016 Filing 172 NOTICE OF MOTION AND Third MOTION IN LIMINE to Exclude Recording and Transcript of October 2014 Meeting filed by Defendants and Counterclaimants John Deyong Hu, Hu & Associates, LLC. Motion set for hearing on 11/21/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Proposed Order Proposed Order Motion in Limine No. 3)(Gonzalez, Antonio)
October 24, 2016 Filing 171 NOTICE OF MOTION AND Second MOTION IN LIMINE to Exclude Plaintiff's Market Value Opinion filed by Defendants and Counterclaimants John Deyong Hu, Hu & Associates, LLC. Motion set for hearing on 11/21/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration Declaration of Antonio J. Gonzalez, #2 Exhibit Exhibit A to Declaration of Antonio J. Gonzalez, #3 Proposed Order Proposed Order Motion in Limine No. 2)(Gonzalez, Antonio)
October 24, 2016 Filing 170 NOTICE OF MOTION AND First MOTION IN LIMINE to Exclude Bases for fraud claim unpled in the First Amended Complaint filed by Defendants and Counterclaimants John Deyong Hu, Hu & Associates, LLC. Motion set for hearing on 11/21/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Proposed Order Proposed Order Motion in Limine No. 1)(Gonzalez, Antonio)
October 19, 2016 Filing 169 NOTICE OF MOTION AND MOTION for Summary Judgment as to Complaint in Intervention or, in the alternative, Summary Adjudication filed by Defendant in Intervention Shoumin Zhang. Motion set for hearing on 11/21/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Statement of Undisputed Material Facts, #2 Declaration of Mary Sun (Part 1), #3 Declaration of Mary Sun (Part 2), #4 Declaration of Shoumin Zhang, #5 Proposed Order) (Chuan, Jason)
October 17, 2016 Filing 168 MEMORANDUM in Opposition to MOTION IN LIMINE 4 to Exclude Evidence Relating to Hiring Mary Sun as Counsel #159 filed by Intervenor Americana One, LLC. (Chiao, Jeffrey)
October 17, 2016 Filing 167 MEMORANDUM in Opposition to MOTION IN LIMINE 2 to Exclude Evidence of Americana One's Damages #157 filed by Intervenor Americana One, LLC. (Chiao, Jeffrey)
October 17, 2016 Filing 166 MEMORANDUM in Opposition to MOTION IN LIMINE 6 to Preclude Expert Testimony for John D. Hu and Hu & Associates, LLC #161 , MOTION IN LIMINE 5 to Preclude Expert Testimony of Americana One #160 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Gonzalez, Antonio)
October 17, 2016 Filing 165 MEMORANDUM in Opposition to MOTION IN LIMINE 1 to Exclude Expert and Lay Opinion Testimony of John D. Hu #156 filed by Intervenor Americana One, LLC. (Chiao, Jeffrey)
October 17, 2016 Filing 164 MEMORANDUM in Opposition to MOTION IN LIMINE 3 to Exclude John D. Hu and Hu & Associates, LLC's Affirmative Defenses #158 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Gonzalez, Antonio)
October 17, 2016 Filing 163 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendants' Reply Paper in Support of Motion for Summary Judgment or in the Alternative for Partial Summary Judgment filed 10/3/2016 #143 . The following error(s) was found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk)
October 11, 2016 Filing 162 MINUTES OF Status Conference Re: Final Pretrial Conference held before Judge Manuel L. Real: The Court continues the Final Pretrial Conference to 11/21/2016 10:00 AM before Judge Manuel L. Real. The Jury Trial set in this matter is vacated, and will be reset at the Final Pretrial Conference. Court Reporter: Sheri Kleeger. (gk)
October 7, 2016 Filing 161 NOTICE OF MOTION AND MOTION IN LIMINE 6 to Preclude Expert Testimony for John D. Hu and Hu & Associates, LLC filed by Plaintiff Shoumin Zhang. Motion set for hearing on 11/7/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration of Jason Chuan, #2 Proposed Order)(Chuan, Jason)
October 7, 2016 Filing 160 NOTICE OF MOTION AND MOTION IN LIMINE 5 to Preclude Expert Testimony of Americana One filed by Plaintiff Shoumin Zhang. Motion set for hearing on 11/7/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration of Jason Chuan, #2 Proposed Order)(Chuan, Jason)
October 7, 2016 Filing 159 NOTICE OF MOTION AND MOTION IN LIMINE 4 to Exclude Evidence Relating to Hiring Mary Sun as Counsel filed by Plaintiff Shoumin Zhang. Motion set for hearing on 11/7/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Proposed Order)(Chuan, Jason)
October 7, 2016 Filing 158 NOTICE OF MOTION AND MOTION IN LIMINE 3 to Exclude John D. Hu and Hu & Associates, LLC's Affirmative Defenses filed by Plaintiff Shoumin Zhang. Motion set for hearing on 11/7/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Proposed Order)(Chuan, Jason)
October 7, 2016 Filing 157 NOTICE OF MOTION AND MOTION IN LIMINE 2 to Exclude Evidence of Americana One's Damages filed by Plaintiff Shoumin Zhang. Motion set for hearing on 11/7/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration of Jason Chuan, #2 Proposed Order)(Chuan, Jason)
October 7, 2016 Filing 156 NOTICE OF MOTION AND MOTION IN LIMINE 1 to Exclude Expert and Lay Opinion Testimony of John D. Hu filed by Plaintiff Shoumin Zhang. Motion set for hearing on 11/7/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration of Jason Chuan, #2 Proposed Order)(Chuan, Jason)
October 7, 2016 Filing 155 COUNTERCLAIM against Intervenor Americana One, LLC; Jury Demand, filed by Defendant in Intervention and Counterclaimant Shoumin Zhang.(Chuan, Jason)
October 7, 2016 Filing 154 NOTICE OF LODGING Proposed Pretrial Conference Order Intervenor Americana One, LLC. (Attachments: #1 Proposed Order, #2 Declaration, #3 Declaration)(Chiao, Jeffrey)
October 6, 2016 Filing 153 NOTICE OF LODGING filed for Certified Deposition Transcripts re MEMORANDUM in Opposition to Motion,, #137 , MEMORANDUM in Opposition to Motion, #138 (Chuan, Jason)
October 5, 2016 Filing 152 Notice of Appearance or Withdrawal of Counsel filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC (Gonzalez, Antonio)
October 5, 2016 Filing 151 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum of Contentions of Fact and Law #128 . The following error(s) was found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv)
October 5, 2016 Filing 150 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION for Summary Judgment #124 . The following error(s) was found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. Local Rule 56-1 Statement of Uncontroverted Facts and/or proposed Judgment lacking. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv)
October 5, 2016 Filing 149 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Exhibit List #123 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv)
October 5, 2016 Filing 148 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum of Contentions of Fact and Law #122 . The following error(s) was found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv)
October 4, 2016 Filing 147 SCHEDULING NOTICE TAKING MOTIONS UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that the Motion's #121 and #124 set for hearing on October 17, 2016 at 10:00 A.M., are suitable for a decision on the papers as filed by all parties, without the need for oral argument; therefore, the said Motions are taken UNDER SUBMISSION on the papers as filed, and the hearing date of October 17, 2016 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iv) TEXT ONLY ENTRY
