Case Information

18-CIV-06194 | AMERICAN ASIAN UNITED BUSINESS ASSOCIATION, INC. vs. JOHN C. AKKAYA, et al

Case Number
18-CIV-06194

Court
Civil Unlimited

File Date
11/15/2018

Case Type
(26) Unlimited Other Real Property

Case Status
Active

Party
Plaintiff
AMERICAN ASIAN UNITED BUSINESS ASSOCIATION, INC.

Active Attorneys

Lead Attorney
WATTERS, ANDREW G.
Retained

Cross Defendant (Participant)
AMERICAN ASIAN UNITED BUSINESS ASSOCIATION, INC.

Active Attorneys

Lead Attorney
WATTERS, ANDREW G.
Retained

Defendant
AKKAYA, JOHN C.

Active Attorneys

Lead Attorney
HYNES, MARC G.
Retained

Cross Complainant (Participant)
AKKAYA, JOHN C.

Active Attorneys

Lead Attorney
HYNES, MARC G.
Retained

Defendant
DOES 1-10

Cross Defendant (Participant)
ROES 1 THROUGH 10, INCLUSIVE

Cause of Action

File Date
Cause of Action
Type
Filed By
Filed Against
07/11/2019 Cross-Complaint Action AKKAYA, JOHN C.
AMERICAN ASIAN UNITED BUSINESS ASSOCIATION, INC.
ROES 1 THROUGH 10, INCLUSIVE
11/15/2018 Complaint Action AMERICAN ASIAN UNITED BUSINESS ASSOCIATION, INC.
AKKAYA, JOHN C.
DOES 1-10
Events and Hearings

11/15/2018 New Filed Case

11/15/2018 Ex Parte Fee Paid

11/15/2018 Complaint

Complaint

11/15/2018 Summons Issued / Filed

Summons Issued / Filed

11/15/2018 Civil Case Cover Sheet

Civil Case Cover Sheet

11/15/2018 Notice of Case Management Conference

Notice of Case Management Conference

11/15/2018 Ex Parte Application

Ex Parte Application PLAINTIFF’S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO

Comment
PLAINTIFF’S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION
11/15/2018 Order Denying

Order Denying TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CASE RE PRELIMINARY INJUNCTION

Comment
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CASE RE PRELIMINARY INJUNCTION
11/15/2018 Cause Of Action

Action
ComplaintFile Date
11/15/2018
11/16/2018 Proof of Service by PERSONAL SERVICE of

Proof of Service by PERSONAL SERVICE of SUMMONS; COMPLAINT; ADR INFORMATION PACKAGE; NOTICE OF CASE

Comment
SUMMONS; COMPLAINT; ADR INFORMATION PACKAGE; NOTICE OF CASE MANAGEMENT CONFERENCE; CIVIL CASE COVER SHEET
11/19/2018 Ex Parte Fee Paid

11/26/2018 Ex Parte Application

Ex Parte Application PLAINTIFF’S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO

Comment
PLAINTIFF’S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION.
11/26/2018 Objection

Objection OBJECTION OF MARC G. HYNES TO LATE FILING OF PAPERS FOR PLAINTIFF’S EX PARTE APPLICATION F

Comment
OBJECTION OF MARC G. HYNES TO LATE FILING OF PAPERS FOR PLAINTIFF’S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION.
11/26/2018 Memorandum of Points and Authorities in Opposition

Memorandum of Points and Authorities in Opposition MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITIO

Comment
MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF’S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION.
11/26/2018 Declaration in Opposition

Declaration in Opposition DECLARATION OF JOHN C. AKKAYA IN OPPOSITION TO PLAINTIFF’S EX PARTE APPLIC

Comment
DECLARATION OF JOHN C. AKKAYA IN OPPOSITION TO PLAINTIFF’S EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION.
11/26/2018 Proposed Order Received

Proposed Order Received PROPOSED TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY

Comment
PROPOSED TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION.
11/26/2018 First Amended Complaint

First Amended Complaint

12/05/2018 Proof of Service by PERSONAL SERVICE of

Proof of Service by PERSONAL SERVICE of FIRST AMENDED COMPLAINT

Comment
FIRST AMENDED COMPLAINT
12/06/2018 Notice of Related Case

Notice of Related Case 18UDL01191

Comment
18UDL01191
12/24/2018 Answer (Unlimited)

Answer (Unlimited) Answer TO COMPLAINT

Comment
Answer TO COMPLAINT
03/01/2019 Case Management Statement

Case Management Statement

03/12/2019 Case Management Statement

Case Management Statement

03/20/2019 Case Management Conference

~CIV Minute Order – Case Management Conference 03/20/2019

Judicial Officer
Grandsaert, John L.

