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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 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...
2018.5.2 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...
2018.5.1 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:...
2018.4.9 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...
2018.4.9 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...
2018.4.6 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...

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