October 4, 2016 Filing 146 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to First Amended Complaint #121 . The following error(s) was found: Local Rule 56-1 Statement of Uncontroverted Facts and/or proposed Judgment lacking. Other error(s) with document(s) are specified below: Motion lacks a formally noticed hearing date, Local Rule 7-4, however, filer has placed this matter for 10/17/2016 at 10:00 AM. Proposed Judgment/Order not submitted. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (clee)
October 4, 2016 Filing 145 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum of Contentions of Fact and Law #119 . The following error(s) was found: Local Rule 11-6 Memorandum/brief exceeds 25 pages. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (clee)
October 3, 2016 Filing 144 REPLY In Support of Intervenor Motion for Summary Judgment NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to First Amended Complaint #121 filed by Intervenor Americana One, LLC. (Attachments: #1 Supplement Evidentiary Objection, #2 Exhibit Exhibit 8, #3 Exhibit Exhibit 9 to 12, #4 Exhibit Exhibit 13 A to I, #5 Exhibit Exhibit 13 J to P, #6 Exhibit Exhibit 14 to 16, #7 Declaration Jeffrey Chiao, #8 Declaration John D. Hu)(Chiao, Jeffrey)
October 3, 2016 Filing 143 REPLY In Support NOTICE OF MOTION AND MOTION for Summary Judgment as to All causes of actions NOTICE OF MOTION AND MOTION for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Summary Adjudication #124 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Attachments: #1 Declaration Wong, #2 Declaration Hu, #3 Supplement Evidentiary Objections, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 6A, #11 Exhibit 6B, #12 Exhibit 6C, #13 Exhibit 6D, #14 Exhibit 6E, #15 Exhibit 6F, #16 Exhibit 6G, #17 Exhibit 6H, #18 Exhibit 6I, #19 Exhibit 6J, #20 Exhibit 6K, #21 Exhibit 6L, #22 Exhibit 6M, #23 Exhibit 6N, #24 Exhibit 6O, #25 Exhibit 6P, #26 Exhibit 7)(Wong, Gary)
October 3, 2016 Filing 142 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Shoumin Zhang. (Attachments: #1 Proposed Order, #2 Declaration of Jason Chuan)(Chuan, Jason)
October 1, 2016 Opinion or Order Filing 140 TEXT ONLY SCHEDULING ORDER RE: FINAL PRETRIAL CONFERENCE by Judge Manuel L. Real. Counsel are notified that the Final Pretrial Conference set for October 11, 2016 at 11:00 a.m. is hereby ADVANCED AS TO THE TIME ONLY to 10:00 a.m. The date of the hearing remains the same. Counsel shall appear on the same date at the new time. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
September 28, 2016 Opinion or Order Filing 141 ORDER GRANTING IN PART AND DENYING IN PART CROSS-DEFENDANT SHOUMIN ZHANG'S MOTION TO DISMISS CLAIMS OF COMPLAINT IN INTERVENTION by Judge Manuel L. Real: IT IS HEREBY ORDERED that Cross-Defendant Zhang's Motion to Dismiss #113 is GRANTED as to Americana One's first cause of action for specific performance for breach of contract. IT IS HEREBY ORDERED that Cross-Defendant Zhang's Motion to Dismiss #113 is DENIED as to Zhang's challenges to Americana One's allegation for breach of confidentiality and request for attorney's fees. (gk)
September 27, 2016 Filing 139 SCHEDULING NOTICE TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that Plaintiff Shoumin Zhangs Motion to Dismiss Claims from Complaint in Intervention #113 set for hearing on October 3, 2016 at 10:00 A.M., is suitable for a decision on the papers as filed by all parties, without the need for oral argument; therefore, the said Motion is taken UNDER SUBMISSION on the papers as filed, and the hearing date of October 3, 2016 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iv) TEXT ONLY ENTRY
September 26, 2016 Filing 138 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to First Amended Complaint #121 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Statement of Genuine Disputes, #2 Declaration of Mary Sun, #3 Declaration of Shoumin Zhang, #4 Exhibit Part 2 to Declaration of Shoumin Zhang, #5 Request for Judicial Notice, #6 Objections to Americana One's Evidence)(Chuan, Jason)
September 26, 2016 Filing 137 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to All causes of actions NOTICE OF MOTION AND MOTION for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Summary Adjudication #124 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Statement of Genuine Disputes, #2 Declaration of Jason Chuan, #3 Declaration of Shoumin Zhang, #4 Exhibit Part 2 to Declaration of Shoumin Zhang, #5 Request for Judicial Notice)(Chuan, Jason)
September 22, 2016 Opinion or Order Filing 136 ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION #133 by Judge Manuel L. Real. (gk)
September 22, 2016 Filing 135 MEMORANDUM in Opposition to EX PARTE APPLICATION to Continue hearing from 10/17/2016 to 10/31/2016 Re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to First Amended Complaint #121 , NOTICE OF MOTION AND MOTION for Summary Judgment as to All causes #133 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Attachments: #1 Declaration Wong, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Proposed Order)(Wong, Gary)
September 21, 2016 Filing 134 Witness List filed by Plaintiff Shoumin Zhang.. (Chuan, Jason)
September 21, 2016 Filing 133 EX PARTE APPLICATION to Continue hearing from 10/17/2016 to 10/31/2016 Re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to First Amended Complaint #121 , NOTICE OF MOTION AND MOTION for Summary Judgment as to All causes of actions NOTICE OF MOTION AND MOTION for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Summary Adjudication #124 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Memorandum in Support, #2 Declaration of Jason Chuan, #3 Declaration of Mary Sun, #4 Proposed Order) (Chuan, Jason)
September 20, 2016 Filing 132 Exhibit List filed by Plaintiff Shoumin Zhang.. (Chuan, Jason)
September 20, 2016 Filing 131 SECOND AMENDED Exhibit List filed by Defendants John Deyong Hu, Hu & Associates, LLC.. (Wong, Gary)
September 20, 2016 Filing 130 AMENDED Exhibit List filed by Defendants John Deyong Hu, Hu & Associates, LLC.. (Wong, Gary)
September 20, 2016 Filing 129 Witness List filed by Defendants John Deyong Hu, Hu & Associates, LLC.. (Wong, Gary)
September 20, 2016 Filing 128 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Intervenor Americana One, LLC. (Attachments: #1 Exhibit Exhibit List, #2 Witness List)(Chiao, Jeffrey)
September 20, 2016 Filing 127 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Summary Judgment as to All causes of actions NOTICE OF MOTION AND MOTION for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Summary Adjudication #124 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Attachments: #1 Exhibit 15, #2 Exhibit 16, #3 Exhibit 17, #4 Exhibit 18)(Wong, Gary)
