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2018.5.17 Motion to Set Aside, Vacate Dismissal, Alter or Amend Judgment 863
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.17
Excerpt: ... filed on 11/16/16. The First Amended Complaint (“FAC”), filed 2/27/17, asserts causes of action for: 1. Wrongful Foreclosure 2. Quiet Title 3. Rescission of Mortgage Under The Federal Truth in Lending Act (“TILA”) (15 U.S.C. § 1601, et seq.) 4. Declaratory Relief 5. Cancellation of Instruments 6. Breach of Contract 7. Breach of the Implied Covenant of Good Faith & Fair Dealing 8. Violation of California Civil Code § 2934(a)(1)(A) 9. Vi...
2018.5.17 Motion to Continue Trial Date 016
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.17
Excerpt: ...�Baer”) for damages its insured, David Chermak (“Chermak”), sustained in an 8/28/13 motor vehicle accident. The complaint was filed on 5/11/16. On 7/17/17, Judge Nieto related this case with Case No. KC068634. On 7/18/17, this action was transferred from the personal injury hub (Department 91) to this department. The Final Status Conference is set for 12/3/18. A jury trial is set for 12/11/18. Case No. KC068634 Plaintiff Chermak was involve...
2018.5.17 Motion for Summary Judgment 502
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.17
Excerpt: ...ages arising out of a 12/26/12 motor vehicle accident on State Route 71 in the City of Pomona (“subject accident”). The complaint was filed on 8/6/13. On 9/29/15, plaintiff filed an Amendment to Complaint, wherein she substituted WMX Logistics, Inc. (“WMX”) in for Doe 1. Case No. BC 524257: Plaintiff Virginia Antonio (“Antonio”) is suing for damages arising out of the subject accident. The complaint was filed on 10/10/13. The First Am...
2018.5.17 Motion for Attorney's Fees, Costs 248
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.17
Excerpt: ...� On 1/10/15, plaintiff loaned Wang another $40,000.00 for American New Era TV Media Group, Inc.'s (“American New Era”) business cash flow as set forth in a second written “Loan Agreement.” Plaintiff claims that defendants failed to repay the loans. The complaint was filed on 2/25/16. The First Amended Complaint, filed 3/7/16, asserts causes of action against Defendants Wang, American New Era and Does 1-10 for: 1. Breach of Contract 2. Fr...
2018.5.16 Motion to Compel Responses 426
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.16
Excerpt: ...ff claims an interest as owner of the real property located at 607 S. Barranca Avenue in Covina (“subject property”). Plaintiff alleges that on or about 12/16/12, Defendant Pensco Trust Company Custodian fba John Gregg II Ira 2004642 (“Pensco”) obtained a Deed of Trust With Assignment of Rents to secure a loan it issued against the subject property, which it recorded on or about 12/27/12. Plaintiff claims that the loan from Pensco, and th...
2018.5.16 Motion for Assignment Order, Restraining Order 120
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.16
Excerpt: ...Tepeyac. The Complaint was filed on 8/2/07. The FAC was filed on 3/10/08. The SAC, filed on 7/10/08, asserts causes of action for: 1. Breach of Contract 2. Fraud 3. Specific Performance 4. Professional Negligence 5. Breach of Fiduciary Duty 6. Accounting On 10/3/08, Defendants Cimax Home Mortgage (“Cimax”)'s, Business Wizard, Inc. (“Business Wizard”)'s, Carlos Aguirre (“Aguirre”)'s and Carlos Flores Carillo (“Carillo”)'s defaults ...
2018.5.15 Motion to Stay Proceedings 521
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.15
Excerpt: ...(“Underlying Action”). Plaintiff claims that An agreed, during settlement negotiations in the Underlying Action, that if plaintiff would place two commercial properties owned by plaintiff's corporation, CBA, Inc. (“CBA”) in trust for their two daughters, she would return the money that she had misappropriated. Plaintiff alleges that in or about June 2015, An took plaintiff to defendants' office to have the trust prepared. Unbeknownst to p...
2018.5.15 Motion to Compel Responses 426
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.15
Excerpt: ...Moving OK Plaintiff claims an interest as owner of the real property located at 607 S. Barranca Avenue in Covina (“subject property”). Plaintiff alleges that on or about 12/16/12, Defendant Pensco Trust Company Custodian fba John Gregg II Ira 2004642 (“Pensco”) obtained a Deed of Trust With Assignment of Rents to secure a loan it issued against the subject property, which it recorded on or about 12/27/12. Plaintiff claims that the loan fr...
2018.5.14 Demurrer 553
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.14
Excerpt: ... the advice of their relative, Defendant Antonio Cruz Rodriguez (“Rodriguez”), after they won a substantial sum of money in the California SuperLotto Plus game. Rodriguez convinced Peraza and Roca that he was an expert at real estate investments and that he would act as their manager and investment counselor to manage their acquisitions and investments and give them tax advice. Peraza and Roca entrusted Rodriguez with the management of RPPI, ...
2018.5.14 Motion for Protective Order 333
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.14
Excerpt: ...to build a casino. Plaintiff claims the representation was false. The complaint was filed on 3/30/16. The First Amended Complaint, filed on 6/7/16, asserts causes of action for: 1. Breach of Contract 2. Fraud and Intentional Misrepresentation or Deceit 3. Negligent Misrepresentation 4. Negligence 5. Breach of Fiduciary Duty 6. Unjust Enrichment On 7/14/16, Lin Ming Tang (“Tang”) and Lin Chang Su Yueh (“Yueh”) filed their cross-complaint. ...
2018.5.11 Motion for Protective Order 796
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.11
Excerpt: ...0/1/17-12/31/17. The complaint, filed 11/14/17, asserts causes of action against Defendants Kaiser Foundation Health Plan, Inc. (:KFHP”), Kaiser Permanente Insurance Company, Kaiser Foundation Hospitals, The Permanente Medical Group and Southern California Permanente Medical Group for: 1. Declaratory Relief 2. Unlawful Business Practices On 3/29/18, KFHP filed its cross-complaint, asserting causes of action therein against plaintiff and Roes 1-...
