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2018.2.28 Motion for Summary Judgment 255
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.28
Excerpt: ...er, Katie, who died on 8/1/15 after ingesting narcotics at the Hard Summer Music Festival held at the Pomona Fairplex. The complaint was filed on 7/22/16. On 9/13/16, Staff Pro, Inc. (“Staff Pro”) filed its cross-complaint, asserting causes of action therein against Roes 1-50 for: 1. Comparative Indemnity (Apportionment of Fault) 2. Total Equitable Indemnity 3. Declaratory Relief 4. Contractual Indemnity On 9/24/16, City of Pomona (“City”...
2018.2.27 Motion to Quash, for Protective Order 276
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.27
Excerpt: ...ts Chapter 7 bankruptcy petition; on 9/1/16, Dispatch filed a “Notice of Stay of Proceedings.” On 11/8/16, a Declaratory Judgment was entered. On 11/28/16, plaintiff dismissed its second and fourth causes of action, with prejudice. On 9/21/17, Commodity Trucking Acquisition LLC (“CTA”) filed its Complaint in Intervention, asserting a cause of action therein for Declaratory Relief, The Second Amended Complaint, filed 10/10/17, asserts caus...
2018.2.27 Motion to Add Judgment Debtor 737
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.27
Excerpt: ...ng untimely [1] ; (2) Moving unclear [2] In this collection action the complaint, filed 2/20/04, asserts a cause of action against Defendants Hai Tran dba Seven Day Furniture Warehouse dba Five Day Furniture Warehouse (“Tran”) and Does 1-10 for: Common Counts. On 4/22/04, Tran's default was entered. On 5/27/04, a clerk's default judgment was filed. On 5/27/14, an “Acknowledgment of Assignment of Judgment” and “Notice of Renewal of Judgm...
2018.2.27 Motion for Attorneys' Fees 036
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.27
Excerpt: ...Reply OK This action arises out of a partnership agreement between Plaintiff Nephrology Associates of Upland and Pomona (“NAUP”) and Defendant Hla Myint Maung Hwang, M.D. (“Maung”). NAUP is a general medical partnership, established pursuant to a partnership agreement dated November 2, 1986. Maung was accepted as a partner to NAUP in 2001. As part of Maung's partnership agreement, he promised that if he left the partnership he would not p...
2018.2.27 Motion for Summary Judgment 255
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.27
Excerpt: ...8/1/15 after ingesting narcotics at the Hard Summer Music Festival held at the Pomona Fairplex. The complaint was filed on 7/22/16. On 9/13/16, Staff Pro, Inc. (“Staff Pro”) filed its cross-complaint, asserting causes of action therein against Roes 1-50 for: 1. Comparative Indemnity (Apportionment of Fault) 2. Total Equitable Indemnity 3. Declaratory Relief 4. Contractual Indemnity On 9/24/16, City of Pomona (“City”) filed its cross-compl...
2018.2.26 Motion to Strike 743
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.26
Excerpt: ...ad in Claremont (“subject property”) since 7/1/93, when they entered into a one‐year lease of same from Defendant Lawrence Rhodes (“Larry”). Upon the expiration of the one‐year lease agreement, no new contract was entered into, and the lease converted into a month‐to‐month tenancy. Plaintiffs last had written contact with Larry on or around 11/13/05. On or around 11/5/10, a woman named Angela Brockus (“Brockus”) contacted plai...
2018.2.23 Demurrer 773
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.23
Excerpt: ...ing plaintiffs' residential property located at 13241 Dart Street in Baldwin Park. The complaint, filed 11/6/17, asserts causes of action against Defendants Deutsche Bank National Trust Company, as Trustee for GSAA Home Equity Trust 2006‐17, Asset‐Backed Certificates, Series 2006‐17 and Litton Loan Servicing, LLC for: 1. 1. Wrongful Foreclosure 2. 2. Negligence 3. 3. Violation of Business & Professions Code § 17200 A Case Management Confer...
2018.2.23 Motion for Leave to Conduct Exam 502
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.23
Excerpt: ...2/26/12 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 Amended Complaint (“FAC...
2018.2.22 Motion for Terminating Sanctions 922
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.22
Excerpt: ...et 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 LLC and Rose Jones (“defendants”) move the court, per CCP §§ 2030.290(c) and 2031.300(c),...
2018.2.22 Motions for Judgment on the Pleadings, to Amend Complaint 393
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.22
Excerpt: ...athy Jones Respondents: (1) Plaintiff Kathy Jones; (2) FCI Lender Services [1] and Defendants Maven Asset Management, Inc., Sandcastle Trustee Services, Kyla D. Sullivan, Sandcastle Trustee Services and Paul A. Torok; and DLI Properties, LLC POS: (1) Moving OK (Notice of Errata untimely served and filed); Opposing untimely served and filed; (2) Moving & FCI, et al.'s opposition OK; DLI Properties, LLC's opposition untimely filed This is a wrongfu...
2018.2.21 Motion for Assignment, Restraining Orders 120
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.21
Excerpt: ...eyac. 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 wer...
2018.2.21 Motion for Judgment on the Pleadings 436
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.21
Excerpt: ...oreclosure action involving plaintiff's residential property located at 5512 Ridgeview Drive in La Verne. The complaint, filed 7/5/17, asserts causes of action for: 1. Violation of the Homeowners Bill of Rights 2. Intentional Misrepresentation 3. Injunctive Relief 4. Violation of California Penal Code § 115 5. Violation of UCC 8‐302 Non‐Bona Fide Purchaser On 8/7/17, Defendant Quality Loan Service Corporation filed its “Declaration of Nonm...