September 20, 2016 Filing 126 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Summary Judgment as to All causes of actions NOTICE OF MOTION AND MOTION for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Summary Adjudication #124 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Exhibit 9, #4 Exhibit 10, #5 Exhibit 11, #6 Exhibit 12, #7 Exhibit 13, #8 Exhibit 14)(Wong, Gary)
September 20, 2016 Filing 125 SUPPLEMENT to NOTICE OF MOTION AND MOTION for Summary Judgment as to All causes of actions NOTICE OF MOTION AND MOTION for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Summary Adjudication #124 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Wong, Gary)
September 20, 2016 Filing 124 NOTICE OF MOTION AND MOTION for Summary Judgment as to All causes of actions , NOTICE OF MOTION AND MOTION for Partial Summary Judgment , NOTICE OF MOTION AND MOTION for Summary Adjudication filed by Defendants John Deyong Hu, Hu & Associates, LLC. Motion set for hearing on 10/17/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Memorandum, #2 Supplement, #3 Declaration Wong, #4 Declaration HU) (Wong, Gary)
September 20, 2016 Filing 123 Witness List filed by Defendants John Deyong Hu, Hu & Associates, LLC.. (Wong, Gary)
September 20, 2016 Filing 122 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendants John Deyong Hu, Hu & Associates, LLC. (Wong, Gary)
September 19, 2016 Filing 121 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to First Amended Complaint filed by Intervenor Americana One, LLC. Motion set for hearing on 10/17/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration, #2 Declaration, #3 Separate Statement, #4 Request for Judicial Notice, #5 Exhibit, #6 Exhibit) (Chiao, Jeffrey)
September 19, 2016 Filing 120 Witness List filed by Plaintiff Shoumin Zhang.. (Chuan, Jason)
September 19, 2016 Filing 119 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
September 19, 2016 Filing 118 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Claims from Complaint in Intervention #113 filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
September 15, 2016 Opinion or Order Filing 117 ORDER DENYING PLAINTIFF'S MOTION TO COMPEL by Judge Manuel L. Real: Before the Court is Plaintiff's Motion to Compel, which was filed on 8/25/2016 #108 . Plaintiff seeks an order from this Court compelling Defendant Hu & Associates, LLC (the "Hu Law Firm") to organize and label its recent production in accordance with Plaintiff's requests for production. Pursuant to the plain language of Rule 34(b)(2)(E)(i), the Hu Law Firm is under no further obligation to organize or label the documents for Plaintiff's convenience. IT IS HEREBY ORDERED that Plaintiff's Motion to Compel is DENIED. (gk)
September 14, 2016 Opinion or Order Filing 116 SCHEDULING ORDER (IN CHAMBERS) TAKING MOTION UNDER SUBMISSION WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that the motions set for hearing in this matter on September 19, 2016 at 10:00 A.M. is suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said Motions are taken UNDER SUBMISSION on the papers as filed and the hearing date of September 19, 2016 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
September 12, 2016 Filing 115 OPPOSITION In opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Claims from Complaint in Intervention #113 filed by Intervenor Americana One, LLC. (Chiao, Jeffrey)
September 12, 2016 Filing 114 NOTICE OF MOTION AND MOTION to Withdraw First MOTION to Compel Deposition of SHOUMIN ZHANG #106 filed by Defendants John Deyong Hu, Hu & Associates, LLC. Motion set for hearing on 9/19/2016 at 10:00 AM before Judge Manuel L. Real. (Wong, Gary)
September 5, 2016 Filing 113 NOTICE OF MOTION AND MOTION to Dismiss Claims from Complaint in Intervention filed by Plaintiff Shoumin Zhang. Motion set for hearing on 10/3/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order) (Chuan, Jason)
September 5, 2016 Filing 112 RESPONSE IN SUPPORT of MOTION to Compel Organization and Labeling of Documents Produced by Hu & Associates, LLC #108 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Declaration of Mary Sun)(Chuan, Jason)
September 5, 2016 Filing 111 RESPONSE IN SUPPORT of First MOTION to Compel Deposition of SHOUMIN ZHANG #106 filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
August 30, 2016 Opinion or Order Filing 110 ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION TO MODIFY SCHEDULING ORDER by Judge Manuel L. Real: This Court is not persuaded that good cause exists to modify the current scheduling order. First, Plaintiff has sufficient time to respond to Americana One's Complaint in Interventionin fact, Plaintiff acknowledges this but complains that the new round of pleadings would not conclude until a week before the currently set trial date. Second, Plaintiff has had sufficient time to propound discovery upon Americana Oneindeed, on August 18 and 19, Plaintiff propounded 1,009 written discovery requests upon Americana One as well as non-parties American Franchise Regional Center, Americana Project One, and Agnes Yen. Finally, the Court declines to grant Plaintiff's application on the basis that Plaintiff is unable to be deposed by the current discovery cut-off date, 9/19/2016. Plaintiff asserts that she cannot return to the United States until 9/30/2016, at the earliest, due to surgery she underwent for her knee injuries. However, the Court has already rejected Plaintiff and Defendants Deyong Hu and Hu & Associates, LLC's Joint Stipulation to Continue Pretrial and Trial Deadlines made on this same basis, and declines to grant such a continuation now. IT IS HEREBY ORDERED that Plaintiff's Ex Parte Application to Modify the Scheduling Order #105 is DENIED. (gk)
August 30, 2016 Filing 109 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Compel Organization and Labeling of Documents Produced by Hu & Associates, LLC #108 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Other error(s) with document(s) are specified below: The filer placed this matter on calendar for 9/19/2016 at 8:30 AM. The face of the filing reflects a hearing date of 9/19/2016 at 10:00 AM. As Judge Real hears civil motions on the first and third Mondays of the month at 10:00 AM, clerk shall reset this matter for hearing on 9/19/2016 at 10:00 AM. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (clee)
August 25, 2016 Filing 108 NOTICE OF MOTION AND MOTION to Compel Organization and Labeling of Documents Produced by Hu & Associates, LLC filed by Plaintiff Shoumin Zhang. Motion set for hearing on 9/19/2016 at 08:30 AM before Judge Manuel L. Real. (Attachments: #1 Declaration of Jason Chuan, #2 Exhibit to Declaration of Jason Chuan, #3 Declaration of Gary Wong)(Chuan, Jason)
August 23, 2016 Filing 107 OPPOSITION In opposition to re: EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 3/20/2017 #105 filed by Intervenor Americana One, LLC. (Chiao, Jeffrey)
August 23, 2016 Filing 106 NOTICE OF MOTION AND First MOTION to Compel Deposition of SHOUMIN ZHANG filed by Defendants John Deyong Hu, Hu & Associates, LLC. Motion set for hearing on 9/19/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration Wong, #2 Declaration Plaintiff Zhang, #3 Declaration Chuan)(Wong, Gary)
