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This case was last updated from Los Angeles County Superior Courts on 06/02/2020 at 16:51:03 (UTC).

OLAWALE 'WALE' B. ONAYEMI, TRUSTEE OF THE OLAWALE (WALE) BABATUNDE ONAYEMI LIVING TRUST VS U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Case Summary

On 07/30/2019 OLAWALE 'WALE' B ONAYEMI, TRUSTEE OF THE OLAWALE WALE BABATUNDE ONAYEMI LIVING TRUST filed a Property - Other Real Property lawsuit against U S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******7020

  • Filing Date:

    07/30/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

ONAYEMI TRUSTEE OF THE OLAWALE WALE BABATUNDE ONAYEMI LIVING TRUST OLAWALE 'WALE' B.

Defendant

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Attorney/Law Firm Details

Plaintiff Attorney

RICHARDS JEREMY V.

 

Court Documents

Stipulation for Judgment - Stipulation for Judgment

1/23/2020: Stipulation for Judgment - Stipulation for Judgment

Proof of Service by Mail - Proof of Service by Mail

8/2/2019: Proof of Service by Mail - Proof of Service by Mail

Summons - Summons on Complaint

7/30/2019: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

7/30/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Civil Case Cover Sheet - Civil Case Cover Sheet

7/30/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

7/30/2019: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

7/30/2019: First Amended Standing Order - First Amended Standing Order

 

Docket Entries

  • 08/02/2022
  • Hearing08/02/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 01/26/2021
  • Hearing01/26/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 04/13/2020
  • DocketUpdated -- Stipulation for Judgment: Result Date: blank; As To Parties changed from U.S. Department of Housing and Urban Development (Defendant) to U.S. Department of Housing and Urban Development (Defendant)

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  • 01/23/2020
  • DocketStipulation for Judgment; Filed by: Olawale 'Wale' B. Onayemi, Trustee of the Olawale (Wale) Babatunde Onayemi Living Trust (Plaintiff); As to: U.S. Department of Housing and Urban Development (Defendant)

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  • 01/23/2020
  • DocketJudgment Judgment - Rejected; Submitted by: Olawale 'Wale' B. Onayemi, Trustee of the Olawale (Wale) Babatunde Onayemi Living Trust (Plaintiff); As to: U.S. Department of Housing and Urban Development (Defendant)

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  • 08/02/2019
  • DocketProof of Service by Mail; Filed by: Olawale 'Wale' B. Onayemi, Trustee of the Olawale (Wale) Babatunde Onayemi Living Trust (Plaintiff); As to: U.S. Department of Housing and Urban Development (Defendant)

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  • 07/31/2019
  • DocketNon-Jury Trial scheduled for 01/26/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/31/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/02/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/31/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/30/2019
  • DocketComplaint; Filed by: Olawale 'Wale' B. Onayemi, Trustee of the Olawale (Wale) Babatunde Onayemi Living Trust (Plaintiff); As to: U.S. Department of Housing and Urban Development (Defendant)

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  • 07/30/2019
  • DocketCivil Case Cover Sheet; Filed by: Olawale 'Wale' B. Onayemi, Trustee of the Olawale (Wale) Babatunde Onayemi Living Trust (Plaintiff); As to: U.S. Department of Housing and Urban Development (Defendant)

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  • 07/30/2019
  • DocketSummons on Complaint; Issued and Filed by: Olawale 'Wale' B. Onayemi, Trustee of the Olawale (Wale) Babatunde Onayemi Living Trust (Plaintiff); As to: U.S. Department of Housing and Urban Development (Defendant)

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  • 07/30/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/30/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC07020    Hearing Date: October 27, 2020    Dept: 25

HEARING DATE: Tue., October 27, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Onayemi v. U.S. Dept. of Housing and Urban Development

CASE NUMBER: 19STLC07020 COMPL. FILED: 07-30-19

NOTICE: OK DISC. C/O: 12-27-20

DISC. MOT. C/O: 01-11-21

TRIAL DATE: 01-26-21

PROCEEDINGS: MOTION TO RECLASSIFY CASE FROM LIMITED JURISDICTION TO UNLIMITED JURISDICTION PURSUANT TO CCP § 403.040

MOVING PARTY: Plaintiff Olawale B. Onayemi, Trustee of the Olawale Babatunde Onayemi Living Trust

RESP. PARTY: None

MOTION TO RECLASSIFY

(CCP § 403.040)

TENTATIVE RULING:

Plaintiff’s Motion to Reclassify Case from Limited to Unlimited Jurisdiction is GRANTED. Plaintiff is ordered to pay the reclassification fee within ten (10) days of this order.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of October 23, 2020 [ ] Late [X] None

REPLY: None filed as of October 23, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 30, 2019, Plaintiff Olawale B. Onayemi, Trustee of the Olawale Babatunde Onayemi Living Trust (“Plaintiff”) filed this action to quiet title against the U.S. Department of Housing and Urban Development (“Defendant”).

On July 13, 2020, Plaintiff filed the instant Motion to Reclassify Case from Limited Jurisdiction to Unlimited Jurisdiction (the “Motion”). No opposition has been filed.

  1. Legal Standard & Discussion

Code of Civil Procedure section 403.040 allows a plaintiff to file a motion for reclassification of an action within the time allowed for that party to amend the initial pleading. (Code Civ. Proc., § 403.040, subd. (a).) “A party may amend its pleading once without leave of court at any time before an answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. (Code Civ. Proc., § 472, subd. (a).) If the motion is made after the time for the plaintiff to amend the pleading, the motion may only be granted if (1) the case is incorrectly classified; and (2) the plaintiff shows good cause for not seeking reclassification earlier. (Code Civ. Proc., § 403.040, subd. (b).)

Here, Defendant has not filed an answer. Plaintiff seeks to reclassify the case because Plaintiff’s counsel incorrectly checked the limited jurisdiction box on the civil case cover sheet when this action was filed instead of unlimited jurisdiction. (Mot., p. 2:23-27; Richards Decl., ¶ 2.) As noted above, Plaintiff seeks declaratory relief. Declaratory relief in a limited jurisdiction court is not permitted except as expressly authorized by Code of Civil Procedure section 86. (Code Civ. Proc., § 580, subd. (b)(4).) Section 86 permits declaratory relief when brought by way of cross-complaint for indemnity or to request a trial after a non-binding fee arbitration between an attorney and client. (Code Civ. Proc., § 86, subd. (a)(7).) Neither applies here. Thus, the Court finds it has no jurisdiction over this action.

Accordingly, Plaintiff’s Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Motion to Reclassify Case from Limited to Unlimited Jurisdiction is GRANTED. Plaintiff is ordered to pay the reclassification fee within ten (10) days of this order.

Moving party is ordered to give notice.