Judge: Joel L. Lofton, Case: 22AHCV00428, Date: 2024-01-25 Tentative Ruling

Case Number: 22AHCV00428    Hearing Date: March 25, 2024    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:      March 25, 2024                                               TRIAL DATE: No date set.

CASE:                         DOLLY HWANG, an individual, v. JUDY CHOU WANG, an individual, POD JOHN MICHAEL WANG, an individual,  YAYA ADVISOR, LLC, MILKIE/FERGUSON INVESTMENTS INC., and DOES 1 through 50, inclusive.

CASE NO.:                 22AHCV00428

MOTION FOR ORDER EXTENDING TIME TO FILE AMENDED CROSS-COMPLAINT

MOVING PARTY:               Cross-Complainant Judy Chou Wang

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed February 26, 2023

RELIEF REQUESTED

             Cross-Complainant moves for an order extending the time to file an amended cross-complaint.

BACKGROUND

             This case arises out of Plaintiff Dolly Hwang’s (“Plaintiff”) claim that Defendants Judy Chou Wang (“Judy”) and her son Pod John Michael Wang (“John”) convinced her to invest $200,000 pursuant to a promissory note but failed to pay Plaintiff back under the agreement.

            Plaintiff filed a first amended complaint (“FAC”) on August 3, 2022, alleging seven causes of action for (1) breach of written contract, (2) fraud and intentional misrepresentations, (3) civil conspiracy, (4) elder abuse for damages, (5) intentional infliction of emotional distress, (6) promissory estoppel, and (7) unjust enrichment.

TENTATIVE RULING

            Cross-Complainant’s motion to extend the deadline to file the second amended cross-complaint is GRANTED. Cross-Complainant is ordered to file the SACC within 10 days of the date of this order.

DISCUSSION

Cross-Complainant moves for an order extending the time to file an amended cross-complaint. Cross-Complainant filed an amended cross-complaint on October 20, 2023. Plaintiff demurred to the amended cross-complainant. At hearing on January 25, 2024, this court sustained Plaintiff’s demurrer with 30 days leave to amend. According to the order, Cross-Complainant was required to file a second amended cross-complaint by February 26, 2024. On the same date, Cross-Complainant filed the instant motion to extend time to file.

Code of Civil Procedure section 1054, subdivision (a), provides: “When an act to be done, as provided in this code, relates to the pleadings in the action, . . . may be extended, upon good cause shown, by the judge of the court in which the action is pending, or by the judge who presided at the trial of the action; but the extension so allowed shall not exceed 30 days, without the consent of the adverse party.”

Cross-Complainant provides that she has experienced personal hardship and recently retained an attorney. Cross-Complaint provides she retained an attorney on February 21, 2024, 5 days prior to the deadline to file the amended cross-complaint. Cross-Complainant has demonstrated good cause for an extension.

            Cross-Complainant’s motion to extend the deadline to file the second amended cross-complaint is granted.

CONCLUSION

            Cross-Complainant’s motion to extend the deadline to file the second amended cross-complaint is GRANTED. Cross-Complainant is ordered to file the SACC within 10 days of the date of this order.

Dated:   March 25, 2024                                             ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court