Judge: Joel L. Lofton, Case: 23AHCV01075, Date: 2023-10-10 Tentative Ruling

Case Number: 23AHCV01075    Hearing Date: October 10, 2023    Dept: X

   Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE:     October 10, 2023                                TRIAL DATE: No date set.

CASE:                         LUCKY STAR KITCHEN, INC. a California corporation, v. LI LIU, an individual; TIAN YOU FENG, INC., a California corporation; YUXI LIU, an individual; YAN CHEN, an individual; and DOES 1-50, inclusive, 

CASE NO.:                 23AHCV01075

MOTION FOR RECONSIDERATION

MOVING PARTY:               Plaintiff Lucky Star Kitchen, Inc.

RESPONDING PARTY:      No response filed.

SERVICE:                              Filed August 11, 2023

RELIEF REQUESTED

             Plaintiff moves for reconsideration of this court’s previous order denying Plaintiff’s motion for an injunction preventing the sale of the subject business.

BACKGROUND

            This case arises out of Plaintiff Lucky Star Kitchen, Inc.’s (“Plaintiff”) claim that Defendants Li Liu, Tian You Feng, Inc., Yuxi Liu, and Yan Chen engaged in the fraudulent transfer of assets. Plaintiff filed this complaint on May 11, 2023, alleging one cause of action for violation of the Uniform Fraudulent Transfer Act.

TENTATIVE RULING

            Plaintiff’s motion for reconsideration is GRANTED.

            This court’s August 2, 2023, order, is ordered modified to include the following language: “Defendants are enjoined from selling or transferring Ju Feng Yuan Dumpling Café or its assets.”

LEGAL STANDARD

            “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code of Civil Procedure section 1008, subd. (a).)

DISCUSSION

            Plaintiff moves for reconsideration of this court’s previous order regarding its motion for a preliminary injunction. Plaintiff had sought to enjoin Defendants from transferring ownership of Tian You Feng and to enjoin Defendants from selling a business named Ju Feng Yuan Dumpling House, which was purportedly owned by Tian You Feng, Inc. On August 2, 2023, this court found that Plaintiff was likely to succeed on the merits and the balance of harms weighed in its favor. This court granted Plaintiff’s motion for a preliminary injunction. However, the court found that Plaintiff had failed to demonstrate that Ju Feng Yuan Dumpling House (“Subject Business”) was owned by Tian You Feng.

            Plaintiff submits this motion to establish that new facts demonstrate Tian You Feng owns the Subject Business. In Plaintiff’s previous motion for a preliminary injunction, the attached deposition stated the question presented was: “So Ju Feng Yuan is owned by Ju Feng, Inc.?” (Zhou Decl. ¶ 5.) Plaintiff provides that this issue is a mistype and that its counsel had inquired as to whether Tian You Feng, Inc. owns Ju Feng Yuan, and the deponent replied in the affirmative. (Id. ¶ 6-7.) Plaintiff submits a business certificate from the City of Poway which provides that the business name is Tian You Feng Inc., which is doing business as Ju Feng Yuan Dumpling Café. (Id. ¶ 10, Exhibit 4.)

            Plaintiff has submitted new facts warranting the present motion for reconsideration.

CONCLUSION

            Plaintiff’s motion for reconsideration is GRANTED.

            This court’s August 2, 2023, order, is ordered modified to include the following language: “Defendants are enjoined from selling or transferring Ju Feng Yuan Dumpling Café or its assets.”

            Moving Party to give notice.

Dated:   October 10, 2023                                           ___________________________________

                                                                                    Joel L. Lofton

                                                                                    Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court indicating their

intention to submit.  Parties intending to appear are strongly encouraged to appear remotely.  alhdeptx@lacourt.org