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2018.2.20 Demurrer 521
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.20
Excerpt: ...ank, N.A. (“WF”) and requested that the trustee's sale on their existing loan with WF be postponed but that the property was sold. The complaint was filed 4/28/17. On 8/3/17, this matter was transferred from Department 91 (personal injury hub) to this instant department. The First Amended Complaint, filed 11/22/17, asserts causes of action for: 1. Fraud 2. False Misrepresentation 3. Breach of Contract 4. Gross Negligence A Trial Setting Confe...
2018.2.16 Motion to be Relieved as Counsel 275
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.16
Excerpt: ...its former employee, Defendant Gloria Chen aka Chen Chen aka Chun Chan (“Chen”), conspired with Defendant Alex Chang aka Tao-Ming Chang aka Yuan-Chia Chang (“Chang”) and Defendant Ideoparts to misappropriate its confidential and proprietary information and to defraud it out of hundreds of thousands of dollars. The complaint, filed on 3/4/16 against Defendants Chen, Chang, Ideoparts and DOES 1-50, asserts causes of action for: 1. Breach of...
2018.2.16 Demurrer 786
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.16
Excerpt: ...bered by a promissory note secured by a deed of trust in favor of and for the benefit of Defendant Pacific Reverse Mortgage, Inc. fdba Financial Heritage (“Pacific”). Plaintiff claims that Pacific failed to endorse the note or assign either the note or the deed of trust to Financial Freedom Senior Funding Corporation, such that any title document recorded thereafter is nullified. The complaint, filed 11/8/17, asserts causes of action against ...
2018.2.14 Petition for Declaratory Relief or Leave to File Late Govt Claim 072
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.14
Excerpt: ...tor's area during a baseball game and landing on a pole protruding from the ground. The complaint was filed 5/11/17. The First Amended Complaint, filed 11/20/17, asserts a cause of action against Defendant City of Claremont (“City”) and Does 1-50 for: Dangerous Condition of Public Property. On 12/20/17, City filed its cross-complaint, asserting causes of action therein against Claremont Little League, Lexington Insurance Company and Roes 1-10...
2018.2.14 Motion to Consolidate 099
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.14
Excerpt: ... priest, Father Christopher Cunningham (“Cunningham”), in 2001 and 2002, when he was 12 and 13 years of age. Plaintiff commenced this action on 5/7/15. On 6/30/15, this matter was transferred to our department from Department 91 (personal injury hub). The First Amended Complaint, filed on 8/21/15, asserts causes of action against Defendants Roman Catholic Archbishop of Los Angeles (“Archbishop”), St. Louise De Marillac Catholic Church (�...
2018.2.14 Motion for Summary Judgment or Adjudication 765
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.14
Excerpt: ...action against Defendants Avoda Holding Company, Inc. dba Abacus <0015001300030049005200 55001d[ 1. Violation of Wholesale Sales Representative Contractual Relations Act A Final Status Conference is set for 3/9/17. Trial is set for 3/20/18. Defendants Avoda Holding Company, Inc. dba Abacus Powder Coating (“Abacus”) and Michael Davidoff (“Davidoff”) (collectively, “defendants”) move the court for an order, per CCP § 437c, granting the...
2018.2.14 Motion for Judgment on the Pleadings 660
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.14
Excerpt: ...ith their home inspection fell below the standard of care and that defendants failed to recognize evidence of potential foundation defects. The complaint, filed 8/18/16, asserts causes of action against Defendants David Home Inspection Real Estate Services Group, Inc. (“David Homes”), Christopher Hutchens (“Hutchens”) and Does 1‐ 10 for: 1. Negligence 2. Breach of Contract 3. Statutory Violations/Negligence Per Se On 9/26/16, David Home...
2018.2.14 Motion for Determination of Good Faith Settlement 771
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.14
Excerpt: ...Amended Complaint was filed 1/6/16. On 9/22/16, plaintiffs dismissed their sixth cause of action against Citrus Valley Medical Center and Citrus Valley Health Partners, Inc. (collectively, “The Citrus Defendants”). On 7/21/17, this matter was transferred from Department 91 (personal injury hub) to this instant department. On 9/13/17, the court elected to treat Defendants Kaiser Foundation Health Plan, Inc.'s, Kaiser Foundation Hospitals', Sou...