2018.5.10 Motion to Set Aside Default, Default Judgment 416
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.10
Excerpt: ...�) for damages its insured, Patricia Wong, sustained in an 2/17/16 motor vehicle accident. The complaint, filed 6/27/17, asserts a cause of action for Subrogation against Ingram and Does 1-10. On 11/28/17, Ingram's default was entered. On 1/23/18, the court's default judgment was entered. Defendant John Ingram (“defendant”) moves the court, per CCP § 473(b), for an order to set aside the entry of default and default judgment, on the basis of...
2018.5.2 Motion to be Relieved as Counsel 002
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.2
Excerpt: ...aint, filed 8/2/16, asserts causes of action against Defendants Cigtronix, Inc. dba Mode Vape (“Cigtronix”), Z Vape and Does 1-100 for: 1. Strict Products Liability 2. Negligent Products Liability On 11/2/16, this case was transferred to Pomona from Department 93 (personal injury hub). On 2/23/17, plaintiff filed an “Amendment to Complaint,” wherein Cultura, Inc. was named in lieu of Doe 1. On 3/13/17, Cigtronix filed its cross-complaint,...
2018.5.2 Demurrer 920
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.2
Excerpt: ...ch occurred after decedent had pulled out of the Walnut Valley Commerce Center (“WVCC”) onto Valley Boulevard. The complaint, filed on 12/11/15, asserts causes of action against Defendants City of Pomona (“City”), Luviano, Lizbeth Buciososa (“Bucisosa”), County of Los Angeles (“County”), State of California (“State”) and Does 1-100 for: 1. Premises Liability (Dangerous Condition of Public Property) 2. General Negligence 3. Mot...
2018.5.2 Motion for Summary Judgment 351
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.2
Excerpt: ...t Ave in West Covina (“premises”) as a result of dangerous conditions existing on the premises. The complaint was filed 8/31/16. The First Amended Complaint, filed 11/20/17, asserts causes of action against Defendants TPA/Nasch, LLC dba Torrey Pines Apartment Homes (“TPA”) and Does 1-50 for: 1. General Negligence 2. Premises Liability 3. Loss of Consortium On 12/12/17, plaintiffs filed an “Amendment to Complaint,” wherein Monica Escob...
2018.5.1 Motion to Bifurcate Trial 502
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.1
Excerpt: ...le accident on State Route 71 in the City of Pomona (“subject accident”). The complaint, filed on 8/6/13 against Defendants Western Merchandise Express, Inc. (“WM Express”), Juan R. Carrasco (“Carrasco”) and DOES 1-50, asserts a cause of action for negligence. On 9/29/15, plaintiff filed an Amendment to Complaint, wherein she substituted WMX Logistics, Inc. (“WMX”) in for DOE 1. In case number BC524257, plaintiff Virginia Antonio ...
2018.5.1 Motion for Judgment on the Pleadings 861
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.5.1
Excerpt: ...ts Barrett Daffin Frappier Treder & Weiss, LLP (“BDFTW”); Seleve Finance, LP; Wilmington Savings Fund Society, FSB dba Christian Trust, solely as Trustee for BCAT 2015‐14BTT; Mortgage Electronic Registration Systems, Inc.; Bank of America, N.A. and Does 1‐25 for: 1. Violations of Homeowners Bill of Rights 2. Negligence 3. Injunctive Relief 4. Predatory Lending Practices 5. Violation of Business & Professions Code § 17200 et seq. 6. Const...
2018.4.30 Demurrer, Application for Admission of Pro Hac Vice 012
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.30
Excerpt: ...t Guayaki Sustainable Rainforest Products, Inc. ("defendant") entered into a written distribution agreement ("Agreement') wherein defendant appointed plaintiff as a distributor for certain of defendant: s products in the counties of Los Angeles, Orange and San Bernardino (the "Contracted Territory'). Plaintiff alleges that, through the years following execution of the Agreement: defendant appointed plaintiff as the distributor of certain of defen...
2018.4.30 Demurrer 913
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.30
Excerpt: ...is attorney signed a plea agreement in that case on 3/19/90, but that the deputy district attorney prosecuting the case did not and that, as such, there was no enforceable contract. The complaint, filed 12/28/17, is directed against Defendants “Jacquelyn Lacey, Michael A. Yglecias, City Attorney's; Edward L. Hsu, (CDCR) Legal Processing Unit, et al.” The complaint is a form complaint generally used for personal injury and wrongful death actio...
2018.4.27 Demurrer 427
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.27
Excerpt: ...at they began a medical cannabis cultivation company (“company”) together. Plaintiff alleges that, during his four-month incarceration in 2016, Cervantes began giving away company property to Defendant Sheila Vazin (“Vazin”), did not follow up on the assignment and assumption of the company's commercial lease agreement, accused plaintiff of forging signatures on her checks and stealing her identity, falsely obtained a restraining order ag...
2018.4.27 Claim of Exemption 619
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.27
Excerpt: ...sembling plaintiffs' vehicles and threatened the sale of plaintiffs' vehicles at lien sales if they did not pay. Plaintiffs also allege that defendants removed items from their vehicles and sold the items, and that defendants failed to use quality parts as promised. Plaintiffs commenced this action on 5/5/15. The First Amended Complaint was filed on 5/13/15. The Second Amended Complaint (“SAC”), filed on 10/1/15, asserts causes of action for:...
2018.4.26 Motion for Summary Judgment, Adjudication 225
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.26
Excerpt: ...n of Misty Blackmon, Personally, and the Estate of Misty Blackmon POS: (1)-(4) Moving OK; Opposing OK; (1), (3) and (4) Replies OK In this medical malpractice action, the complaint, filed 4/27/16, asserts causes of action against Defendants Kaiser Foundation Health Plan, Inc., Kaiser Foundation Hospitals, Southern California Permanente Medical Group, Kaiser Permanente Ontario Medical Center, Shirin Badrtalei-Shah, D.O., San Antonio Regional Hospi...
2018.4.25 Motion to Discharge Stakeholder RTD, for Attorney Fees 467
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.25
Excerpt: ... at 23726 Silver Spray Drive in Diamond Bar. On 7/19/17, plaintiff filed its complaint in interpleader and “Notice of Deposit of Interpleader Funds.” That same day plaintiff deposited $114,043.76 with the court. The complaint has been answered by defendants Nian Liu and Sophia Li. On 3/1/18, Defendant Yihua Zhong's default was entered. A Case Management Conference is set for 4/25/18. Plaintiff Redwood Trust Deed Services, Inc. (“plaintiff�...