August 22, 2016 Filing 105 EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 3/20/2017 filed by Plaintiff and Counter-Defendant Shoumin Zhang. (Attachments: #1 Memorandum in Support, #2 Declaration of Jason Chuan, #3 Declaration of Shoumin Zhang, #4 Proposed Order) (Chuan, Jason)
August 17, 2016 Opinion or Order Filing 104 ORDER GRANTING INTERVENOR AMERICANA ONE, LLC'S MOTION TO INTERVENE AND APPROVING IN PART PARTIES' STIPULATION TO PERMIT AMERICANA ONE TO INTERVENE AS A PARTY TO THIS ACTION by Judge Manuel L. Real. Before the Court are Intervenor Americana One, LLC's ["Intervenor's"] Motion to Intervene, which was filed on July 14, 2016 #94 , and all parties' Stipulation Permitting Americana One, LLC to Intervene, which was filed on July 22, 2016 #96 . This matter was taken under submission on August 10, 2016. IT IS HEREBY ORDERED that Intervenor Americana One, LLCs Motion to Intervene is GRANTED. (iv)
August 16, 2016 Opinion or Order Filing 103 ORDER DENYING DEFENDANTS' MOTION TO QUASH SERVICE OF SUBPOENA by Judge Manuel L. Real. Before the Court is Defendants' Motion to Quash Service of Subpoena, which was filed on July 7, 2016 #91 . This matter was taken under submission on August 10, 2016. IT IS HEREBY ORDERED that Defendants' Motion to Quash Service of Subpoena is DENIED. (iv)
August 10, 2016 Filing 102 SCHEDULING NOTICE TAKING MOTIONS UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that Defendants' Motion to Dismiss #91 and Motion to Intervene #94 set for hearing on August 15, 2016 at 10:00 A.M. are suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said Motions are taken UNDER SUBMISSION on the papers as filed and the hearing date of August 15, 2016 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
August 8, 2016 Opinion or Order Filing 101 ORDER by Judge Manuel L. Real DENYING Regarding Joint Stipulation to Continue Pretrial and Trial Deadlines #100 . NO GOOD CAUSE IS SHOWN. (jp)
August 5, 2016 Filing 100 Joint STIPULATION to Extend Discovery Cut-Off Date to January 23, 2017 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Proposed Order)(Chuan, Jason)
August 1, 2016 Filing 99 REPLY In Support Of filed by Defendant Americana One, LLC. (Chiao, Jeffrey)
July 25, 2016 Filing 97 OPPOSITION to AGNES YEN, AMERICAN FRANCHISE REGIONAL CENTER, LLC, AMERICANA ONE, LLC, and AMERICANA PROJECT ONE, LLC's NOTICE OF MOTION AND MOTION TO QUASH SERVICE OF SUBPOENA filed by Plaintiff Shoumin Zhang. (Attachments: #1 Declaration of Mary Sun, #2 Declaration of Jason Chuan)(Chuan, Jason)
July 22, 2016 Opinion or Order Filing 98 ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #85 filed by John Deyong Hu, Hu & Associates, LLC. CCA # 16-55810. This appeal is dismissed. See Fed. R. App. P. 42(b); 9thCir. R. 27-9.1. This order served on the district court shall constitute the mandate of this court. (car)
July 22, 2016 Filing 96 STIPULATION PERMITTING AMERICANA ONE TO INTERVENE AS A PARTY TO THIS ACTION re NOTICE OF MOTION AND MOTION to Intervene #94 filed by Defendant Americana One, LLC. (Attachments: #1 Exhibit Lodged Complaint in Intervention)(Chiao, Jeffrey)
July 20, 2016 Opinion or Order Filing 95 ORDER GRANTING IN PART PLAINTIFF'S MOTION FOR ATTORNEYS' FEES #83 by Judge Manuel L. Real. IT IS HEREBY ORDERED that Plaintiff's Motion for Attorney's Fees is GRANTED in part, in the amount of $31,990.00. (lom)
July 14, 2016 Filing 94 NOTICE OF MOTION AND MOTION to Intervene filed by Intervenor Americana One, LLC. Motion set for hearing on 8/15/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Memorandum Points & Authorities & Proposed Complaint in Intervention, #2 Declaration Jeffrey Chiao Declaration) (Chiao, Jeffrey)
July 13, 2016 Filing 93 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion, #91 . The following error(s) was found: Incorrect event selected. The correct event is: DISCOVERY Motions -Quash Subpoena. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv)
July 12, 2016 Filing 92 SCHEDULING NOTICE TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that Counter-Defendant Shoumin-Zhang's Motion for Attorney Fees #83 set for hearing on July 18, 2016 at 10:00 A.M., is suitable for a decision on the papers as filed by all parties, without the need for oral argument; therefore, the said Motion is taken UNDER SUBMISSION on the papers as filed, and the hearing date of July 18, 2016 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iv) TEXT ONLY ENTRY
July 7, 2016 Filing 91 NOTICE OF MOTION re NOTICE OF MOTION AND MOTION to Dismiss Defendant Americana One, LLC, Agnes Yen, American Franchise Regional Center, LLC #23 filed by Defendants American Franchise Regional Center, LLC, Americana One, LLC, Agnes Yen. Motion set for hearing on 8/15/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Memorandum Points and Authorities)(Chiao, Jeffrey)
July 5, 2016 Filing 90 NOTICE of Taking Deposition of Shoumin Zhang on 07/25/2016 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Wong, Gary)
July 1, 2016 Filing 89 REPLY in support of NOTICE OF MOTION AND MOTION for Attorney Fees #83 filed by Counter Defendant Shoumin Zhang. (Attachments: #1 Declaration of Jason Chuan, #2 Declaration of Mary Sun, #3 Declaration of George Ashkar)(Chuan, Jason)
June 16, 2016 Filing 88 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Attorney Fees #83 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Attachments: #1 Exhibit A, B, #2 Declaration Wong)(Wong, Gary)
June 7, 2016 Filing 87 NOTIFICATION by Circuit Court of Appellate Docket Number 16-55810, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals, #85 as to defendants John Deyong Hu, Hu & Associates, LLC. (mat)
June 7, 2016 Filing 86 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, #85 . (Wong, Gary)
June 7, 2016 Filing 85 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants John Deyong Hu, Hu & Associates, LLC. Appeal of Order on Motion to Strike,, #72 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-17949974.) (Attachments: #1 Exhibit Order on Motion to Strike)(Wong, Gary)
June 5, 2016 Opinion or Order Filing 84 ORDER (IN CHAMBERS) SETTING PRE-TRIAL & TRIAL DATES by Judge Manuel L. Real.COUNSEL ARE NOTIFIED that this action is hereby placed on calendar for FINAL PRE-TRIAL CONFERENCE on OCTOBER 11, 2016 AT 11:00 A.M. Memoranda of Contentions of Fact and Law, Exhibit Lists and Witness Lists shall be filed and served on or before SEPTEMBER 19, 2016, which date will also serve as the discovery cut-off date in this action. There is no Motion Cut-Off Date set. PRE-TRIAL CONFERENCE ORDER shall be lodged with this Court on or before OCTOBER 3, 2016. JURY TRIAL DATE is set as NOVEMBER 8, 2016 AT 9:00 A.M. IT IS SO ORDERED. (cch)
June 3, 2016 Filing 83 NOTICE OF MOTION AND MOTION for Attorney Fees filed by Counter-Defendant Shoumin Zhang. Motion set for hearing on 7/18/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration of Jason Chuan in Support, #2 Declaration of Mary Sun in Support, #3 Proposed Order) (Chuan, Jason)