2018.2.20 Motion for Judgment 702
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.20
Excerpt: ...tum Meruit—Reasonable Value On 2/18/16, plaintiff filed a conditional Notice of Settlement of Entire Case. On 2/23/16, 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 Pursuant to CCP § 664.6 was filed. Plaintiff American Express Centurion Bank (“plaintiff”) moves this court, per CCP § 664.6, for an order entering judgment agains...
2018.2.20 Demurrer, Motion to Strike 521
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.20
Excerpt: ...nk, 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 Confer...
2018.2.8 Motion to Bifurcate 638
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.8
Excerpt: ...atory Relief—Breach of Governing Documents 3. Damages—Breach of Governing Documents 4. Abatement of Nuisance and Nuisance Per Se The Final Status Conference is set for 3/12/18. A jury trial is set for 3/20/18. Plaintiff Sierra Palms Homeowner's Association, Inc. (“plaintiff”) moves the court for an order to bifurcate the trial set for 3/20/18. Plaintiff is seeking injunctive and declaratory relief in this action relative to CC&R violation...
2018.2.8 Motion for Summary Adjudication 874
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.8
Excerpt: ...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 Amendment to Complaint, wherein Albert Paras, R.N. (“Par...
2018.2.8 Motion to Strike Costs 455
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.8
Excerpt: ...operty”). Plaintiff alleges that Hsu has failed to pay it. The complaint, filed 5/19/16, asserts causes of action against Hsu for: 1. Breach of Written Contract 2. Breach of Oral Contract 3. Common Count for Work, Labor and Services Based on Reasonable Value 4. Account Stated 5. Open Book Account On 8/31/17, the judgment was entered in favor of plaintiff. On 9/18/17, plaintiff filed its “Notice of Entry of Judgment” and served same via mail...
2018.2.7 Demurrer 682
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.7
Excerpt: ...ortgage LLC and Does 1-10 for: 1. Violation of CA Civil Code § 2923.55 2. Violation of CA Civil Code § 2923.6 3. Violation of CA Civil Code § 2923.7 4. Negligence 5. Violation of Business & Professions Code § 17200 On 1/10/18, plaintiffs filed an “Amendment to Complaint,” wherein “Specializez [sic] Loan Servicing LLC” was named in lieu of Doe 1. A Case Management Conference is set for 2/22/18. Defendant Nationstar Mortgage LLC (“def...
2018.2.7 Motion for Determination of Good Faith Settlement 545
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.7
Excerpt: ...Eisenhower Healthcare Center's petition to compel binding arbitration was heard. At that time, the court granted the petition as to the third and fifth causes of action, denied it as to the fourth cause of action and ordered the case stayed pending completion of arbitration. Despite the stay, the court elects to rule on the present motion. Should any party seek to oppose the motion, but did not file an opposition due to the order staying the acti...
2018.2.7 Motion for Summary Judgment or Adjudication 874
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.7
Excerpt: ...ion 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 Amendment to Compl...
2018.2.7 Motion to be Relieved as Counsel 748
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.7
Excerpt: ...risa Jones (“M. Jones”) and Does 1- 100 for: 1. Declaratory Relief 2. Ejectment On 11/7/16, M. Jones filed her First Amended Cross‐Complaint (“FACC”), asserting causes of action against plaintiff, All Persons Unknown, claiming any legal or equitable right, title, estate, lien or interest in the property described in the complaint, adverse to cross‐complainant's title or any cloud on cross‐complainant's title thereto and Does 1‐ 10...
2018.2.7 Motion to Compel Posting an Undertaking 500
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.7
Excerpt: ...) Moving OK; Joinder OK; Opposing OK; (2) Moving untimely per CCP § 1005(b); Opposing OK In this action for elder abuse and wrongful death, Plaintiffs allege that Plaintiffs' decedent was a resident at San Dimas Retirement Center, Inc., that she received hospice care at the facility by Ultimate Care Hospice, Inc. and Atul Aggarwal, M.D., and that Defendant abandoned and neglected the decedent. Plaintiff commenced this action on 12/4/13. The oper...
2018.2.6 Demurrer 286
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.6
Excerpt: ... 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 against...
2018.2.6 Demurrer 923
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.6
Excerpt: ...aintiff filed an amendment to complaint, wherein CVS Pharmacy, Inc. was named in lieu of Doe 1. On 12/15/16, Garfield Beach CVS, L.L.C. (erroneously sued as CVS Pharmacy, Inc.) (“CVS”) filed its cross-complaint for: 1. Express Indemnification 2. Equitable Indemnification 3. Equitable Contribution 4. Declaratory Relief On 2/27/17, plaintiff purported to file an amended complaint, without leave. On 3/10/17, this action was transferred from the ...
2018.2.5 Motions for Judgment on the Pleadings, to Strike 771
Location: Los Angeles
Judge: Oki, Dan Thomas
Hearing Date: 2018.2.5
Excerpt: ...erda POS: (1) and (2) Moving OK; Opposing timely filed but not accompanied by proof of service Plaintiffs allege that defendants' failure to correctly diagnose and treat Rogelio De La Cerda resulted in his death. The complaint was filed 10/14/15. The First 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, “T...

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