2018.4.25 Motion for Summary Judgment, Adjudication 333
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.25
Excerpt: ...ts' alleged representation that the subject property was located on Indian reservation land, with the potential to build a casino. Plaintiff claims the representation was false. The complaint was filed on 3/30/16. The First Amended Complaint, filed on 6/7/16, asserts causes of action for: 1. Breach of Contract 2. Fraud and Intentional Misrepresentation or Deceit 3. Negligent Misrepresentation 4. Negligence 5. Breach of Fiduciary Duty 6. Unjust En...
2018.4.24 Motion for Summary Judgment, Adjudication 333
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.24
Excerpt: ...Opposing OK; Reply OK Plaintiff agreed to purchase a property for $5 million based upon defendants' alleged representation that the subject property was located on Indian reservation land, with the potential to build a casino. Plaintiff claims the representation was false. The complaint was filed on 3/30/16. The First Amended Complaint, filed on 6/7/16, asserts causes of action for: 1. Breach of Contract 2. Fraud and Intentional Misrepresentation...
2018.4.24 Motion to Compel Further Responses, Production of Docs 890
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.24
Excerpt: ...(collectively, “defendants”) and Does 1-40 for: 1. Negligence Per Se 2. Negligence 3. Elder Abuse 4. Intentional Infliction of Emotional Distress 5. Fraud 6. Negligent Misrepresentation 7. Breach of Contract 8. Breach of Implied Duty to Perform with Reasonable Care 9. Criminal Abuse (Penal Code § 368) 10. Unfair Competition On 10/12/17, this action was transferred from the personal injury hub (Department 92) to this department. On 12/19/17, ...
2018.4.24 Demurrer 947
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.24
Excerpt: ... Moving OK; Opposing served by regular mail contrary to CCP § 1005(c); (5) and (6) See below Plaintiff alleges that defendants pulled the wrong tooth. The complaint was filed 4/21/17. On 9/8/17, plaintiff filed her First Amended Complaint (“FAC”). On 11/7/17, this matter was transferred from Department 91 (personal injury hub) to this department. On 12/26/17, plaintiff purported to file her Second Amended Complaint (“SAC”) without leave ...
2018.4.24 Motion to Compel Arbitration, Dismiss or Stay Judicial Proceedings 576
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.24
Excerpt: ...Cable) (“TWC”), claims he was continually subjected to harassing, threatening and abusive behavior from his supervisor, Adam Whalen (“Whalen”), on the basis of his race and disability. Plaintiff further claims that he was retaliated against for informing Whalen that other DSRs were committing fraud in relation to the sale and/or installation of products. The complaint, filed 8/23/17, asserts causes of action against TWC, Whalen and Does 1...
2018.4.24 Motion to Strike Complaint 823
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.24
Excerpt: ... (“plaintiffs”) allege that they became residential tenants of the premises located at 2428 Gail Court in West Covina (“subject premises”) via a written rental agreement commencing 5/9/14. Plaintiffs allege that premises suffered from uninhabitable conditions which were not disclosed at the commencement of the lease. Plaintiffs allege that they notified their landlord, Van Butenschoen (“Butenschoen”), of the uninhabitable conditions a...
2018.4.23 Demurrer 920
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.23
Excerpt: ...er decedent had pulled out of the Walnut Valley Commerce Center (“WVCC”) onto Valley Boulevard. The complaint, filed on 12/11/15, asserts causes of action against Defendants City of Pomona (“City”), Luviano, Lizbeth Buciososa (“Bucisosa”), County of Los Angeles (“County”), State of California (“State”) and Does 1‐100 for: 1. Premises Liability (Dangerous Condition of Public Property) 2. General Negligence 3. Motor Vehicle 4....
2018.4.20 Motion to Vacate Default, Judgment, Demurrer 553
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.20
Excerpt: ...ary to CCP § 1005(c); (2): See below The complaint, filed 8/16/17, asserts causes of action against Defendants Antonio Cruz Rodriguez (“Rodriguez”), Cecilia S. Ornelas, LLC (“Ornelas 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 D...
2018.4.20 Motion to Fix Undertakiing to Stay Enforcement 347
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.20
Excerpt: ...ction against Defendants Donald Lechuga (“Lechuga”) and Does 1-50 for: 1. Breach of Contract 2. Specific Performance On 7/6/17, Lechuga's default was entered. On 8/15/17, a default judgment was entered. On 11/28/17, the court vacated its 8/15/17 judgment, in connection with plaintiff's motion for order amending judgment due to inadvertent drafting error pursuant to CCP § 473 and inherent power of court. On 1/12/18, the court denied Lechuga's...
2018.4.19 Petition to Create Special Needs Trust, to Compromise Claim of Person with Disabillity 077
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.19
Excerpt: ...opez (“Lopez”), an employee of Los Angeles County Office of Education (“LACOE”). The complaint, filed on 7/14/15, asserts causes of action against Defendants LACOE, West Covina Unified School District (“WCUSD”) and Lopez for: 1. Negligent Supervision of Students 2. Negligent Retention, Hiring, Supervision 3. Intentional Infliction of Emotional Distress 4. Sexual Assault 5. Sexual Battery On 4/28/17, WCUSD filed its cross-complaint, as...
2018.4.19 Motion to Correct Judgment Nunc Pro Tunc 243
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.19
Excerpt: ... filed; that day, the case was ordered dismissed without prejudice. On 12/29/08, the Judgment by Court on Stipulation was entered. Plaintiff/Judgment Creditor Carmen Salcido (“Salcido”) moves the court, per CCP § 473(d), for an order correcting, nunc pro tunc, a clerical mistake on its 12/29/08 judgment. The 12/29/08 judgment states that it is for Salcido (in Item 5.a.) and for Defendants Sharma Developments, Inc. and Sanjesh Sharma (“Shar...
2018.4.19 Motion to Trifurcate Trial 634
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.19
Excerpt: ...llegedly caused by Defendant William Joseph Baer (“Baer”). Plaintiff alleges that the damage to his 2002 Porsche 911 Turbo Two Door Coupe (“subject vehicle”) was such that it should have been declared a total loss; instead, his insurer only paid for the repair of the subject vehicle. The complaint, filed on 8/8/16, asserts causes of action for: 1. Negligence—Vehicle Accident 2. Breach of Contract 3. Violation of Business and Professions...