Hearing Time
9:00 AM

Result
Held

03/20/2019 Notice of referral to ADR and Notice to file Stipulation and

ADR Referral

ADR Referral

ADR Referral

Comment
Order to ADR within 21 days
03/20/2019 Notice of Mandatory Settlement Conference and Court Trial

Notice of Mandatory Settlement Conference and Court Trial

03/20/2019 Master Calendar to set MSC date accordingly and send notice

04/22/2019 1st Time Extension granted for Filing of Stipulation to ADR

Comment
granted to 5/20/19, per Marc Hynes, by AV
04/23/2019 Mail returned undelivered (unscanned)

Comment
JURY TRIAL AND MSC
04/30/2019 Motion for Leave to File

Motion for Leave to File CROSS- COMPLAINT

Comment
CROSS- COMPLAINT
04/30/2019 Declaration in Support

Declaration in Support OF MOTION FOR LEAVE TO FILE CROSS- COMPLAINT

Comment
OF MOTION FOR LEAVE TO FILE CROSS- COMPLAINT
04/30/2019 Memorandum of Points and Authorities in Support

Memorandum of Points and Authorities in Support OF MOTION FOR LEAVE TO FILE CROSS- COMPLAINT

Comment
OF MOTION FOR LEAVE TO FILE CROSS- COMPLAINT
04/30/2019 Request for Judicial Notice

Request for Judicial Notice IN SUPPORT OF MOTION FOR LEAVE TO FILE CROSS- COMPLAINT

Comment
IN SUPPORT OF MOTION FOR LEAVE TO FILE CROSS- COMPLAINT
05/09/2019 Proof of Service by MAIL of

Proof of Service by MAIL of NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE CROSS-COMPLAINT; ETC… se

Comment
NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE CROSS-COMPLAINT; ETC… served on ANDREW G. WATTERS
05/20/2019 ADR Stipulation and Order Due in Clerk’s Office

05/21/2019 Stipulation and Proposed Order received & forwarded to Dept

Comment
11 SENT FOR SIGNATURE
05/28/2019 Stipulation and Order to ADR

Stipulation and Order to ADR

Judicial Officer
Grandsaert, John L.
06/04/2019 Clerk’s Memo to File

Comment
ADR Stipulation incomplete. ADR staff contacted Plaintiff’s attny and informed him that it was incomplete. Mediation date was not included.
07/11/2019 Motion for Leave

~CIV Minute Order – Motion for Leave 07/11/2019

Judicial Officer
Davis, III, Leland

Hearing Time
9:00 AM

Result
Held

Comment
TO FILE CROSS-COMPLAINT

07/11/2019 Order

Order Type: FOR LEAVE TO FILE CROSS-COMPALINT Signed by: JUDGE LELAND DAVIS Date Signed: 7/11/19

Comment
Type: FOR LEAVE TO FILE CROSS-COMPALINT Signed by: JUDGE LELAND DAVIS Date Signed: 7/11/19
07/11/2019 Cross Complaint

Cross Complaint

07/11/2019 Tentative ruling adopted and becomes order:

Comment
JOHN C. AKKAYS’S MOTION FOR LEAVE FILE CROSS-COMPLAINT. Defendant’s request for Judicial Notice is GRANTED pursuant to Evidence Code Section 452(d). Defendant’s unopposed Motion for Leave to File Cross Complaint is GRANTED pursuant to Code of Civ. Proc. Section 428.50(c).
07/11/2019 Proof of Service by MAIL of

Proof of Service by MAIL of ORDER FOR LEAVE TO FILE CROSS COMPLAINT; CROSS COMPLAINT FOR RENT AND DA

Comment
ORDER FOR LEAVE TO FILE CROSS COMPLAINT; CROSS COMPLAINT FOR RENT AND DAMAGES
07/11/2019 Cause Of Action

Action
Cross-ComplaintFile Date
07/11/2019
08/12/2019 Answer

Answer ANSWER TO CROSS COMPLAINT

Comment
ANSWER TO CROSS COMPLAINT
11/07/2019 Mandatory Settlement Conference Statement received

11/08/2019 Mandatory Settlement Conference Statement received

11/14/2019 Mandatory Settlement Conference

~CIV Minute Order – Mandatory Settlement Conference 11/14/2019

Judicial Officer
Grandsaert, John L.

