Huh

Huh v. Wang

Good Law
158 Cal. App. 4th 1406·2007 Cal. App. LEXIS 2144·71 Cal. Rptr. 3d 65
Court of Appeal of CaliforniaDecember 28, 2007No. H030905California6,378 words

Opinion

lead Opinion

McAdams, J.

In this civil action, the appellant challenges an order denying his motion to set aside a summary judgment. For reasons explained below, we affirm.

BACKGROUND

This litigation grew out of a home remodel. Plaintiff and appellant Joe Huh, doing business as Omega Construction, entered into a contract with defendant and respondent Guanyin J. Wang to remodel respondent’s residence.

After disputes arose, appellant filed this action in December 2004 for breach of contract and to enforce a mechanic’s lien. The complaint names respondent as well as several other individuals. 1 All defendants answered, and respondent Wang cross-complained.

Discovery Order (April 2005)

In February 2005, respondent propounded discovery, including requests for admissions. When appellant failed to respond within the time allowed, respondent moved for an order deeming the matters admitted. That motion was granted in April 2005.

Appellant made two unsuccessful attempts to seek reconsideration of the discovery order: a motion presented in April 2005, which the clerk rejected *1412 for filing, and a motion filed in February 2006, which appellant later took off calendar.

Summary Judgment (March…

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