2018.2.13 Motion to Amend Complaint 327
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.13
Excerpt: ...erty”) after he paid $10,000.00 and made all remaining monthly mortgage payments. Nava added plaintiff to the deed, and plaintiff made all mortgage payments from 10/2/07-6/14. During the time plaintiff was making payments, he obtained several loan modifications on the home with Nava's permission. On/around June 2014, Nava went to the lender, Defendant Ocwen Loan Servicing, LLC (“Ocwen”), and told Ocwen to stop accepting payments from plaint...
2018.2.13 Motion for Summary Judgment 874
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.13
Excerpt: ...wrongful death action brought by the surviving spouse and children of the decedent against the doctors and hospital that provided medical care to the decedent. Plaintiffs commenced this action on 7/8/14. The Second Amended Complaint (“SAC”), filed on 9/28/15, asserts causes of action for: 1. Violation of Elder Abuse & Dependent Adult Civil Protection Act 2. Violation of Patient Bill of Rights 3. Wrongful Death On 6/22/17, plaintiffs filed an ...
2018.2.13 Demurrer 412
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.13
Excerpt: ...The complaint was filed 6/26/17. The First Amended Complaint, filed 9/25/17, asserts causes of action against Defendants IRA Services, Inc., IRA Services Trust Company and Does 1-50 for: 1. Breach of Fiduciary Duty 2. Unfair Business Practices (Bus. & Prof. Code § 17200 et seq.) 3. Violation of Consumer Legal Remedies Act (Civil Code § 1750 et seq.) 4. Violation of the Racketeer Influence and Corrupt Organizations Act (18 U.S.C. § 1961, et seq...
2018.2.2 OSC Re Preliminary Injunction 849
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.2
Excerpt: ...omplaint, filed 12/1/17, asserts causes of action against Defendants Seterus, Inc.; Ocwen Loan Servicing, LLC; Federal National Mortgage Association; All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiffs' Title, or Any Cloud on Plaintiffs' Title Thereto and Does 1-1000 for: 1. Breach of Contract 2. Cancellation of Instruments 3. Violation of Ci...
2018.2.1 Demurrer 400
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.1
Excerpt: ... Amended Complaint, filed on 5/25/17, asserts causes of action against Defendant Maria Felix Briceno (“Briceno”) and Does 1-10 for: 1. Breach of Written Contract 2. Common Counts 3. Libel Per Se—Defamation 4. Intentional Infliction of Emotional Distress On 7/3/17, plaintiff dismissed her third cause of action, without prejudice. On 8/1/17, plaintiff dismissed her fourth cause of action, without prejudice. On 8/30/17, Briceno filed her cross...
2018.2.1 Motion to Bifurcate the Issues of Liability and Damages 389
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.1
Excerpt: ... Power Drain Cleaner,” which he rented from Home Depot. The complaint was filed on 8/6/15. The First Amended Complaint was filed on 9/17/15. The Second Amended Complaint, filed on 1/11/16, asserts causes of action against Defendants Home Depot U.A.S., Inc., GWSC, Salvador C. and Does 1-10 for: 1. Product Liability—Strict Liability 2. Product Liability—Negligence 3. Product Liability—Warranty 4. Product Liability—Misrepresentation On 4/1...
2018.2.1 Motion for Attorneys' Fees and to Tax Costs 381
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.1
Excerpt: ... served by regular mail contrary to CCP § 1005(c); (2) Moving OK; Opposing OK; Reply OK This is a personal injury and loss of consortium action filed by Plaintiffs arising out of propane fire at a 76 gas station. The Complaint alleges that on October 1, 2011, Plaintiff Felipe Mireles went to a 76 gas station to have a propane tank filled and sustained personal injuries caused by a propane fire. Plaintiffs allege that at the time of the incident,...
2018.1.31 Motion to Set Aside Default Judgment 553
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.1.31
Excerpt: ...s LLC”), Cecilia S. Ornelas (“Ornelas”), All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiff's Title, or Any Cloud Upon Plaintiff's Title Thereto and Does 1-100 for: 1. Breach of Fiduciary Duty 2. Constructive Fraud 3. Fraud 4. Reformation of Grant Deed/Quiet Title 5. Negligence 6. Fraudulent Conveyance On 10/30/17, Rodriguez's and Ornel...
2018.1.31 Motion for Summary Judgment, Adjudication 006
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.1.31
Excerpt: ...d medical leave. The complaint, filed 1/13/17, asserts causes of action against Defendants Southern California Permanente Medical Group, Inc., Kaiser Foundation Hospitals (“KFH”), Kaiser Foundation Health Plan, Inc. (“KFHPI”), Permanente Medical Groups (“PMG”) and Does 1-100 for: 1. Race Harassment, Discrimination and Retaliation in Employment [Gov't Code §§ 12940 and 12941 et seq.]; 2. Disability Harassment, Discrimination and Reta...