Hearing Time
9:30 AM

Result
Held

11/26/2019 Motion In Limine

Motion In Limine DEFENDANT’S MOTION IN LIMINE PRECLUDING TESTIMONY OF DAVID

Comment
DEFENDANT’S MOTION IN LIMINE PRECLUDING TESTIMONY OF DAVID
11/26/2019 Declaration in Support

Declaration in Support

11/26/2019 Trial Brief

Trial Brief Defendant’s Trial Brief

Comment
Defendant’s Trial Brief
11/26/2019 Witness List

Witness List Defendant’s Witness List

Comment
Defendant’s Witness List
11/26/2019 Request for Judicial Notice

Request for Judicial Notice

11/26/2019 Proof of Service by OVERNIGHT DELIVERY of

Proof of Service by OVERNIGHT DELIVERY of Defendant’s Witness List;ETC served on SEE SERVICE LIST

Comment
Defendant’s Witness List;ETC served on SEE SERVICE LIST
11/26/2019 Exhibit List

Exhibit List Defendant’s Exhibit List

Comment
Defendant’s Exhibit List
11/27/2019 Exhibit List

Exhibit List PLAINTIFF’S EXHIBIT LIST

Comment
PLAINTIFF’S EXHIBIT LIST
11/27/2019 Witness List

Witness List PLAINTIFF’S WITNESS LIST

Comment
PLAINTIFF’S WITNESS LIST
11/27/2019 Trial Brief

Trial Brief PLAINTIFF’S TRIAL BRIEF

Comment
PLAINTIFF’S TRIAL BRIEF
11/27/2019 Proof of Service by MAIL of

Proof of Service by MAIL of PLAINTIFF’S TRIAL BRIEF;ETC served on SEE SERVICE LIST

Comment
PLAINTIFF’S TRIAL BRIEF;ETC served on SEE SERVICE LIST
12/02/2019 Court Trial

Original Type
Court Trial

Judicial Officer
Karesh, Jonathan E.

Hearing Time
9:00 AM

Result
Not Held

Comment
COURT TRIAL TIME ESTIMATE 2 DAYS

Parties Present
Plaintiff

Attorney: WATTERS, ANDREW G.

Defendant

Attorney: HYNES, MARC G.

12/02/2019 Settlement Conference

~CIV Minute Order – Settlement Conference 12/02/2019

Judicial Officer
Fineman, Nancy L.

Hearing Time
9:00 AM

Result
Held

Comment
DAY OF TRIAL SETTLEMENT CONFERENCE

Parties Present
Plaintiff

Attorney: WATTERS, ANDREW G.

Defendant

Attorney: HYNES, MARC G.

12/02/2019 Court Trial

~CIV Minute Order – Court Trial 12/02/2019

Judicial Officer
Scott, Joseph C.

Hearing Time
02:00 PM

Result
Held

Parties Present
Plaintiff: AMERICAN ASIAN UNITED BUSINESS ASSOCIATION, INC.

Attorney: WATTERS, ANDREW G.

Defendant: AKKAYA, JOHN C.

Attorney: HYNES, MARC G.

12/02/2019 Court Trial

~CIV Minute Order – Court Trial 12/02/2019

Judicial Officer
Karesh, Jonathan E.

Hearing Time
2:00 PM

Result
Not Held

Comment
2 DAYS

Parties Present
Plaintiff

Attorney: WATTERS, ANDREW G.

Defendant

Attorney: HYNES, MARC G.

12/02/2019 Second Amended Complaint

Second Amended Complaint (proposed)

Comment
(proposed)
12/02/2019 Request For

Request For Defendant’s request for jucial notice

Comment
Defendant’s request for jucial notice
12/02/2019 Notice of Motion re:

Notice of Motion re: NOTICE OF MOTION AND MOTION OFR ORDER AMENDING ANSWER OF JOHN AKKAYA TO FIRST A

Comment
NOTICE OF MOTION AND MOTION OFR ORDER AMENDING ANSWER OF JOHN AKKAYA TO FIRST AMENDED COMPLAINT
12/02/2019 Memorandum of Points and Authorities in Support

Memorandum of Points and Authorities in Support OF MOTION FOR ORDER AMENDING ANSWER OF JOHN AKKAYA T

Comment
OF MOTION FOR ORDER AMENDING ANSWER OF JOHN AKKAYA TO FIRST AMENDED COMPLAINT
12/02/2019 Motion

Motion PLAINTIFF’S MOTION FOR LEAVE TO AMEND: DECLARATION OF ANDREW WATTERS

Comment
PLAINTIFF’S MOTION FOR LEAVE TO AMEND: DECLARATION OF ANDREW WATTERS
12/02/2019 Declaration in Support

Declaration in Support OF MARC HYNES IN SUPPORT OF MOTION FOR ORDER AMENDING ANSWER OF JOHN AKKAYA T