May 18, 2016 Filing 82 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Report Rule 26(f) Discovery Plan #81 . The following error(s) was found: Other error(s) with document(s) are specified below: The signature of defense counsel is represented on the document with a "/s/." The filer does not indicate that the other signatory listed concurs in the filing's content and has authorized the filing, Local Rule 5-4.3.4(a)(2)(i). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (clee)
May 16, 2016 Filing 81 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5, filed by Plaintiff Shoumin Zhang.. (Chuan, Jason)
May 11, 2016 Opinion or Order Filing 80 ORDER DENYING PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT by Judge Manuel L. Real: Before the Court is Plaintiff's Motion for Leave to File Second Amended Complaint, which was filed on April 4, 2016. (Dkt. No. #70 ). This matter was taken under submission on April 27, 2016. IT IS HEREBY ORDERED that Plaintiff's Motion for Leave to File Second Amended Complaint is DENIED in part. (clee)
May 6, 2016 Opinion or Order Filing 79 ORDER DENYING DEFENDANTS' MOTION FOR SANCTIONS by Judge Manuel L. Real: IT IS HEREBY ORDERED that Defendants' Motion for Sanctions Pursuant to Federal Rule of Civil Procedure 11 #65 is DENIED. Plaintiff's counter-request to impose sanctions on Defendants for having filed and not withdrawn this Motion likewise must be rejected. (gk)
April 27, 2016 Filing 78 SCHEDULING NOTICE TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that Defendant/Counterclaimants John Deyon Hu, Hu & Associates, LLC's Motion for Sanctions Pursuant to Rule 11 (Docket No. #65 ) and Plaintiff Shoumin Zhang's Motion for Leave to File a Second Amended Complaint (Docket No. #70 ) set for hearing on May 2, 2016 at 10:00 A.M., are suitable for a decision on the papers as filed by all parties, without the need for oral argument; therefore, the said Motions are taken UNDER SUBMISSION on the papers as filed, and the hearing date of May 2, 2016 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
April 18, 2016 Filing 77 REPLY in Support NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #70 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Proposed Second Amended Complaint)(Chuan, Jason)
April 15, 2016 Filing 76 ANSWER to Amended Counterclaim, #39 , Amended Counterclaim, #67 , Amended Counterclaim, #40 filed by Plaintiff and Counter-Defendant Shoumin Zhang.(Chuan, Jason)
April 15, 2016 Filing 75 REPLY in support NOTICE OF MOTION AND MOTION for Sanctions Sanctions Pursuant to Rule 11 #65 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Attachments: #1 Declaration Gary Wong, #2 Exhibit A, B)(Wong, Gary)
April 12, 2016 Filing 74 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #70 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Attachments: #1 Declaration Gary Wong, #2 Exhibit A, B, C, #3 Exhibit D, E, F, G)(Wong, Gary)
April 11, 2016 Filing 73 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Sanctions Sanctions Pursuant to Rule 11 #65 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Declaration of Jason Chuan)(Chuan, Jason)
April 8, 2016 Opinion or Order Filing 72 ORDER ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO STRIKE AND DISMISS FIRST AMENDED COUNTERCLAIM by Judge Manuel L. Real: IT IS HEREBY ORDERED that Plaintiff and Counter-Defendant's Motion to Dismiss #48 is DENIED as to the first counterclaim for breach of contract. IT IS FURTHER HEREBY ORDERED that Plaintiff and Counter-Defendant's Motion to Strike is GRANTED as to all remaining claims (second through seventh counterclaims). IT IS FURTHER HEREBY ORDERED that Plaintiff and Counter-Defendant's request for attorney's fees under Cal. Civ. Proc. Code 425.16(c) is DENIED. (gk)
April 6, 2016 Filing 71 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Defendant's Notice of Motion and Motion for Sanctions filed 4/1/2016 #65 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk)
April 4, 2016 Filing 70 NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint filed by Plaintiff Shoumin Zhang. Motion set for hearing on 5/2/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration of Shoumin Zhang, #2 Declaration of Mary Sun, #3 Request for Judicial Notice, #4 Proposed Second Amended Complaint, #5 Proposed Order) (Chuan, Jason)
April 2, 2016 Filing 68 NOTICE of Re-filing of Docket No. 34 and 35 in light of Default being set aside filed by Attorney for Defendants/Counterclaimants John Deyong Hu, Hu & Associates, LLC. (Wong, Gary)
April 1, 2016 Filing 69 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Memorandum in Support of Motion #59 and Supplement #60 , by Judge Manuel L. Real. The document is stricken. (iv)
April 1, 2016 Filing 67 First AMENDED COUNTERCLAIM against Plaintiff/Counterclaim-Defendant Hu & Associates, LLC, John Deyong Hu amending Amended Complaint/Petition #10 ; JURY DEMAND, filed by Attorney for Defendants/Counterclaimants Hu & Associates, LLC, John Deyong Hu (Attachments: #1 Exhibit A, B, #2 Exhibit C, D, E, #3 Exhibit F, G, H, I, J, K)(Wong, Gary)
April 1, 2016 Filing 66 ANSWER to Amended Complaint/Petition #10 JURY DEMAND. filed by Attorney for Defendants/Counterclaimants John Deyong Hu, Hu & Associates, LLC.(Wong, Gary)
April 1, 2016 Filing 65 NOTICE OF MOTION AND MOTION for Sanctions Sanctions Pursuant to Rule 11 filed by Attorney for Defendants/Counterclaimants John Deyong Hu, Hu & Associates, LLC. Motion set for hearing on 5/2/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Proposed Order, #2 Declaration By Gary Wong, #3 Exhibit A,B, #4 Exhibit C) (Wong, Gary)
March 30, 2016 Opinion or Order Filing 64 ORDER GRANTING DEFENDANTS' MOTION TO SET ASIDE ENTRY OF DEFAULT by Judge Manuel L. Real: IT IS HEREBY ORDERED that Defendants John Deyong Hu and Hu & Associates, LLC's Motion to Set Aside Entry of Default #33 is GRANTED. (gk)
March 30, 2016 Filing 63 SCHEDULING NOTICE TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that Counter-Defendant Shoumin Zhang's Motion to Strike First Amended Counterclaims Amended Counterclaim #48 set for hearing on April 4, 2016 at 10:00 A.M., is suitable for a decision on the papers as filed by all parties, without the need for oral argument; therefore, the said Motion is taken UNDER SUBMISSION on the papers as filed, and the hearing date of April 4, 2016 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iv) TEXT ONLY ENTRY
March 24, 2016 Filing 62 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Sanctions #60 . The following error(s) was found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. The correct event is: Applications/Ex Parte Applications/Motions/Petitions/Requests- Sanctions. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv)
March 22, 2016 Filing 60 ***STRICKEN*** SUPPLEMENT Notice of Motion and Motion for Sanctions Pursuant to Rule 11 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Wong, Gary) Modified on 4/4/2016 #69 (iv).