2018.4.18 Motion to Compel Further Responses 922
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.18
Excerpt: ...h of Contract 2. Breach of Covenant of Good Faith and Fair Dealing 3. Breach of Covenant of Quiet Enjoyment 4. Fraud 5. Nuisance 6. Negligent Infliction of Emotional Distress 7. Punitive Damages 8. Negligence On 4/4/17, the court sustained Rue Royale, LLC's and Jones' demurrer to the fourth and seventh causes of action without leave to amend. The Final Status Conference is set for 10/15/18. A jury trial is set for 10/23/18. Defendants Rue Royale ...
2018.4.18 Demurrer 932
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.18
Excerpt: ...nts Paolo Linao, Christiane Linao (collectively, “The Linaos”), Carlos Gallegos (“Gallegos”), Francis Michael Bautista (“Bautista”), George Realty The Heights, Inc. (“George Realty”) and Does 1-50 for: 1. Breach of Contract 2. Negligence On 3/28/18, The Linaos filed their cross-complaint, asserting causes of action therein against Gallegos, Bautista, George Realty and Roes 1-50 for: 1. Implied Indemnity 2. Declaratory Relief 3. Ap...
2018.4.17 Motion to Compel Further Responses 922
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.17
Excerpt: ...10 for: 1. Breach of Contract 2. Breach of Covenant of Good Faith and Fair Dealing 3. Breach of Covenant of Quiet Enjoyment 4. Fraud 5. Nuisance 6. Negligent Infliction of Emotional Distress 7. Punitive Damages 8. Negligence On 4/4/17, the court sustained Rue Royale, LLC's and Jones' demurrer to the fourth and seventh causes of action without leave to amend. The Final Status Conference is set for 10/15/18. A jury trial is set for 10/23/18. Defend...
2018.4.16 Motion to Compel Further Responses 922
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.16
Excerpt: ...for: 1. Breach of Contract 2. Breach of Covenant of Good Faith and Fair Dealing 3. Breach of Covenant of Quiet Enjoyment 4. Fraud 5. Nuisance 6. Negligent Infliction of Emotional Distress 7. Punitive Damages 8. Negligence On 4/4/17, the court sustained Rue Royale, LLC's and Jones' demurrer to the fourth and seventh causes of action without leave to amend. The Final Status Conference is set for 10/15/18. A jury trial is set for 10/23/18. Defendant...
2018.4.13 Motion for Leave to File Complaint 438
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.13
Excerpt: ... a cause of action against Defendants Charles L. Keagle (“Keagle”) and Does 1-10 for Unlawful Detainer. On 7/18/17, plaintiff filed “Amendment[s] to Complaint,” wherein it substituted “C&C Services” in lieu of Doe 1, “The C&C Organization” in lieu of Doe 2, and “Cask N' Cleaver” in lieu of Doe 3. On 10/12/17, the case was re-assigned to this department from Department O. On 10/19/17, the parties stipulated that possession of t...
2018.4.13 Demurrer 805
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.13
Excerpt: ...arance fee. The other moving parties are ordered to pay this fee prior to the hearing of the demurrer]. This action is a dispute between members of Sun Spirit Development, LLC (“LLC”). The complaint, filed 11/17/17, asserts causes of action against Defendants Cuong Diep, Zhibin Tan, Zhijing Tan, AA Investment Services Inc., All Persons Unknown Claiming Any Legal or Equitable Right, Title, Estate, Lien or Interest in the Property Described in ...
2018.4.11 Demurrer, Motion to Strike 869
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.11
Excerpt: ...Amended Complaint, filed 12/18/17, asserts causes of action against Defendants Red Roof Inns, Inc., RR Tog II, LLC dba Red Roof Inn San Dimas—Fairplex and Does 1‐20 for: 1. Battery 2. Negligence 3. Intentional Infliction of Emotional Distress 4. Fraudulent Concealment On 3/8/18, this matter was transferred from Department 92 (personal injury hub) to this instant department. A status hearing is set for 4/11/18. DEMURRER TO FIRST AMENDED COMPLA...
2018.4.10 Motion to Compel Further Responses 276
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.10
Excerpt: ...vel quarry consisting of approximately 65 acres of undeveloped land in the City of Irwindale (“City”). The complaint was filed on 8/26/13. On 10/15/13, this case was deemed related to case number KC066049, Irwindale Partners L.P. v. USA Waste of California, et al. The First Amended Complaint was filed February 13, 2014. On 8/30/16, Dispatch Transportation, LLC dba Windrow Earth Transport (“Dispatch”) filed its Chapter 7 bankruptcy petitio...
2018.4.10 Motion to Set Aside Default Judgment, for Leave to File Answer 630
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.10
Excerpt: ... install a new radiator in plaintiff's car in return for payment of $2,500.00 in two installments. Plaintiff alleges that the Makkar provided substandard service, utilized defective parts, and demanded payment of an additional $1,000.00. The complaint, filed 8/3/16, asserts causes of action against Defendants Makkar, Excel Motor Works Inc. (“Excel”) and Does 1-10 for: 1. Fraud by Intentional Misrepresentation 2. Strict Liability—Manufacturi...
2018.4.10 Application for Writ of Possession 783
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.10
Excerpt: ...n exchange for two 2015 Wabash Duraplates, Serial Nos. 1JJV532D6FL897025 and 1JJV532D1FL897028. On or about 11/9/15, plaintiff entered into a second written equipment finance agreement (“Agreement #2”) with B&G, wherein B&G agreed to pay plaintiff $883.25/month for 48 months in exchange for a 2008 Volvo, Serial No. 4V4NC9TG88N492757. Both Agreement #1 and #2 were guaranteed by Defendant Lourdes R. Giraldo (“Giraldo”). Plaintiff claims tha...
2018.4.9 Motion for Leave to Conduct Med Exam 502
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.9
Excerpt: ...02: Plaintiff Sandra Vaughan (“Vaughan”) is suing for damages arising out of a 12/26/12 motor vehicle accident on State Route 71 in the City of Pomona (“subject accident”). The complaint was filed on 8/6/13. On 9/29/15, plaintiff filed an Amendment to Complaint, wherein she <0055000300270052004800 0300140011[ Case No. BC 524257: Plaintiff Virginia Antonio (“Antonio”) is suing for damages arising out of the subject accident. The compla...
