Judge: Michael Shultz, Case: 22CMCV00054, Date: 2022-08-31 Tentative Ruling

INSTRUCTIONS: If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must:

1. Contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling.

2. No later than 4:00 p.m. on the court day before the hearing, call the Courtroom (310-761-4302) advising that all parties will submit on the tentative ruling and waive hearing; and

3. Serve notice of the Court's ruling on all parties entitled to receive service.

If this procedure is followed, when the case is called the Court will enter its ruling on the motion in accordance with its tentative ruling. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing. If there is neither a telephone call nor an appearance, then the matter may either be taken off calendar or ruled on. 

TENTATIVE RULINGS -- http://www.lacourt.org/tentativeRulingNet/ui/main.aspx?casetype=civil

Case Number: 22CMCV00054    Hearing Date: August 31, 2022    Dept: A

22CMCV00054 Dongo Jin v. Thomas Chen, et al.

Wednesday, August 31, 2022 at 8:30 a.m.

[TENTATIVE] ORDER CONTINUING THE HEARING ON PLAINTIFF’S REQUEST FOR COURT JUDGMENT

The complaint filed on March 2, 2022, alleges that Plaintiff signed an agreement with Defendants to invest into Defendants’ group of business that would also enable Plaintiff to successfully petition the United States for an immigration visa. Plaintiff alleges that the Defendants representations were fraudulent, and Defendants’ businesses were shell companies suspended from doing business in California. Plaintiff lost her initial investment of $350,000. Plaintiff alleges breach of contract and fraud-related claims. The court has reviewed Plaintiff’s request for court judgment lodged on June 30, 2022 and declines to enter judgment at this time for the following reasons:

The request seeks a judgment against Defendants, Thomas Chen; Tissuesco Operation, Inc., and Tissuesco Paramount, Ltd. The court’s file does not reflect that the clerk entered default against Tissuesco Operations, Inc. Plaintiff ordered to file a conformed copy of default entry against that particular Defendant.

The complaint names Wei Hu as a defendant. While Plaintiff filed a dismissal of all Doe defendants, Plaintiff has not dismissed Wei Hu nor obtained entry of default.  Plaintiff must submit a dismissal of all parties against whom judgment is not sought or an application for separate judgment against specified parties under Code of Civil Procedure section 579, supported by a showing of grounds for each judgment. Cal. Rules of Court, rule 3.1800 subp. (6). Plaintiff is also required to submit a proposed judgment. Id., subp. (7).                  

Accordingly, the court continues the hearing on Plaintiff’s request for court judgment to ______________________, at 8:30 a.m. of Department A at the Compton courthouse. Plaintiff is ordered to cure the foregoing defects and file a supplemental declaration and supporting documents no less than 10 days before the continued hearing date.