Judge: William A. Crowfoot, Case: 23AHCV01622, Date: 2024-11-08 Tentative Ruling

Case Number: 23AHCV01622    Hearing Date: November 8, 2024    Dept: 3

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT

 

ZIXUAN AN,

                    Plaintiff(s),

          vs.

 

AMERICAN FRANCHISE REGIONAL CENTER, LLC, et al.,

 

                    Defendant(s),

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      CASE NO.: 23AHCV01622

 

[TENTATIVE] ORDER RE: PLAINTIFF’S APPLICATION FOR DEFAULT JUDGMENT AGAINST HU & ASSOCIATES, LLC, JOHN DEYONG HU, SYLVIA YOUNG, AND UNIVERSO HOLDINGS, INC.

 

 

 

 

Dept. 3

8:30 a.m.

November 8, 2024

 

Plaintiff Zixuan An seeks a default judgment against Sylvia Young, John Deyong Hu, Hu & Associates, LLC, and Universo Holdings, Inc. (“Universo”). The Court previously issued a tentative ruling denying Plaintiff’s application for default judgment on the grounds that the Complaint was barred by the statute of limitations. Plaintiff filed a supplemental brief on October 18, 2024, arguing that the statute of limitations was tolled due to delayed discovery. However, the issue of whether Plaintiff’s claims are barred by the statute of limitations is currently before the Court of Appeal because Plaintiff appealed the Court’s ruling sustaining the demurrer filed by defendants American Franchise Regional Center, LLC, Americana Hesperia Retirement Funding LLC, and Agnes Sinclair aka Agnes Yen. Accordingly, the Court lacks jurisdiction to rule on Plaintiff’s application for default judgment until the matter is remanded. The Court therefore sets a case management conference for May 8, 2024, at 8:30 a.m. in Department 3 so that the parties may apprise the Court of the appellate proceedings.

Dated this 8th day of November 2024

 

 

 

William A. Crowfoot

Judge of the Superior Court

 

 

Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.