Judge: Michelle Williams Court, Case: 19STCV17961, Date: 2022-10-28 Tentative Ruling

Case Number: 19STCV17961    Hearing Date: October 28, 2022    Dept: 74

19STCV17961            HONGMEI (RACHEL) JIN vs ASHLEY LIU

Proposed Intervenor Na Dong’s Motion to Advance Hearing Date on Motion to Intervene for Purpose of Filing Motion to Expunge Lis Pendens

TENTATIVE RULING:   The motion is GRANTED. The Hearing on Motion for Leave to Intervene, currently scheduled for May 18, 2023, is advanced and continued to November 29, 2022 at 8:30 a.m.

Background

On May 23, 2019, Plaintiff Hongmei (Rachel) Jin filed this action against Defendant Ashley Liu and 13 other individuals. On May 30, 2019, Plaintiff filed the First Amended Complaint asserting fourteen causes of action: (1) breach of fiduciary duties; (2) fraud; (3) constructive fraud; (4) conversion; (5) breach of contract; (6) accounting; (7) declaratory relief; (8) member expulsion order; (9) breach of promissory notes; (10) rescission (restaurant); (11) voidable transfer; (12) Meng reimbursement claim; (13) fraud – Chunmei Jin claim; and (14) conversion - Chunmei Jin claim. The action arises out of Plaintiff’s investment in a real estate development for the purpose of fast-tracking Plaintiff’s permanent U.S. residency.

On January 27, 2020, Defendant Ashley Liu filed a Cross-Complaint against Hongmei (Rachel) Jin for: (1) breach of contract; and (2) fraud in the inducement/false promise.  

On May 5, 2021, the Court consolidated this action with Los Angeles Superior Court case 20STCV40138 Chen v. Jin. In that case, Plaintiff Ying Chen and Bo Qu filed a complaint against Defendants Hongmei (Rachel) Jin, Ashley Liu, A-May Investments, LLC, Meiao EB-5, LLC, and Meiao Investment, LP for: (1) breach of contract, (2) breach of fiduciary duty, (3) fraud, (4) constructive fraud, (5) conversion, and (6) declaratory relief.

On August 8, 2022, Proposed Intervenor Na Dong filed a Motion to Intervene for Purpose of Filing Motion to Expunge Lis Pendens with the hearing set for May 18, 2023. Concurrently therewith, Proposed Intervenor Na Dong filed an ex parte application to advance the hearing date on the motion and set a hearing on a motion to expunge lis pendens on shortened notice.

On August 10, 2022, the Court denied the ex parte application, citing the lack of an affirmative factual showing of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte.

On September 19, 2022, the Court entered an order on the parties’ stipulation continuing trial from October 24, 2022 to May 8, 2023.

Motion

On August 10, 2022, Proposed Intervenor Na Dong filed the instant motion seeking to advance the hearing date for the August 8, 2022 motion to intervene, which is currently scheduled for May 18, 2023, after trial in this matter.

The motion is unopposed. (Code Civ. Proc. § 1005(b).)

Discussion

“Courts have inherent authority to control their own calendars and docket.” (Walker v. Superior Court (1991) 53 Cal.3d 257, 267.)

Proposed Intervenor indicates the earliest available date available in the Court Reservation System for a motion to intervene was May 18, 2023, which is after both the current May 8, 2023 trial date and the prior October 24, 2022 trial date. Proposed Intervenor allegedly took title to the property at a foreclosure sale and seeks to intervene to file a motion to expunge the June 26, 2019 lis pendens filed by Plaintiff recorded as Instrument Number 2019000196145 in the Official Records of Orange County.

Proposed Intervenor does not indicate a pressing need to have the motion heard immediately, such as a pending or proposed transaction that might be affected by the lis pendens. (See generally BGJ Associates, LLC v. Superior Court (1999) 75 Cal.App.4th 952, 967 (“Once a lis pendens is filed, it clouds the title and effectively prevents the property's transfer until the litigation is resolved or the lis pendens is expunged.”).) The motion need not be heard on shortened notice.

However, both the motion to intervene and the motion to expunge should be heard prior to the May 18, 2023 trial. “A lis pendens is a recorded document giving constructive notice that an action has been filed affecting title or right to possession of the real property described in the notice. [Citation]. The effect of such notice is that anyone who acquires an interest in the property after the action has been filed will be bound by any judgment which may thereafter be rendered in the action.” (Urez Corp. v. Superior Court (1987) 190 Cal.App.3d 1141, 1144.)

The Court shall advance the hearing date on the motion to intervene.