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2022-01250772·orange·Civil·Civil
Hearing 3 months agoGRANTED

Hot Pepper, Inc. v. mMax Communications, Inc.

Motions to be relieved as counsel of record

Hearing date
May 26, 2026
Department
C28
Prevailing
Moving Party
Next hearing
Jun 26, 2026

Motion type

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Parties

PlaintiffHot Pepper, Inc.
DefendantmMax Communications, Inc.
Cross-DefendantHot Pepper, Inc.
Cross-DefendantXiaoLaJiao (Hong Kong) Technology Co. Ltd.
Cross-DefendantYuan Ning Sun
Cross-DefendantHot Pepper Mobile, Inc.
Cross-DefendantGuihong Long
Cross-DefendantQihua Lin

Attorneys

Joseph T. Ergastolo(Wright, L’Estrange & Ergastolo)for Plaintiff/Cross-Defendant
David H. Kono(Wright, L’Estrange & Ergastolo)for Plaintiff/Cross-Defendant
Jeffrey G. Huron(Stinson LLP)for Cross-Defendant

Ruling

# Case Name Tentative

1. Hot Pepper, Joseph T. Ergastolo, Esq., David H. Kono, Esq., and Wright, Inc. v. L’Estrange & Ergastolo’s motions to be relieved as counsel of mMax record for plaintiff/cross-defendant Hot Pepper, Inc., and Communicat ions, Inc. cross-defendants XiaoLaJiao (Hong Kong) Technology Co. Ltd., Yuan Ning Sun, and Hot Pepper Mobile, Inc. are 2022- GRANTED, effective upon the filing of the proof of service of 01250772 the signed orders upon the clients.

Wright, L’Estrange & Ergastolo is ORDERED to serve each client with their respective signed order via both mail and email, within five days of this hearing.

Jeffrey G. Huron, Esq. and Stinson LLP’s motions to be relieved as counsel of record for cross-defendants XiaoLaJiao (Hong Kong) Technology Co. Ltd., Yuan Ning Sun, and Hot Pepper Mobile, Inc. are GRANTED, effective upon the filing of the proof of service of the signed orders upon the clients.

Stinson LLP is ORDERED to serve each client with their respective signed order via both mail and email, within five days of this hearing.

An order to show cause is set for June 26, 2026 at 9:00 a.m. in Department C28. At the hearing, the Court will dismiss without prejudice the complaint of plaintiff Hot Pepper, Inc. and strike the answer and enter default for cross-defendants Hot Pepper, Inc., XiaoLaJiao (Hong Kong) Technology Co. Ltd., and Hot Pepper Mobile, Inc. for their failure to appear through counsel unless they (1) substitute in new counsel before the hearing or (2) appear at the hearing and show good cause otherwise. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal. App. 4th 1141, 1146 [holding that a corporation must appear through counsel]; Van Gundy v. Camelot Resorts, Inc. (1983) 152 Cal. App. 3d Supp. 29, 31-32 [court should enter default for corporation that fails to appear through counsel].)

The trial date of June 8, 2026 is VACATED. A trial setting conference is scheduled for June 26, 2026 at 9:00 a.m. in Department C28.

Also on June 26, 2026 at 9:00 a.m. in Department C28 the Court sets an order to show cause why cross-defendants Guihong Long and Qihua Lin should not be dismissed for cross-complainants’ failure to serve these cross- defendants. C.C.P. § 583.210.

Moving counsel Ergastolo shall give notice of this ruling.

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