On November 09, 2020 a
Party Notice
was filed
involving a dispute between
Hsieh Xxxxxx,
and
Tang Ying Tai,
for Intentional Bodily Injury/Property Damage/Wrongful Death (e.g., assault, battery, vandalism, etc.) (General Jurisdiction)
in the District Court of Los Angeles County.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FILED
Superior Caurt of California
FOR THE COUNTY OF LOS ANGELES ‘ounty of Los Angeles
NORTHWEST DISTRICT JUN 2 3 2029
SherriR. Carter, ,Ex, uti ificer/Clerk
oTrujil Deputy
xxxxxx HSIEH, Case No. 20STCV42963
Plaintiff,
Vv. RULING ON SUBMITTED MATTER
YING TAI TANG,
Defendant.
The parties appeared fora non-jury trial on 6/01/22 and 6/02/22. Plaintiff xxxxxx
Hsieh appeared through Hans Lin of LB Lin Law Firm, counsel of record for Plaintiff.
Defendant Ying Tai Tang, appeared through Roger Chien of the Law Office of Roger Chien,
counsel of record for Defendant.
Having considered the evidence presented, testimony of the witnesses, and the
arguments of counsel, the Court now issues this Ruling on Submitted Matter.!
Ms. Hsieh filed this complaint on or about 11/09/20 alleging claims of assault, false
imprisonment, trespass, battery, sexual assault/battery, conversion, and intentional
infliction of emotional distress. She filed a first amended complaint (the “FAC”) on or about
12/21/20. Mr. Tang filed an answer to the FAC on 1/27/21.
Ms. Hsieh and Mr. Tang were in a romantic relationship from approximately May
2020 until August 2020. During that time, Ms. Hsieh alleged that Mr. Tang committed a
number of tortious acts against her. The Court finds that Ms. Hsieh has failed to meet her
burden of proofas to any of her claims against Mr. Tang.
Assault
Ms. Hsieh alleged that Mr. Tang assaulted her when he drove his car in a reckless
and dangerous manner and asserted a claim for assault based on that conduct. To succeed
on her cause of action for assault, Ms. Hsieh must prove by a preponderance of the evidence
that (1) Mr. Tang acted with the intent to cause harmful or offensive contact, (2) Ms. Hsieh
reasonably believed harmful contact would occur, (3) Ms. Hsieh did not consent to the
conduct, (4) Ms. Hsieh was harmed, and (5) Mr. Tang’s conduct was a substantial factorin
causing her harm. See Judicial Council of California Civil Jury Instructions, CACI No. 1301.
1 Although neither party requested a statement of decision pursuant to Code of Civil Procedure section 632, the
Court will explain its reasoning in this Ruling on Submitted Matter.
1
Document Filed Date
June 23, 2022
Case Filing Date
November 09, 2020
Category
Intentional Bodily Injury/Property Damage/Wrongful Death (e.g., assault, battery, vandalism, etc.) (General Jurisdiction)
Status
Court Finding - After Court Trial 06/23/2022
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SUPERIOR COURT OF THE STATE OF CALIFORNIA FILED Superior Caurt of California FOR THE COUNTY OF LOS ANGELES ‘ounty of Los Angeles NORTHWEST DISTRICT JUN 2 3 2029 SherriR. Carter, ,Ex, uti ificer/Clerk oTrujil Deputy xxxxxx HSIEH, Case No. 20STCV42963 Plaintiff, Vv. RULING ON SUBMITTED MATTER YING TAI TANG, Defendant. The parties appeared fora non-jury trial on 6/01/22 and 6/02/22. Plaintiff xxxxxx Hsieh appeared through Hans Lin of LB Lin Law Firm, counsel of record for Plaintiff. Defendant Ying Tai Tang, appeared through Roger Chien of the Law Office of Roger Chien, counsel of record for Defendant. Having considered the evidence presented, testimony of the witnesses, and the arguments of counsel, the Court now issues this Ruling on Submitted Matter.! Ms. Hsieh filed this complaint on or about 11/09/20 alleging claims of assault, false imprisonment, trespass, battery, sexual assault/battery, conversion, and intentional infliction of emotional distress. She filed a first amended complaint (the “FAC”) on or about 12/21/20. Mr. Tang filed an answer to the FAC on 1/27/21. Ms. Hsieh and Mr. Tang were in a romantic relationship from approximately May 2020 until August 2020. During that time, Ms. Hsieh alleged that Mr. Tang committed a number of tortious acts against her. The Court finds that Ms. Hsieh has failed to meet her burden of proofas to any of her claims against Mr. Tang. Assault Ms. Hsieh alleged that Mr. Tang assaulted her when he drove his car in a reckless and dangerous manner and asserted a claim for assault based on that conduct. To succeed on her cause of action for assault, Ms. Hsieh must prove by a preponderance of the evidence that (1) Mr. Tang acted with the intent to cause harmful or offensive contact, (2) Ms. Hsieh reasonably believed harmful contact would occur, (3) Ms. Hsieh did not consent to the conduct, (4) Ms. Hsieh was harmed, and (5) Mr. Tang’s conduct was a substantial factorin causing her harm. See Judicial Council of California Civil Jury Instructions, CACI No. 1301. 1 Although neither party requested a statement of decision pursuant to Code of Civil Procedure section 632, the Court will explain its reasoning in this Ruling on Submitted Matter. 1