2018.4.9 Motion to Compel Arbitration 400
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.9
Excerpt: ...ient fee dispute. The complaint was filed on 4/26/17. The First 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...
2018.4.6 Petition to Compel Arbitration, Motion to Stay 943
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.6
Excerpt: ...pital—Ontario and Does 1‐50 for: 1. Elder Abuse/Neglect 2. Professional Negligence 3. Violation of Patient's Rights 4. Wrongful Death On 12/22/17, this matter was transferred from Department 93 (personal injury hub) to this department. A Status Hearing is set for 4/6/18. Defendant The Orange County, Inc. dba Kindred Hospital Ontario (“Kindred Ontario”) petitions the court, per the Federal Arbitration Act (“FAA”) and CCP §§ 1281, 128...
2018.4.5 Demurrer 174
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.5
Excerpt: ...ndants harassed her and discriminated against her for taking pregnancy disability leave. Plaintiff further claims that defendants retaliated against her for complaining about harassment and discrimination. The complaint was filed 3/28/17. On 5/9/17, Defendant Mount San Antonio College's (“Mt. SAC”) default was entered. The First Amended Complaint, filed 10/18/17, asserts causes of action against Defendants Mt. SAC, Ibrahim “Abe” Ali, Iren...
2018.4.2 Motion to Compel Further Responses 276
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.2
Excerpt: ... of California, Inc.; (2) Defendant Commodity Trucking Acquisition, LLC POS: (1) and (2): Moving OK; Opposing OK; Reply OK [PROCEDURAL NOTE: Counsel for plaintiff has combined two discovery motions into one. Counsel for plaintiff is ordered to pay an additional $60.00 filing fee prior to the hearing of the motion.] This action arises from a dispute involving the filling of the Arrow Pit, a former open pit sand and gravel quarry consisting of appr...
2018.4.2 Motion to Consolidate 400
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.4.2
Excerpt: ...s 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- complaint, asserting a cause of action against plaintiff and Does 1-5 for Breach of Fiduciary Duties. On 8/31/17, the cour...
2018.3.29 Motion to be Relieved as Counsel 002
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.29
Excerpt: ...omplaint, filed 8/2/16, asserts causes of action against Defendants Cigtronix, Inc. dba Mode Vape (“Cigtronix”), Z Vape and Does 1-100 for: 1. Strict Products Liability 2. Negligent Products Liability On 11/2/16, this case was transferred to Pomona from Department 93 (personal injury hub). On 2/23/17, plaintiff filed an “Amendment to Complaint,” wherein Cultura, Inc. was named in lieu of Doe 1. On 3/13/17, Cigtronix filed its cross-compla...
2018.3.29 Motion to Strike Complaint 823
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.29
Excerpt: ...st Covina (“subject premises”) via a written rental agreement commending 5/9/14. Plaintiffs allege that subject premises suffered from uninhabitable conditions which were not disclosed at the commencement of the lease. Plaintiffs allege that they notified their landlord, Van Butenschoen (“Butenschoen”), of the uninhabitable conditions and requested that he make repairs, but that they ended up making the repairs themselves after Butenschoe...
2018.3.28 Motion for Determination of Good Faith Settlement 043
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.28
Excerpt: ... Turnbull Canyon in La Puente (“subject property”). Plaintiffs allege 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 f...
2018.3.28 Motion to Stay Litigation 381
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.28
Excerpt: ...s 66 Company POS: Moving OK; Opposing OK; Reply OK; Joinder request untimely [1] 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, Defenda...
2018.3.28 Motion for Summary Judgment, Adjudication 769
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.28
Excerpt: ... Ellsworth Street, LLC (“14255 Ellsworth”), City of Pomona, County of Los Angeles (“County”), State of California and Does 1‐100 for: 1. Premises Liability 2. Negligence (v. 14255 Ellsworth only) On 1/19/17, 14255 Ellsworth filed its cross‐complaint, asserting causes of action against “Unnamed Roes” for: 1. Total or Comparative Equitable Indemnity 2. Contribution 3. Express Indemnity 4. Declaratory Relief On 3/17/17, plaintiff dis...
2018.3.27 Motion to Set Aside Default Judgment, Leave to File Answer 630
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.27
Excerpt: ...ll a new radiator in plaintiff's car in return for payment of $2,500.00 in two installments. Plaintiff alleges that the Makkar provided substandard service, utilized defective parts, and demanded payment of an additional $1,000.00. The complaint, filed 8/3/16, asserts causes of action against Defendants Makkar, Excel Motor Works Inc. (“Excel”) and Does 1-10 for: 1. Fraud by Intentional Misrepresentation 2. Strict Liability—Manufacturing Def...
2018.3.27 Motion to Tax Costs 830
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.27
Excerpt: ... Withholding Order. The complaint, filed on 10/31/16, asserts causes of action against Defendants Platinum Home Mortgage Corporation (Platinum), New Ventures, Inc. (“NVI”), Sanjesh Sharma (“S. Sharma”), Aracely Sharma (“A. Sharma”) and Does 1-10 for: 1. Failure to Honor Earnings Withholding Order (v. Platinum only) 2. Failure to Honor Assignment Order (v. all defendants) 3. Tortious Acts to Hinder, Deter and Defraud Creditor (v. Plati...
2018.3.26 Demurrer, Motion to Strike 491
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.26
Excerpt: ...ntrary to CCP § 1005(c) Plaintiff alleges that he purchased the real property located at 4847 Slancroft Avenue in Baldwin Park (“subject property”) from George “Frank” Alvarez (“Alvarez”) in 2005 and thereafter made mortgage payments to him. Alvarez apparently sold the subject property in 2017 to Oseguera Investments Inc. The complaint was filed 7/27/17. The First Amended Complaint, filed 2/8/18, asserts causes of action against Defe...
2018.3.26 Motion for Judgment on the Pleadings 873
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.26
Excerpt: ... and manages same through Plaintiff Mesarica Management, LLC. On or about 4/5/16, Yan entered into a “Lease Listing Agreement—Exclusive Authorization to Lease or Rent” with Han International Group Inc. dba Han Realty (“Han”). Yan alleges that Han's supervising broker, April Lin (“A. Lin”), represented to Yan that her friend Shigang Li (“S. Li”) was interested in leasing the subject property for himself and his son to use when th...