March 22, 2016 Filing 59 ***STRICKEN*** MEMORANDUM in Support of Motion for Sanctions Pursuant to Rule 11 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Attachments: #1 Proposed Order, #2 Declaration By Gary Wong, #3 Exhibit A,B, #4 Exhibit C)(Wong, Gary) Modified on 4/4/2016 #69 (iv).
March 21, 2016 Opinion or Order Filing 61 ORDER DISMISSING DEFENDANTS EMAX ESCROW, INC. AND SIDNEY WANG WITH PREJUDICE by Judge Manuel L. Real: Upon Stipulation #56 , IT IS ORDERED that all of the claims in the First Amended Complaint against Defendants Emax Escrow, Inc. and Sidney Wang (collectively the "Emax Defendants") are dismissed as to the Emax Defendants with prejudice, with all parties bearing their own legal fees and costs. IT IS FURTHER ORDERED that the Emax Defendants shall have no right to the $500,000 currently held by the Court. IT IS FURTHER ORDERED that the Emax Defendants' Motion to Dismiss #31 is moot, and shall be taken off calendar. (gk)
March 21, 2016 Filing 58 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Withdrawal of Defendants Emax Escrow, and Sidney Wang's Motion to Dismiss filed 3/18/2016 #55 . The following error(s) was found: This filing is untimely. The motion is set for hearing on 3/21/2015. Pursuant to Local Rule 7-16, a Notice of Withdrawal should be filed at least seven days in advance of the hearing date. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk)
March 21, 2016 Filing 57 REPLY In Support Of NOTICE OF MOTION AND MOTION to Strike First Amended Counterclaims Amended Counterclaim, #40 , Amended Counterclaim, #39 Pursuant to Cal. Code Civ. Proc. 425.16 #48 filed by Counter Defendant Shoumin Zhang. (Attachments: #1 Declaration of Mary Sun in Support, #2 Declaration of Shoumin Zhang in Support)(Chuan, Jason)
March 18, 2016 Filing 56 Joint STIPULATION to Dismiss Defendants Emax Escrow, Inc., Sidney Wang filed by Plaintiff Shoumin Zhang. (Attachments: #1 Proposed Order)(Chuan, Jason)
March 18, 2016 Filing 55 NOTICE OF WITHDRAWAL OF DEFENDANTS EMAX ESCROW, INC. AND SIDNEY WANG'S MOTION TO DISMISS re NOTICE OF MOTION AND MOTION to Dismiss Defendants Sidney Wang, Emax Escrow, Inc. #31 filed by Defendants Emax Escrow, Inc., Sidney Wang. (Felten, Jennifer)
March 11, 2016 Filing 54 OPPOSITION to NOTICE OF MOTION AND MOTION to Strike First Amended Counterclaims Amended Counterclaim, #40 , Amended Counterclaim, #39 Pursuant to Cal. Code Civ. Proc. 425.16 #48 filed by Counter Claimants John Deyong Hu, Hu & Associates, LLC, Defendants John Deyong Hu, Hu & Associates, LLC. (Attachments: #1 Exhibit Exhibit A,B, #2 Exhibit Exhibit C)(Wong, Gary)
March 7, 2016 Opinion or Order Filing 53 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT by Judge Manuel L. Real: IT IS HEREBY ORDERED that Defendants American Franchise Regional Center, LLC, Americana One, LLC, and Agnes Yen's Motion to Dismiss Plaintiff's First Amended Complaint #23 is GRANTED as to all claims. (gk)
March 7, 2016 Filing 52 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Defendants Sidney Wang, Emax Escrow, Inc. #31 filed by Defendants Emax Escrow, Inc., Sidney Wang. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Felten, Jennifer)
March 7, 2016 Filing 50 REPLY support of motion NOTICE OF MOTION AND MOTION to Dismiss Defendants Sidney Wang, Emax Escrow, Inc. #31 filed by Defendants Emax Escrow, Inc., Sidney Wang. (Felten, Jennifer)
March 4, 2016 Opinion or Order Filing 51 ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION TO SEAL DOCUMENT ATTACHED TO DEFENDANT JOHN DEYONG HU AND HU & ASSOCIATES, LLC'S FIRST AMENDED COUNTERCLAIMS #41 . IT IS HEREBY ORDERED that Plaintiff's Ex Parte Application to Seal Documents Attached to Defendants First Amended Counterclaims is DENIED. (Dkt. No. 41). SEE ORDER FOR DETAILS. by Judge Manuel L. Real. (cch)
March 4, 2016 Filing 49 REPLY Reply in Support of Motion to Set Aside First NOTICE OF MOTION AND MOTION to Set Aside Clerks Entry of Default (CV-37) - optional html form #29 , Clerks Entry of Default (CV-37) - optional html form #22 #33 filed by Defendants John Deyong Hu, Hu & Associates, LLC. (Attachments: #1 Declaration Declaration by Gary Wong, #2 Exhibit A,B,C)(Wong, Gary)
March 3, 2016 Filing 48 NOTICE OF MOTION AND MOTION to Strike First Amended Counterclaims Amended Counterclaim, #40 , Amended Counterclaim, #39 Pursuant to Cal. Code Civ. Proc. 425.16 filed by Counter-Defendant Shoumin Zhang. Motion set for hearing on 4/4/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Declaration of Jason Chuan in Support, #2 Declaration of Mary Sun in Support, #3 Proposed Order) (Chuan, Jason)
March 2, 2016 Filing 47 SCHEDULING NOTICE TAKING MOTION UNDER SUBMISSION ON THE PAPERS WITHOUT NEED OF ORAL ARGUMENT by Judge Manuel L. Real. The Court has determined that Defendants Americana One, LLC, Agnes Yen, American Franchise Regional Center, LLC.'s Motion to Dismiss #23 set for hearing on March 7, 2016 at 10:00 A.M., is suitable for a decision on the papers as filed by all parties, without the need for oral argument; therefore, the said Motion is taken UNDER SUBMISSION on the papers as filed, and the hearing date of March 7, 2016 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
February 29, 2016 Filing 46 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Defendants Sidney Wang, Emax Escrow, Inc. #31 filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
February 26, 2016 Filing 45 OPPOSITION to First NOTICE OF MOTION AND MOTION to Set Aside Clerks Entry of Default (CV-37) - optional html form #29 , Clerks Entry of Default (CV-37) - optional html form #22 #33 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Declaration of Jason Chuan in Support, #2 Declaration of Mary Sun in Support, #3 Request for Judicial Notice)(Chuan, Jason)
February 22, 2016 Filing 44 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First Amended Counterclaims filed 2/18/2016 #40 . The following error(s) was found: Document number 40 appears to be duplicative to document number 39. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk)
February 22, 2016 Filing 43 REPLY In support of Motion to Dismiss NOTICE OF MOTION AND MOTION to Dismiss Defendant Americana One, LLC, Agnes Yen, American Franchise Regional Center, LLC #23 filed by Defendants American Franchise Regional Center, LLC, Americana One, LLC, Agnes Yen. (Chiao, Jeffrey)
February 20, 2016 Filing 42 MEMORANDUM in Opposition to EX PARTE APPLICATION to Seal Case Documents Attached to Defendants John Deyong Hu and Hu & Associates, LLC's First Amended Counterclaims #41 filed by Defendants John Deyong Hu, Hu & Associates, LLC. (Attachments: #1 Declaration Declaration by Gary Wong, #2 Declaration Declaration by John D. Hu, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2)(Wong, Gary)
February 19, 2016 Filing 41 EX PARTE APPLICATION to Seal Case Documents Attached to Defendants John Deyong Hu and Hu & Associates, LLC's First Amended Counterclaims filed by Plaintiff Shoumin Zhang. (Attachments: #1 Memorandum in Support, #2 Declaration of Jason Chuan, #3 Declaration of Shoumin Zhang, #4 Proposed Order) (Chuan, Jason) Modified on 2/29/2016 (gk).