2018.1.31 Demurrer, Motion to Strike 947
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.1.31
Excerpt: ...as ordered transferred from the personal injury hub to this department on 11/7/17. The CRS records indicate that on 11/15/17 the demurrer/motion to strike was subsequently re-reserved for a 1/31/18 hearing date under reservation ID#171115267407. There is no indication in the file, however, that notice of this new hearing date was provided.) Plaintiff alleges that defendants extracted the wrong tooth. The complaint was filed 4/21/17. On 8/21/17, D...
2018.1.31 Demurrer 376
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.1.31
Excerpt: ...hat defendants failed to properly apply a 2008 payment to their home loan, which led to foreclosure proceedings. The complaint was filed 6/12/17. The First Amended Complaint, filed 9/14/17, asserts causes of action against Defendants Bank of America, N.A., Bank of America, N.A., as successor to Countrywide Home Loans, Inc., Specialized Loan Servicing, LLC, The Bank of New York Mellon fka The Bank of New York, as Trustee for the Certificateholders...
2018.1.9 Motion to Compel Further Responses 691
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.1.9
Excerpt: ...mont College and Claremont University Center (“CGU”) granted to Plaintiff Southern California School of Theology dba Claremont School of Theology (“CST”) certain property (i.e., “Parcels 1 and 2”) via a grant deed recorded 6/5/57. The 1957 deed contains a restriction on CST's freedom to sell Parcels 1 and 2. CGU and CST also entered into an agreement dated 6/5/57, which is referenced in the 1957 deed. In/around August 2015, CST inform...
2018.1.9 Motion for Leave to File Second Amended Complaint 043
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.1.9
Excerpt: ...e that defendants failed to accurately disclose the subject property's boundary line. The complaint was filed 1/30/17. The operative First Amended Complaint, filed 7/28/17, asserts causes of action against Defendants Herbert Schmidt, Waltraudt B. Schmidt, Anthony De La Vara, Sophia De La Vara, Rockpointe Realty Group, Inc. dba Coldwell Banker Alliance Realty and Does 1-20 for: 1. Breach of Contract 2. General Negligence 3. Fraud 4. Rescission 5. ...
2018.1.8 Demurrer, Motion to Strike 410
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.1.8
Excerpt: ...laintiff alleges that, during the period from 8/15-12/16, he made loans to Richard John <0051004400510047004800 0044005100470048005d[”) and Andrew Ernie Quezada aka Andrew Quezada (“Quezada”) which they would lend out to third parties as part of their business making and arranging loans for third party borrowers. Plaintiff alleges that Hernandez has defaulted on promissory notes. Plaintiff alleges that defendants failed to disclose, inter a...
2018.1.8 Demurrer 557
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.1.8
Excerpt: ...d Shumaker v. Shumaker, Case No. FAMRS1400913. The complaint was filed 8/17/17. The First Amended Complaint, filed 10/16/17, asserts causes of action against C.S. Scarcella & Associates, Christopher Scarcella and Does 1-100 for: 1. Legal Malpractice 2. Breach of Fiduciary Duty A Case Management Conference is set for 1/8/18. Defendants C.S. Scarcella & Associates and Christopher Scarcella (“defendants”) demur to the first and second causes of ...
2018.1.5 Motion to Set Aside Default and Default Judgment 222
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.1.5
Excerpt: ...onable Value On 6/9/17, Defendant Hong Dai aka William Dai's (“Dai”) default was entered; that day, Defendant Doer Chemical Machinery Inc. was dismissed, without prejudice. On 8/11/17, the court's default judgment was entered. Defendant Hong Dai aka William Dai moves the court, per CCP § 473, for an order setting aside the default and judgment thereon taken against him on the basis of mistake, inadvertence and excusable neglect. “The court...
2018.1.4 Application for Right to Attach Order and Writ of Attachment 625
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.1.4
Excerpt: ...liam Row dba Brian Row's Flooring (“defendant”), <00480003000b0014000c00 00510057004b00480055[ NCE Propane Power ride on, 10-5625N (“personal property”) for defendant. Defendant, in turn, executed a guaranty and granted plaintiff a security interest in all goods, inventory, equipment, accounts, accounts receivable, investment property, securities, fixtures and other property in which defendant had or would have an interest. Plaintiff alle...

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