On 09/13/2019 SEAN SIMMS filed a Contract - Other Contract lawsuit against DEUTSCHE BANK NATIONAL TRUST COMPANY. This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Other.
*******8429
09/13/2019
Other
Los Angeles County Superior Courts
Santa Monica Courthouse
Los Angeles, California
JAMES E. BLANCARTE
SIMMS SEAN
DEUTSCHE BANK NATIONAL TRUST COMPANY
BAG FUND ALIAS VINCENT QUIGG
CHVAT TODD EVAN
11/17/2020: Request for Dismissal - Request for Dismissal
10/26/2020: Case Management Statement - Case Management Statement
11/13/2020: Minute Order - Minute Order (Hearing on Motion to Compel Sean Simms' responses to special ...)
9/22/2020: Minute Order - Minute Order (Case Management Conference)
6/9/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
6/9/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
6/9/2020: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion
6/22/2020: Notice of Ruling - Notice of Ruling
6/22/2020: Minute Order - Minute Order (Case Management Conference)
4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
2/11/2020: Answer - Answer
12/10/2019: Notice (name extension) - Notice Notice of Continued Demurrer and Case Management Conference
11/25/2019: Certificate of Mailing for - Certificate of Mailing for (Court Order re: Notice of Related Cases) of 11/25/2019
10/21/2019: Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt
9/24/2019: Proof of Personal Service - Proof of Personal Service
9/13/2019: Summons - Summons on Complaint
9/13/2019: Complaint - Complaint
9/13/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
DocketOn the Complaint filed by Sean Simms on 09/13/2019, entered Request for Dismissal without prejudice filed by Sean Simms as to the entire action
DocketRequest for Dismissal; Filed by: Sean Simms (Plaintiff)
DocketOn the Complaint filed by Sean Simms on 09/13/2019, entered Request for Dismissal with prejudice filed by Sean Simms as to the entire action
DocketCase Management Conference scheduled for 12/11/2020 at 09:00 AM in Santa Monica Courthouse at Department P Not Held - Vacated by Court on 11/17/2020
DocketOrder to Show Cause Re: dismissal scheduled for 12/11/2020 at 09:00 AM in Santa Monica Courthouse at Department P Not Held - Vacated by Court on 11/17/2020
DocketOrder to Show Cause Re: dismissal scheduled for 12/11/2020 at 09:00 AM in Santa Monica Courthouse at Department P
DocketNotice of Ruling; Filed by: Deutsche Bank National Trust Company, (Defendant)
DocketMinute Order (Hearing on Motion to Compel Sean Simms' responses to special ...)
DocketHearing on Motion to Compel Sean Simms' responses to special interrogatories, set one scheduled for 11/13/2020 at 09:00 AM in Santa Monica Courthouse at Department P updated: Result Date to 11/13/2020; Result Type to Held
DocketCase Management Conference scheduled for 11/13/2020 at 09:00 AM in Santa Monica Courthouse at Department P Held - Continued was rescheduled to 12/11/2020 09:00 AM
DocketComplaint; Filed by: Sean Simms (Plaintiff); As to: Deutsche Bank National Trust Company, (Defendant)
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/16/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketRequest to Waive Court Fees; Filed by: Sean Simms (Plaintiff)
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Sean Simms (Plaintiff)
DocketCivil Case Cover Sheet; Filed by: Sean Simms (Plaintiff)
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 03/12/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Case Number: 19STLC08429 Hearing Date: November 13, 2020 Dept: P
Tentative Ruling
Sean Simms v. Deutsche Bank, Case No. 19STLC08429
Hearing Date November 13, 2020
Defendant’s Motions to Deem Requests for Admission Admitted and to Compel Further Responses to Form/Special Interrogatories (UNOPPOSED)
Defendant served interrogatories, requests for admission and requests for production of documents on April 10, 2020; plaintiff failed to respond. Defendant moves to compel answers to form and special interrogatories and deem admitted the facts set forth in the requests for admission.
If a party fails to timely respond to interrogatories, the propounding party may move to compel a response. Cal. Code of Civ. Proc. §2030.290. Additionally, if a party fails to respond to requests for admission, the propounding party may move to deem the facts set forth in the requests admitted. Cal. Code of Civ. Proc. §2033.280. A court may impose sanctions for failure to respond. Cal. Code of Civ. Proc. §2023.010(d).
Defendant propounded discovery and received no response. As plaintiff does not oppose this motion, there is no argument or evidence court refuting defendant’s claims. All available evidence indicates plaintiff violated his obligations under the Code. The motion is proper, as are sanctions. GRANTED. Defendant awarded $1,001.50 in sanctions, payable within 30 days.
DUE TO THE ONGOING COVID-19 PANDEMIC PARTIES AND COUNSEL ARE ENCOURAGED TO APPEAR VIA LA COURT CONNECT.
Case Number: 19STLC08429 Hearing Date: January 30, 2020 Dept: P
Tentative Ruling
Sean Simms v. Deutsche Bank National Trust Co. Case Number 19STLC08429
Hearing Date: January 30, 2020
Defendant Deutsche Bank’s Demurrer to Complaint
Plaintiff alleges he entered into a lease agreement with his building’s previous owner in April 2016 and the building was later purchased by Deutsche Bank, which confirmed the lease’s term and accepted plaintiff as a continuing tenant. Plaintiff alleges he has been prevented from using a garage and sues for declaratory relief regarding his right to possession of the garage.
Defendant argues it is not a party to the lease. Plaintiff alleges Deustche Bank “acknowledged all terms to [plaintiff’s] lease,” including provisions related to the garage. For purposes of pleading, this allegation is treated as true. While this may be a question of fact, it is not properly decided on demurrer.
Deustche also argues plaintiff does not allege any misconduct by Deutsche. As “misconduct” is not an element of a declaratory relief claim, its absence is irrelevant.
Deustche argues the lease expired on its own terms as of March 31, 2019. However, per Cal. Civ. Code §1945, parties to a lease are “presumed to have renewed the hiring on the same terms and for the same time,” if the lessee remains in possession after expiration of the lease term and lessor continues accepting rent. Cal. Civ. Code §1945. As plaintiff alleges he continues to pay rent and remains in possession (Complaint at ¶12), whether the lease has expired or been renewed is a question of fact.
Defendant argues plaintiff cannot allege existence of an actual, present controversy because Deutsche engaged in no wrongful conduct and the purported lease agreement no longer exists. The court addressed those arguments above.
Defendant argues declaratory relief operates prospectively and cannot be used to redress past wrongs. Plaintiff seeks a declaration of the parties’ rights and obligations regarding use of the garage. This is a proper subject for declaratory relief.
Finally, defendant argues plaintiff has not sufficiently alleged damages. Damages are not a required element of declaratory relief, nor are they recoverable in a declaratory relief action.
The demurrer is OVERRULED. The court will, on its own motion strike the plaintiff’s request for damages (page 4, paragraph 4), without leave to amend.
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