2018.3.26 Application for Pro Hac Vice Admission 473
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.26
Excerpt: ...es of action against Defendants Lamosa USA Corp., Home Depot Inc. and Does 1-20 for: 2 3 Negligence Strict Products Liability Breach of Implied Warranties On 12/14/17, this matter was transferred from Department 97 (personal injury hub) to this department A court trial is set for 10/22/18. Defendant Sanitarlos Lamosa_ SA De C V. moves, pursuant to Califomia Rules of Coun ("CRU) Rule 9 40, for an order allowing the pro hac vice admission of attome...
2018.3.23 Motion for Determination of Good Faith Settlement 043
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.23
Excerpt: ... Turnbull Canyon in La Puente (“subject property”). Plaintiffs allege 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 f...
2018.3.23 Motion for Attorney's Fees 125
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.23
Excerpt: ...“subject property”); Shtawee, LLC (“Shtawee”) is the subject property's landlord. Plaintiffs seek the court to declare (1) the lease remain in full force and effect, (2) plaintiffs are entitled to the benefit of an option to extend and that (3) plaintiffs are not in default of the lease. The complaint was filed on 3/13/17. The First Amended Complaint, filed 7/13/17, asserts causes of action against Shtawee, Johnson Wei, Dabu Enterprises a...
2018.3.22 Application for Writ of Possession 870
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.22
Excerpt: ...the purchase of certain personal property described as a 2015 Chevrolet Suburban motor vehicle, Vehicle Identification No. 1GNSCHEC1FR623463 (“subject vehicle”). Pursuant to the Agreement, Ghazaryan agreed to make monthly installment payments until paid in full. Plaintiff thereafter received the Agreement by assignment, and its lienholder interest in the subject vehicle was perfected. Plaintiff alleges that, on or about 7/30/17, Ghazaryan def...
2018.3.21 Motion to Dismiss Complaint 276
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.21
Excerpt: ...ng of approximately 65 acres of undeveloped land in the City of Irwindale (“City”). The complaint was filed on 8/26/13. On 10/15/13, this case was deemed related to case number KC066049, Irwindale Partners L.P. v. USA Waste of California, et al. The First Amended Complaint was filed February 13, 2014. On 8/30/16, Dispatch Transportation, LLC dba Windrow Earth Transport (“Dispatch”) filed its Chapter 7 bankruptcy petition; on 9/1/16, Dispa...
2018.3.20 Motion to Tax Costs 830
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.20
Excerpt: ... Withholding Order. The complaint, filed on 10/31/16, asserts causes of action against Defendants Platinum Home Mortgage Corporation (Platinum), New Ventures, Inc. (“NVI”), Sanjesh Sharma (“S. Sharma”), Aracely Sharma (“A. Sharma”) and Does 1-10 for: 1. Failure to Honor Earnings Withholding Order (v. Platinum only) 2. Failure to Honor Assignment Order (v. all defendants) 3. Tortious Acts to Hinder, Deter and Defraud Creditor (v. Plati...
2018.3.20 Motion to Strike 432
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.20
Excerpt: ...nctioned when he was out on a trial run and caused him to sustain serious injuries. The complaint, filed on 10/8/15, asserts a cause of action for: Products Liability—Manufacturing Defect. On 10/21/16, this matter was transferred from Department 93 (personal injury hub) to this department. A Trial Setting Conference is set for 3/15/18. Plaintiff Christopher Bory (“plaintiff”) moves the court for an order, per CCP §§ 435-437, striking out ...
2018.3.19 Motion to Approve Final Accounting, Etc 348
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.19
Excerpt: ...opposition filed (due 3/6/18) POS: Moving OK In this breach of contract action, Plaintiff Cathay Bank (“Bank”) alleges that Defendant Melrose Creations, Inc. (“Melrose”) defaulted on the terms of a promissory note in the sum of $2,100,000.00 (“Note 1”), by failing to pay in full on its maturity date of February 29, 2016; and that Defendant also breached the terms of a promissory note in the sum of $500,000.00 (“Note 2”), by failin...
2018.3.19 Motion for Attorney's Fees 830
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.19
Excerpt: ...onor an Earnings Withholding Order. The complaint, filed on 10/31/16, asserts causes of action against Defendants Platinum Home Mortgage Corporation (Platinum), New Ventures, Inc. (“NVI”), Sanjesh Sharma (“S. Sharma”), Aracely Sharma (“A. Sharma”) and Does 1-10 for: 1. Failure to Honor Earnings Withholding Order (v. Platinum only) 2. Failure to Honor Assignment Order (v. all defendants) 3. Tortious Acts to Hinder, Deter and Defraud Cr...
2018.3.16 Demurrer, Motion to Strike 410
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.16
Excerpt: ...pposing OK; Replies OK Plaintiff 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 fai...
2018.3.15 Motion to Vacate Dismissal, Enter Judgment 245
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.15
Excerpt: ...On 7/14/17, the parties filed a “Stipulation for Conditional Entry of Judgment;” that day, the “Order for Entry of Stipulation for Conditional Entry of Judgment and Dismissal Without Prejudice Pursuant to CCP § 664.6” was filed. Plaintiff American Express Bank, FSB moves this court, per CCP § 664.6, for an order vacating the dismissal in this case and entering judgment against Defendants Wei Li aka Wei L Li aka Wei L Jacky and Dynasty A...
2018.3.15 Demurrer 873
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.15
Excerpt: ...as (“subject property”) and manages same through Plaintiff Mesarica Management, LLC. On or about 4/5/16, Yan entered into a “Lease Listing Agreement—Exclusive Authorization to Lease or Rent” with Han International Group Inc. dba Han Realty (“Han”). Yan alleges that Han's supervising broker, April Lin (“A. Lin”), represented to Yan that her friend Shigang Li (“S. Li”) was interested in leasing the subject property for himself...
2018.3.15 Motion to Compel Further Responses 234
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.15
Excerpt: ...ined injuries in a 9/28/11 motor vehicle accident at or near the eastbound SR‐60 and I‐605 freeways. The complaint was filed on 9/12/13. On 1/14/14, plaintiff dismissed Defendant EMO Line Express, Inc. (“EMO”), without prejudice. On 1/27/14, Judge Beaudet related Case Nos. BC521670 and BC521234; on 12/5/14, the foregoing cases were consolidated, per the parties' stipulation. On 9/23/16, Mendoza filed his First Amended Complaint, asserting...
