CHARLES LI VS. MEI LING FANG ET AL

Set for Law and Motion/Discovery Calendar on Friday July 25, 2025, Line 1.

1 - DEFENDANT DEMAS YAN's Motion For Mandatory Dismissal Of Plaintiffs Action. Defendant Yan's motion to dismiss is denied.

Case CGC-18-571386 was consolidated with CGC-22-597421. Yan was defaulted in CGC-18-571386 on April 3, 2023, and plaintiff dismissed CGC-22-597421 as to Yan on July 2, 2025. Yan now seeks to dismiss CGC-18-571386 based on the mandatory 5-year period to bring a case a trial. (See CCP 583.310.)

Yan has no basis to seek that relief since he is in default. (Sporn v. Home Depot USA, Inc. (2005) 126 Cal.App.4th 1294, 1301 ["After the default was entered, defendant was no longer an active party in the litigation and thus was not entitled to any further notices. 'The clerk's entry of default cuts off the defendant's right to take further affirmative steps such as filing a pleading or motion, and the defendant is not entitled to notices or service of pleadings or papers.'"].) That Yan was not defaulted in CGC-22-597421, which is now dismissed, is presently irrelevant to this motion.

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