February 18, 2016 Filing 40 First AMENDED COUNTERCLAIM against Plaintiff/Counterclaim-Defendant Hu & Associates, LLC, John Deyong Hu amending Amended Complaint/Petition #10 ; JURY DEMAND, filed by Attorney for Defendants/Counterclaimants Hu & Associates, LLC, John Deyong Hu (Attachments: #1 Exhibit Exhibit A,B, #2 Exhibit Exhibit C, D, E, #3 Exhibit Exhibit F, G, H, I, J, K)(Wong, Gary)
February 18, 2016 Filing 39 First AMENDED COUNTERCLAIM against Plaintiff/Counterclaim-Defendant Hu & Associates, LLC, John Deyong Hu amending Amended Complaint/Petition #10 ; JURY DEMAND, filed by Attorney for Defendants/Counterclaimants Hu & Associates, LLC, John Deyong Hu (Attachments: #1 Exhibit Exhibit A,B, #2 Exhibit Exhibit C, D, E, #3 Exhibit Exhibit F, G, H, I, J, K)(Wong, Gary)
February 16, 2016 Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Motion and Motion to Set Aside Entry of Default Pursuant to F.R.Civ.P. 55(c) and 60(b)(3) filed 2/12/2016 #33 . The following error(s) was found: Local Rule 7.1-1 No Notice of Interested Parties. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk)
February 15, 2016 Filing 36 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Defendant Americana One, LLC, Agnes Yen, American Franchise Regional Center, LLC #23 filed by Plaintiff Shoumin Zhang. (Attachments: #1 Opposition to Defendants' Request for Judicial Notice, #2 Plaintiff's Request for Judicial Notice)(Chuan, Jason)
February 12, 2016 Filing 38 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to First Amended Complaint and Counterclaims filed 2/12/2016 #34 , #35 . The following error(s) was found: Defendants John Deyong Hu and Hu & Associates, LLC have filed the above documents, in pro se. No organization or entity of any other kind (including limited liability corporations) may appear in any action unless represented by an attorney permitted to practice before this Court, Local Rule 83-2.2.2. Entry of default as to Defendants John Deyong Hu and Hu & Associates, LLC precludes the filing of an Answer and Counterclaim. Attorney Gary M. C. Wong has filed a Motion to Set Aside Entry of Default on their behalf. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (gk)
February 12, 2016 Filing 35 ANSWER to Amended Complaint/Petition #10 filed by Attorney for Defendants John Deyong Hu, Hu & Associates, LLC.(Wong, Gary)
February 12, 2016 Filing 34 First COUNTERCLAIM against Attorney for Defendants/Counterclaimants Hu & Associates, LLC, John Deyong Hu; Jury Demand, filed by Attorney for Defendants Hu & Associates, LLC, John Deyong Hu.(Wong, Gary)
February 12, 2016 Filing 33 First NOTICE OF MOTION AND MOTION to Set Aside Clerks Entry of Default (CV-37) - optional html form #29 , Clerks Entry of Default (CV-37) - optional html form #22 filed by Attorney for Defendants John Deyong Hu, Hu & Associates, LLC. Motion set for hearing on 3/21/2016 at 10:00 AM before Judge Manuel L. Real. (Attorney Gary M C Wong added to party John Deyong Hu(pty:dft), Attorney Gary M C Wong added to party Hu & Associates, LLC(pty:dft)) (Wong, Gary)
February 10, 2016 Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss #31 . The following error(s) was found: Certification and Notice of Interested Parties submitted as a PDF attachment to this entry, and should have been docketed separately. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv)
February 9, 2016 Filing 31 NOTICE OF MOTION AND MOTION to Dismiss Defendants Sidney Wang, Emax Escrow, Inc. filed by Defendants Sidney Wang, Emax Escrow, Inc.. Motion set for hearing on 3/21/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order, #3 Notice of Interested Parties) (Attorney Jennifer Felten added to party Emax Escrow, Inc.(pty:dft), Attorney Jennifer Felten added to party Sidney Wang(pty:dft)) (Felten, Jennifer)
February 5, 2016 Filing 29 * SET ASIDE * DEFAULT BY CLERK F.R.Civ.P.55(a) as to Hu & Associates, LLC, on the First Amended Complaint. (gk) ** DEFAULT SET ASIDE PURSUANT TO ORDER OF 3/30/2016 #64 ** Modified on 4/1/2016 (gk).
February 4, 2016 Opinion or Order Filing 30 NOTICE OF DISCREPANCY AND ORDER: by Judge Manuel L. Real, ORDERING Answer to First Amended Complaint and Counterclaims; Notice of Certificate of Interested Parties submitted by Defendant Hu & Associates, LLC received on 2/2/2016 is not to be filed but instead rejected. Denial based on: Documents must be filed electronically; No Certification of Interested Parties and/or no copies-Blank; Local Rule 83-2.1- Corporations cannot appear pro se. Counterclaim must be separately filed. (iv)
February 4, 2016 Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents), #26 . The following error(s) was found: Title page is missing. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (shb)
February 4, 2016 Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss #23 . The following error(s) was found: Three Certifications and Notices of Interested Parties submitted as separate PDF attachments to this entry, and should have been docketed separately. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (iv)
February 3, 2016 Filing 26 CERTIFICATE OF SERVICE filed by Defendant American Franchise Regional Center, LLC, Americana One, LLC, Agnes Yen, re NOTICE OF MOTION AND MOTION to Dismiss Defendant Americana One, LLC, Agnes Yen, American Franchise Regional Center, LLC #23 served on February 3, 2016. (Chiao, Jeffrey)
February 2, 2016 Filing 25 REQUEST for Clerk to Enter Default against Defendant Hu & Associates, LLC filed by Plaintiff Shoumin Zhang. (Attachments: #1 Declaration of Jason Chuan in Support of Request) (Chuan, Jason)
February 2, 2016 Filing 24 PROOF OF SERVICE Executed by Plaintiff Shoumin Zhang, upon Defendant Service of the Summons and Complaint were executed upon John Hu, Agent Authorized to Receive in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Chuan, Jason)
February 1, 2016 Filing 23 NOTICE OF MOTION AND MOTION to Dismiss Defendant Americana One, LLC, Agnes Yen, American Franchise Regional Center, LLC filed by Defendant Americana One, LLC, Agnes Yen, American Franchise Regional Center, LLC. Motion set for hearing on 3/7/2016 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Memorandum of Points & Authorities, #2 Request for Judicial Notice, #3 Exhibits in Support, #4 Proposed Order, #5 Notice of Interested Parties, #6 Notice of Interested Parties, #7 Notice of Interested Parties) (Attorney Jeffrey C Chiao added to party American Franchise Regional Center, LLC(pty:dft), Attorney Jeffrey C Chiao added to party Americana One, LLC(pty:dft), Attorney Jeffrey C Chiao added to party Agnes Yen(pty:dft)) (Chiao, Jeffrey)
February 1, 2016 Filing 22 * SET ASIDE * DEFAULT BY CLERK F.R.Civ.P.55(a) as to John Deyong Hu on the First Amended Complaint. (gk) ** DEFAULT SET ASIDE PURSUANT TO ORDER OF 3/30/2016 #64 ** Modified on 4/1/2016 (gk).
