Case Number: KC066080 Hearing Date: January 26, 2018 Dept: J

Re: Yapu Bamboo Flooring, Inc. v. Ying Lu, etc., et al. (KC066080)

MOTION TO COMPEL FURTHER ANSWERS AND RESPONSES WITHOUT OBJECTION AND FOR MONETARY SANCTIONS

Moving Party: Plaintiff Ampy Bamboo Flooring, Inc. fka Ampu (USA), Inc.

Respondent: Defendants Ying Lu and Haitao Wu

POS: Moving OK; Opposing OK

[PROCEDURAL NOTE: Counsel for plaintiff has improperly combined six discovery motions into one. Counsel for plaintiff is ordered to pay an additional $300.00 filing fee prior to the hearing of the motions.]

Plaintiff is the judgment creditor of Greenwood Flooring Co. Ltd. (“Greenwood”) in the action styled Ampu Flooring, et al. v. Lu, et al., Case No. BC393733 for the amount of $1,122,000, for a total judgment of $1,580,637.71 from Defendants FloorUS.com, Greenwood and Musong Yuang. Greenwood filed for bankruptcy on or about 12/4/12. Prior to filing for bankruptcy, Greenwood, by and through the individual defendants, allegedly transferred all of its assets to in violation of the California Uniform Fraudulent Transfer Act, CC §§ 3439-3439.12. On 6/7/13, plaintiff filed its complaint. On 1/21/16, plaintiff filed its First Amended Complaint.

On 2/2/17, plaintiff dismissed Floor US LLC, without prejudice. On 2/6/17, Floor US LLC filed a “Notice of Stay of Proceedings,” advising of its Chapter 7 bankruptcy. On 2/8/17, plaintiff filed Amendments to Complaint, wherein Ampu Flooring (USA), Inc. was named in lieu of Doe 5 and Yapu Bamboo Flooring Inc. was named in lieu of Doe 6. On 2/21/17, plaintiff filed its First Supplemental Amended Complaint against Defendants Ying Lu aka Christina Lu dba Greenland Flooring dba Elegance dba Greenland Floor dba Greenland Floor Co., Ltd. dba Greenland Premium Floor dba FloorUS.com (“Ying”), Haitao Wu (“Haitao”), Gang Lu (“Gang”), Elegance Floor LLC, Elegance Gallery & Auctioneers, Floor US LLC dba floorus.com, Greenland Floor and Kitchen Co., Inc. dba Greenland Floor, Greenland Floor, Greenland Premium Floor, Greenland Flooring, Greenland Floor Co., Ltd. and Does 1-50 for:

Fraudulent Conveyance

Declaratory Relief

On 2/28/17, plaintiff filed an Amendment to Complaint, wherein Floor US LLC was named in lieu of Doe 7. On 4/3/17, Haitao’s and Ying’s defaults were entered. On 4/13/17, Gang’s default was entered. On 5/15/17, Ampu Flooring (USA), Inc.’s, Yapu Bamboo Flooring Inc.’s and Floor US LLC’s defaults were entered.

A court trial is set for 4/23/18.

Plaintiff Ampy Bamboo Flooring, Inc. fka Ampu (USA), Inc. (“plaintiff”) moves the court for orders compelling Defendants Ying Li and Haitao Wu to provide further responses to its Request for Production of Documents, Sets No. Three, Form Interrogatories, Sets No. Three and Special Interrogatories, Sets No. One.

The motion is ordered off calendar. The court notes that plaintiff did not attach any of the discovery requests or responses to its motion. The separate statement filed in support of plaintiff’s request for further responses as to its Requests for Production of Documents, Set No. Three does not provide the court or opposing counsel with “[t]he text of each response, answer, or objection, and any further responses or answers,” as required by California Rules of Court Rule 3.1345(c)(2).

Further, the Court Reservation System (“CRS”) receipt reflects that it was reserved as one motion to compel further discovery responses. The motion, in fact, appears to be six motions to compel further responses. Counsel for plaintiff is ordered to pay an additional filing fee of $300.00 prior to the hearing date, and is admonished to adhere to CRS guidelines in any future filings and to file (and pay for) separate motions for each discovery vehicle at issue in the future.

This department sets limits via the CRS system on the number and types of motions to be heard on a daily basis in order to efficiently manage its law and motion on more than 400 cases assigned to it. As plaintiff’s counsel has attempted to circumvent those limitations, the motion(s) are ordered off calendar. The respective requests for monetary sanctions are denied.