Judge: Cherol J. Nellon, Case: 21STCV26818, Date: 2023-12-21 Tentative Ruling

Case Number: 21STCV26818    Hearing Date: March 20, 2024    Dept: 14

Shanhai v. Yan

Case Background

Plaintiff alleges that Defendants took the money it thought it had invested with them in China, moved to the United States, and used the money for their own purposes.

On August 30, 2022, Plaintiff filed its First Amended Complaint to Enforce a Judgment against Defendants Jinggang Yan (“Yan”), Xiuhong Liang (“Liang”), and DOES 1-10.

On October 26, 2022, the default of Defendant Liang was entered.

On October 28, 2022, the default of Defendant Yan was entered.

On November 2, 2022, Plaintiff voluntarily dismissed Defendant DOES 1-10.

On January 4, 2023, this court entered default judgment against Defendants Yan and Liang.

On December 21, 2023, this court vacated the judgment and set aside the default.

Instant Motion

            Defendants Yan and Liang now moves this court for an order transferring the case to Orange County Superior Court.

Decision

            The motion is GRANTED. Plaintiffs are to pay the transfer fees, pursuant to Code of Civil Procedure § 399(a), within 5 days.

The motion is unopposed. This amounts to a concession by Plaintiff that the motion has merit. See California Rules of Court Rule 3.1113(a); see also Rule 3.1320(f); Herzberg v. County of Plumas (2005) 133 Cal.App.4^th 1, 20.