February 1, 2016 Filing 21 NOTICE OF DEFICIENCY Re: Request for Entry of Default against Defendant Hu & Associates, LLC #20 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. The proof of service does not indicate the statute under which service was made. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. (gk)
January 29, 2016 Filing 20 REQUEST for Clerk to Enter Default against Defendants John Deyong Hu, Hu & Associates, LLC filed by Plaintiff Shoumin Zhang. (Attachments: #1 Declaration of Jason Chuan in Support) (Chuan, Jason)
January 26, 2016 Filing 19 PROOF OF SERVICE Executed by Plaintiff Shoumin Zhang, upon Defendant Sidney Wang served on 1/20/2016, answer due 2/10/2016. Service of the Summons and Complaint were executed upon Eric Chang, Person Apparently in Charge of Place of Business in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Chuan, Jason)
January 26, 2016 Filing 18 PROOF OF SERVICE Executed by Plaintiff Shoumin Zhang, upon Defendant Agnes Yen served on 1/22/2016, answer due 2/12/2016. Service of the Summons and Complaint were executed upon Dian Quinn, Receptionist Apparently in Charge in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Chuan, Jason)
January 26, 2016 Filing 17 PROOF OF SERVICE Executed by Plaintiff Shoumin Zhang, upon Defendant Hu & Associates, LLC served on 1/7/2016, answer due 1/28/2016. Service of the Summons and Complaint were executed upon John Hu, Agent Authorized to Receive in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Chuan, Jason)
January 26, 2016 Filing 16 PROOF OF SERVICE Executed by Plaintiff Shoumin Zhang, upon Defendant John Deyong Hu served on 1/7/2016, answer due 1/28/2016. Service of the Summons and Complaint were executed upon John Deyong Hu, Defendant in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Chuan, Jason)
January 26, 2016 Filing 15 PROOF OF SERVICE Executed by Plaintiff Shoumin Zhang, upon Defendant Emax Escrow, Inc. served on 1/19/2016, answer due 2/9/2016. Service of the Summons and Complaint were executed upon Eric Chang, Agent Authorized to Receive in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (Chuan, Jason)
January 26, 2016 Filing 14 PROOF OF SERVICE Executed by Plaintiff Shoumin Zhang, upon Defendant Americana One, LLC served on 1/22/2016, answer due 2/12/2016. Service of the Summons and Complaint were executed upon Dian Quinn, Receptionist, Person Apparently In Charge on Behalf of Thomas Gibson, Agent for Service of Process in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Chuan, Jason)
January 26, 2016 Filing 13 PROOF OF SERVICE Executed by Plaintiff Shoumin Zhang, upon Defendant American Franchise Regional Center, LLC served on 1/22/2016, answer due 2/12/2016. Service of the Summons and Complaint were executed upon Dian Quinn, Receptionist, Person Apparently In Charge on Behalf of Thomas Gibson, Agent for Service of Process in compliance with California Code of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Chuan, Jason)
January 5, 2016 Filing 12 21-Day Summons Issued re First Amended Complaint #10 as to Defendants American Franchise Regional Center, LLC, Americana One, LLC, Emax Escrow, Inc., John Deyong Hu, Hu & Associates, LLC, Agnes Yen and Sidney Wang. (gk)
December 29, 2015 Filing 11 Request for Clerk to Issue Summons on Amended Complaint/Petition #10 filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
December 29, 2015 Filing 10 FIRST AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Shoumin Zhang (Attachments: #1 Exhibit to First Amended Complaint)(Chuan, Jason)
December 22, 2015 Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants American Franchise Regional Center, LLC, Americana One, LLC, Emax Escrow, Inc., John Deyong Hu. (jp)
December 18, 2015 Opinion or Order Filing 8 ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER by Judge Manuel L. Real: IT IS HEREBY ORDERED that Plaintiff's ex parte application for temporary restraining order #7 is GRANTED. IT IS FURTHER ORDERED that Defendant EMAX ESCROW is enjoined from transferring the $500,000 investment to Defendant Americana One and is ordered to deposit $500,000.00 U.S. Dollars with the Court's registry by 12/23/2015 10:00 AM Pacific. (gk)
December 15, 2015 Filing 7 EX PARTE APPLICATION for Temporary Restraining Order as to Disbursement of Plaintiff's funds held in trust by Defendant Emax Escrow, Inc. and Writ of Attachment, or, in the alternative, Temporary Protective Order filed by Plaintiff Shoumin Zhang. (Attachments: #1 Memorandum in Support, #2 Declaration of Mary Sun, #3 Declaration of Jason Chuan, #4 Declaration of Shoumin Zhang, #5 Proposed Order) (Chuan, Jason)
December 15, 2015 Opinion or Order Filing 6 ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (cch)
December 14, 2015 Filing 5 NOTICE OF ASSIGNMENT to District Judge Manuel L. Real and Magistrate Judge Sheri Pym. (ghap)
December 11, 2015 Filing 4 CERTIFICATE of Interested Parties filed by Plaintiff Shoumin Zhang, identifying None. (Chuan, Jason)
December 11, 2015 Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
December 11, 2015 Filing 2 CIVIL COVER SHEET filed by Plaintiff Shoumin Zhang. (Chuan, Jason)
December 11, 2015 Filing 1 COMPLAINT Receipt No: 0973-16932448 - Fee: $400, filed by Plaintiff Shoumin Zhang. (Attachments: #1 Exhibit Exhibits A and B to Complaint) (Attorney Jason Chuan added to party Shoumin Zhang(pty:pla))(Chuan, Jason)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Central District Court's Electronic Court Filings (ECF) System

Search for this case: Shoumin Zhang v. American Franchise Regional Center, LLC et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Sidney Wang
Represented By: Timothy S Camarena
Represented By: Jennifer Felten
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Emax Escrow, Inc.
Represented By: Timothy S Camarena
Represented By: Jennifer Felten
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Americana One, LLC
Represented By: Jeffrey C Chiao
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: American Franchise Regional Center, LLC
Represented By: Jeffrey C Chiao
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Agnes Yen
Represented By: Jeffrey C Chiao
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: Hu & Associates, LLC
Represented By: Gary M C Wong
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: John Deyong Hu
Represented By: Gary M C Wong
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Shoumin Zhang
Represented By: Jason Chuan
Represented By: Mary M Sun
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?