2018.3.15 Motion to Order Mental Exam 002
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.15
Excerpt: ... his parish 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...
2018.3.14 Demurrer 579
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.14
Excerpt: ...hellman Avenue in San Dimas. The complaint was filed 8/24/17. The First Amended Complaint, filed 12/1/17, asserts causes of action against Defendants U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, Caliber Home Loan, Inc., Federal National Mortgage Association (erroneously sued as Federal National Mortgage Association as Trustee for Fannie Mar Remic Trust 2007-26) and Does 1-5 for: 1. Lack of Standing/Wrongful Foreclosure 2...
2018.3.14 Motion for Leave to File Complaint 408
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.14
Excerpt: ...eader Enterprises Co. Ltd. Inc.) (“defendant”) specific performance of a purchase and sale agreement relating to the residential property located at 2675 Broken Feather Lane in Diamond Bar. The complaint, filed 6/23/17, asserts causes of action against defendant and Does 1-30 for: 1. Specific Performance 2. Breach of Contract On 7/13/17, defendant filed its cross-complaint, asserting causes of action against plaintiffs and Roes 1-50 for: 1. B...
2018.3.14 Motion for Leave to File Complaint 725
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.14
Excerpt: ...t. Plaintiff claims that Lopez breached the contracts by failing to pay for the services rendered. Plaintiff alleges that on or around 4/26/17, it entered into a second written contract with Lopez, wherein plaintiff agreed to construct additional rooms for plaintiff's property in exchange for payment. <0057005500440046005700 004800560056004c0051[g his intent not to proceed with same when the amount of the City's fee was advised to him. The compla...
2018.3.14 Motion to Amend Proceeding, Default Judgment 187
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.14
Excerpt: ...sserts causes of action against Hanz Jimenez, Fitcon LA and Does 1‐20 for: 1. Intentional Misrepresentation 2. Negligent Misrepresentation 3. Negligence 4. Unfair Business Practices—Business & Professions Code § 17200 5. Breach of Contract 6. Breach of the Implied Covenant of Good Faith and Fair Dealing 7. Fraud and Deceit/Concealment 8. Violation of California Penal Code § 496(a) 9. Breach of Fiduciary Duty 10. Promissory Estoppel 11. Inju...
2018.3.13 Motion to Amend Complaint 327
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.13
Excerpt: ...located at 13637 Moccasin St. in La Puente (“subject property”) 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...
2018.3.13 Motion to Strike Complaint 823
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.13
Excerpt: ...ants of the premises located at 2428 Gail Court in West Covina (“subject premises”) via a written rental agreement commencing 5/9/14. Plaintiffs allege that premises suffered from uninhabitable conditions which were not disclosed at the commencement of the lease. Plaintiffs allege that they notified their landlord, Van Butenschoen (“Butenschoen”), of the uninhabitable conditions and requested that he make repairs, but that they ended up m...
2018.3.13 Motion for Reconsideration 546
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.13
Excerpt: ...on in damages from defendants. Plaintiff alleged that he entered into an oral agreement under which plaintiff agreed to invest $1 million, and Defendants were to use the money to make investments in the trading of foreign currency. Defendants allegedly misappropriated the money and used it to buy two properties in La Puente, CA. The complaint, filed 11/16/11, asserts causes of action for: 1. Breach of Oral Contract 2. Fraud 3. Conversion 4. Commo...
2018.3.13 Motion to Compel Further Responses 234
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.13
Excerpt: ...I‐605 freeways. The complaint was filed on 9/12/13. On 1/14/14, plaintiff dismissed Defendant EMO Line Express, Inc. (“EMO”), without prejudice. On 1/27/14, Judge Beaudet related Case Nos. BC521670 and BC521234; on 12/5/14, the foregoing cases were consolidated, per the parties' stipulation. On 9/23/16, Mendoza filed his First Amended Complaint, asserting causes of action therein against Defendants Dillon Larado Monta Bruno (“Bruno”), E...
2018.3.12 Demurrer 215
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.12
Excerpt: ...roperty. Plaintiff alleges that on or about 8/31/16, after she had constructed the new drinking well, County rescinded its prior approval for the new well and claimed that the well was encroaching on an easement and could not remain on the property. The complaint, filed 9/26/17, asserts causes of action against County and Does 1-10 for: 1. Fraud 2. General Negligence On 1/25/18, this matter was transferred from Department 91 (personal injury hub ...
2018.3.12 Motion for Leave to File Complaint 491
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.12
Excerpt: ...005 and thereafter made mortgage payments to him. Alvarez apparently sold the subject property in 2017 to Oseguera Investments Inc. The complaint was filed 7/27/17. The First Amended Complaint, filed 2/8/18, asserts causes of action against Defendants Alvarez, Juan Sanchez, Oseguera Investments, Inc., Steve Carmona, Laikin Realty Corp., All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest in the Property De...
2018.3.9 Motion to Compel Further Testimony 200
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.9
Excerpt: ...9/26/16, this action was transferred from the personal injury hub (Department 91) to this courtroom. The First Amended Complaint, filed 1/19/17, asserts causes of action against Defendants Jiang Pinchao, Tina Del Cueto and DOES 1-50 for: 1. Breach of Implied Warranty of Habitability; 2. Negligence 3. Constructive Eviction 4. Nuisance 5. Intentional Infliction of Emotional Distress The Final Status Conference is set for 3/16/18. A jury trial is se...
2018.3.9 Demurrer 557
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.9
Excerpt: ...ed Shumaker v. Shumaker, Case No. FAMRS1400913. The complaint was filed 8/17/17. The First Amended Complaint was filed 10/16/17. The Second Amended Complaint, filed 1/16/18, 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 3/28/18. Defendants C.S. Scarcella & Associates (“CSSA”) and Christopher Scarc...
2018.3.8 Motion for Summary Judgment 660
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.8
Excerpt: ...spection fell below the standard <005d004800030048005900 00490003005300520057[ential foundation defects. The complaint was filed 8/18/16. On 9/26/16, David Home Inspection Real Estate Services Group, Inc. (“David Home”) and Christopher Hutchens (“Hutchens”) filed their cross-complaint, asserting causes of action against Moes 1-100 for: 1. Equitable Indemnity 2. Contribution and Equitable Apportionment 3. Declaratory Relief On 3/13/17, Dav...