Comment
OF MARC HYNES IN SUPPORT OF MOTION FOR ORDER AMENDING ANSWER OF JOHN AKKAYA TO 1ST AMENDED COMPLAINT
12/02/2019 Request For

Request For JUDICIAL NOTICE

Comment
JUDICIAL NOTICE
12/02/2019 Declaration

Declaration OF GARY GENEST

Comment
OF GARY GENEST
12/02/2019 Statement

Statement SEPARATE STATEMENT OF AMENDMENTS

Comment
SEPARATE STATEMENT OF AMENDMENTS
12/23/2019 Notice of Motion and Motion for Leave to Amend

Notice of Motion and Motion for Leave to Amend PLAINTIFF’S MOTION FOR LEAVE TO AMEND; DECLARATION OF

Comment
PLAINTIFF’S MOTION FOR LEAVE TO AMEND; DECLARATION OF ANDREW WATTER’S POINTS AND AUTHORITIES
12/23/2019 Separate Statement

Separate Statement RE: MOTION FOR LEAVE TO AMEND COMPLAINT

Comment
RE: MOTION FOR LEAVE TO AMEND COMPLAINT
12/23/2019 Proposed Order Received

Proposed Order Received PROPOSED SECOND AMENDED COMPLAINT

Comment
PROPOSED SECOND AMENDED COMPLAINT
12/23/2019 Proof of Service by MAIL of

Proof of Service by MAIL of PLAINTIFF’S MOTION FOR LEAVE TO AMEND; ETC

Comment
PLAINTIFF’S MOTION FOR LEAVE TO AMEND; ETC
02/10/2020 Declaration

Declaration OF GARY GENEST

Comment
OF GARY GENEST
02/10/2020 Memorandum of Points and Authorities in Opposition

Memorandum of Points and Authorities in Opposition TO MOTION TO AMEND COMPLAINT

Comment
TO MOTION TO AMEND COMPLAINT
02/10/2020 Request for Judicial Notice

Request for Judicial Notice IN OPPOSITION TO PLAINTIFF’S MOTION TO AMEND COMPLAINT

Comment
IN OPPOSITION TO PLAINTIFF’S MOTION TO AMEND COMPLAINT
02/10/2020 Declaration in Opposition

Declaration in Opposition OF MARC G. HYNES TO PLAINTIFF’S MOTION TO AMEND COMPLAINT

Comment
OF MARC G. HYNES TO PLAINTIFF’S MOTION TO AMEND COMPLAINT
02/10/2020 Declaration

Declaration OF ORHAN TOLU

Comment
OF ORHAN TOLU
02/10/2020 Objection

Objection TO DECLARATION OF ANDREW WATTERS

Comment
TO DECLARATION OF ANDREW WATTERS
02/10/2020 Declaration in Opposition

Declaration in Opposition OF JOHN C. AKKAYA TO PLAINTIFF’S MOTION TO AMEND COMPLAINT

Comment
OF JOHN C. AKKAYA TO PLAINTIFF’S MOTION TO AMEND COMPLAINT
02/13/2020 Proof of Service by PERSONAL SERVICE of

Proof of Service by PERSONAL SERVICE of DEFENDANT’S OPPOSITION TO MOTION TO AMEND COMPLAINT; OBJECTI

Comment
DEFENDANT’S OPPOSITION TO MOTION TO AMEND COMPLAINT; OBJECTION TO DECLARATION OF ANDREW WATTERS; DECLARATION OF JOHN C. AKKAYA IN OPPOSITION TO PLAINTIFF’S MOTION TO AMEND COMPLAINT ETC…
02/18/2020 Memorandum of Points and Authorities in Reply

Memorandum of Points and Authorities in Reply REPLY ON PLAINTIFF’S MOTION FOR LEAVE TO AMEND

Comment
REPLY ON PLAINTIFF’S MOTION FOR LEAVE TO AMEND
02/20/2020 Declaration

Declaration of Orhan Tolu

Comment
OF ORHAN TOLU
02/25/2020 Motion to Amend

Motion to Amend 02/25/2020 ~CIV Minute Order

Judicial Officer
Fineman, Nancy L.

