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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 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 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 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...
2018.3.15 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...
2018.3.14 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 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 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...
2018.3.13 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 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...
2018.3.12 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...
2018.3.12 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 ...
2018.3.2 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...
2018.3.2 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. ...
2018.3.1 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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