2018.3.7 Motion for Monetary Sanctions 943
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.7
Excerpt: ...demoted and ultimately terminated. The complaint was filed 12/22/16. The First Amended Complaint, filed 12/27/16, asserts causes of action against Defendants R.J. Reynolds Tobacco Company, Inc., Reynolds American, Inc., Tasha Kolbe, Staci Meyer and Does 1-50 for: 1. Gender Discrimination in Violation of California Government Code §§ 12940, et seq. (FEHA); 2. Hostile Work Environment in Violation of California Government Code § 12940(j); 3. Fai...
2018.3.7 Demurrer, Motion to Strike 796
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.7
Excerpt: ...dispute regarding the amount plaintiff should be paid for emergency medical services it provided to members of Kaiser Foundation Health Plan from 10/1/17-12/31/17. The complaint, filed 11/14/17, asserts causes of action against Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company, Kaiser Foundation Hospitals, The Permanente Medical Group and Southern California Permanente Medical Group for: 1. Declaratory Relief 2. ...
2018.3.6 Motion to Strike 651
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.6
Excerpt: ...��cashed” Pak's business, Defendant SIMPLT, Inc.'s (“SIMPLT”), checks in the amount of $215,710.00. Plaintiff alleges that these checks were all dishonored. The complaint, filed 9/26/17, asserts causes of action against Pak, SIMPLT for: 1. Breach of Contract 2. Common Count 3. Conversion A Case Management Conference is set for 3/6/18. Defendants Younghee Susan Pak and Simplt, Inc. move the court, per CCP § 436, for an order striking out th...
2018.3.6 Motion for Judgment 507
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.6
Excerpt: ...itable bird store for sale. Plaintiff alleges that Liang represented, inter alia, that he and plaintiff would become business partners, that Liang would contribute his pro rata share in the partnership, that he had already been to the business site and reviewed the business' financial statements, and that Chen would provide two years of assistance after the sale. Plaintiff alleges that the above representations were false and that Liang overstate...
2018.3.5 Motion or Summary Judgment, Adjudication 882
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.5
Excerpt: ...OK; Opposing OK; Replies OK In this medical malpractice action, on 5/22/15, plaintiffs filed their complaint, asserting causes of action therein against Defendants Pomona Valley Hospital Medical Center, Stephanie J. Cropper, M.D. (“Cropper”), Femcare Medical Associates of Inland Valley, Inc., APC (“Femcare”), David D. Choi, M.D. and DOES 1-100 for negligence. On 12/2/16, this action was transferred from the personal injury hub (Department...
2018.3.5 Motion to Expunge Lis Pendens, Request for Attorneys' Fees 390
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.5
Excerpt: ...tgage modification scam perpetrated by Miguel Macias aka Michael Martinez and his agents/accomplices, including Laura Cecilia Carlson and Maria Victoria Santos dba “Home Recovery Trust,” wherein she was induced to pay substantial sums to Home Recovery Trust and to quitclaim the property located at 15438 Fellowship Street in La Puente (“property”) to a bogus “Michael Martinez trustee of the Ellen Aniston, Dan Aniston, Jamie Romolini, Kur...
2018.3.2 Demurrer 557
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.2
Excerpt: ...ed Shumaker v. Shumaker, Case No. FAMRS1400913. The complaint was filed 8/17/17. The First Amended Complaint was filed 10/16/17. The Second Amended Complaint, filed 1/16/18, 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 3/28/18. Defendants C.S. Scarcella & Associates (“CSSA”) and Christopher Scarc...
2018.3.2 Demurrer, Motion to Strike 796
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.2
Excerpt: ...dispute regarding the amount plaintiff should be paid for emergency medical services it provided to members of Kaiser Foundation Health Plan from 10/1/17-12/31/17. The complaint, filed 11/14/17, asserts causes of action against Defendants Kaiser Foundation Health Plan, Inc., Kaiser Permanente Insurance Company, Kaiser Foundation Hospitals, The Permanente Medical Group and Southern California Permanente Medical Group for: 1. Declaratory Relief 2. ...
2018.3.2 Demurrer, Motion to Strike 920
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.2
Excerpt: ...decedent had pulled out of the Walnut Valley Commerce Center (“WVCC”) onto Valley Boulevard. The complaint, filed on 12/11/15, asserts causes of action against Defendants City of Pomona (“City”), Luviano, Lizbeth Buciososa (“Bucisosa”), County of Los Angeles (“County”), State of California (“State”) and Does 1-100 for: 1. Premises Liability (Dangerous Condition of Public Property) 2. General Negligence 3. Motor Vehicle 4. Gene...
2018.3.1 OSC Re Preliminary Injunction 358
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.1
Excerpt: ... Implied Covenant of Good Faith and Fair Dealing 3. Violation of Civil Code § 2923.55 4. Violation of Civil Code § 2923.6 5. Violation of Civil Code § 2923.7 6. Violation of Civil Code § 2924.9 7. Violation of Civil Code § 2924.10 8. Violation of Civil Code § 2924.17 9. Negligence and Negligence Per Se 10. Violation of Business & Professions Code § 17200 On 6/6/17, plaintiff's “Ex Parte Application for an Order Granting Plaintiff's Reque...
2018.3.1 Motion to Tax Costs 345
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.1
Excerpt: ...sor trustee of the Higgins Family Trust Dated March <0057004b00480003002800 0003003000440055004c[a Lopez Higgins (“decedent”). Plaintiff alleges that Defendant Maria Lupe Higgins aka Lupe Higgins (“defendant”) obtained $235,777.49 from the decedent or her trust by fraud, mistake and undue influence and seeks the imposition of a constructive trust. The complaint, filed 9/23/13, asserts causes of action against defendant and Does 1-100 for:...
2018.3.1 Motion to be Relieved as Counsel 018
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.3.1
Excerpt: ...pscale residential property, purchasing same and then either living in it or leasing it. Plaintiffs contend that they entered into an oral contract with Tony Xz Yu (“Yu”) wherein Yu would locate a suitable property, negotiate on their behalf and then arrange the paperwork for the purchase of same. Yu thereafter located the residential property located at 3068 Windmill Drive in Diamond Bar (“subject property”) for their purchase, but alleg...
2018.2.9 Demurrer 267
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.9
Excerpt: ...ceno (“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- complaint, asserting a cause of action against plaintiff and Does 1-5 for Breach of Fiduciary ...

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