Hearing Time
9:00 AM

Result
Held

02/25/2020 Tentative ruling adopted and becomes order:

Comment
PLAINTIFF’S MOTION FOR LEAVE TO AMEND Plaintiff/Cross-Defendant American Asian United Business Association’s motion for leave to amend its complaint is DENIED. Plaintiff seeks to amend the complaint to substitute “American And Asian Unite Association Corp.” as Plaintiff and to add a cause of action for declaratory relief “concerning the real party in interest on the lease.” Separate Stmt. of Amendments. Plaintiff claims it “mistakenly used the wrong legal name for the corporation in the complaint,…” Notice of Motion filed December 23, 2019 at 1:10-12. Trial was originally set for December 2, 2019, assigned a trial judge, and trial was continued so that the Law and Motion department could decide this matter. Trial is now scheduled for March 23, 2020. The Court is well aware of the policy favoring amendment and that the court’s discretion is to be exercised liberally to permit amendments of pleadings. Weil & Brown, California Practice Guide: Civil Procedure Before Trial 6:638 (TRG 2019). If plaintiff can show that the motion is timely and that there is no prejudice to the opposing party, the motion should be granted. Id. at 6:639. This case, however, is one of those rare cases where, based upon a review of the facts, the Court using its discretion DENIES the motion to amend because Plaintiff should have discovered earlier the “mistake” that its own name was incorrect and the prejudice to Defendants, as a result of the “mistake” is substantial. Plaintiff claims that it only discovered in November 22, 2019 that it had named the wrong plaintiff and no one had picked it up earlier. Declaration of Andrew Watters, parag. 7, 8. The attorney declaration in support of the motion states that when he took on the case in 2018, he relied upon his clients for the correct name of the Plaintiff. Id. parag. 2. The failure to discover for over one year that the correct plaintiff has been named shows a lack of diligence by the Plaintiff. The correct name is a fundamental element of the right to recover. From the outset of the litigation and in discovery responses, Plaintiff had opportunities and failed to discover this error. David Chan (“Chan”), in a declaration signed November 15, 2018 in support of a temporary restraining order, declared under penalty of perjury that he was one of Plaintiff’s corporate officers and stated that Plaintiff signed a lease. Declaration of Marc G. Hynes in opposition to Plaintiff’s motion to amend, ex. A at 3:18-22; see also id., ex. B at .3:11-15 (declaration signed by Chan under penalty of perjury on November 19, 2018 attesting to the same information). In responses to Requests for Admissions, Plaintiff admitted that Chan was a corporate officer and agent of Plaintiff. Id., exs. C and D, Response to Request for Admissions 3 and 4 signed November 7, 2019. At a PMK deposition, Chan testified that he was the vice president and a member of the board of directors of the corporation (referring to Plaintiff). Id., ex. E at 13:1-12. Then, in answers to form interrogatories, Plaintiff stated that it was a corporation and that the name in current articles of incorporation was American and Asian Unite Association Corp. and, from 2018 to the present, it has used the name of American Asian United Business Association, Inc. Id., exs. G and H, response to No. 3.1. Plaintiff’s motion is devoid of any facts explaining the relationship, if any, between the named Plaintiff American Asian United Business Association and American And Asian Unite Association Corp. The interrogatory answer suggests that there was a change in corporate name, but Plaintiff’s motion is based upon “a mistake” as to the legal name. Plaintiff’s Motion at 2:2-3: “The parties jointly made a mistake as to the legal name of the Plaintiff.” The Court notes that Defendants correctly points out that the mistake was Plaintiff’s mistake alone. Accordingly, if leave to amend was granted the case would have to basically start anew. At this point in the proceedings, allowing the complaint to be amended would be prejudicial to Defendant. Based on the current trial date of March 23, Defendant does not have a meaningful opportunity to conduct additional discovery relating to the new plaintiff, the new plaintiff’s proposed cause of action or to potential claims for fraud or corporate piercing. The discovery done to date needs to be redone, including the deposition of the PMK. The trial date would have to be continued. “There is a platoon of authority to the effect that a long unexcused delay is sufficient to uphold a trial judge’s decision to deny the opportunity to amend pleadings, particularly where the new amendment would interject a new issue which requires further discovery.” Green v. Rancho Santa Margarita Mortgage Co. (1994) 28 Cal.App.4th 686, 692. Consistent with this authority, the court denies Plaintiff’s motion. The parties’ requests for judicial notice are GRANTED. Evid. Code 452(c), (d). Judicial notice is taken of the documents’ filing/recording, contents, and legal effect, but not the truth of allegations therein. Defendants’ objection to the Declaration of Andrew Watters at 2:19-21 on the basis of hearsay is OVERRULED for non-hearsay purposes, e.g. the effect on the listener, but SUSTAINED on hearsay grounds for the truth of the matter. If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.
03/13/2020 Mandatory Settlement Conference

Judicial Officer
Grandsaert, John L.

Hearing Time
1:30 PM

03/23/2020 Court Trial

Judicial Officer
Master Calendar, –

Hearing Time
9:00 AM