This case was last updated from Los Angeles County Superior Courts on 11/15/2020 at 00:57:48 (UTC).

SEAN SIMMS VS DEUTSCHE BANK NATIONAL TRUST COMPANY,

Case Summary

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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8429

  • Filing Date:

    09/13/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Santa Monica Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

SIMMS SEAN

Defendant

DEUTSCHE BANK NATIONAL TRUST COMPANY

Not Classified By Court

BAG FUND ALIAS VINCENT QUIGG

Attorney/Law Firm Details

Defendant Attorney

CHVAT TODD EVAN

 

Court Documents

Case Management Statement - Case Management Statement

10/26/2020: Case Management Statement - Case Management Statement

Minute Order - Minute Order (Hearing on Motion to Compel Sean Simms' responses to special ...)

11/13/2020: Minute Order - Minute Order (Hearing on Motion to Compel Sean Simms' responses to special ...)

Minute Order - Minute Order (Case Management Conference)

9/22/2020: Minute Order - Minute Order (Case Management Conference)

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

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

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

Notice of Ruling - Notice of Ruling

6/22/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Case Management Conference)

6/22/2020: Minute Order - Minute Order (Case Management Conference)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Answer - Answer

2/11/2020: Answer - Answer

Notice (name extension) - Notice Notice of Continued Demurrer and Case Management Conference

12/10/2019: Notice (name extension) - Notice Notice of Continued Demurrer and Case Management Conference

Certificate of Mailing for - Certificate of Mailing for (Court Order re: Notice of Related Cases) of 11/25/2019

11/25/2019: Certificate of Mailing for - Certificate of Mailing for (Court Order re: Notice of Related Cases) of 11/25/2019

Declaration (name extension) - Declaration of Demurring Party Regarding Meet and Confer

10/31/2019: Declaration (name extension) - Declaration of Demurring Party Regarding Meet and Confer

Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

10/21/2019: Notice and Acknowledgment of Receipt - Notice and Acknowledgment of Receipt

Proof of Personal Service - Proof of Personal Service

9/24/2019: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

9/13/2019: Summons - Summons on Complaint

Complaint - Complaint

9/13/2019: Complaint - Complaint

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

9/13/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

19 More Documents Available

 

Docket Entries

  • 12/11/2020
  • Hearing12/11/2020 at 09:00 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Case Management Conference

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  • 12/11/2020
  • Hearing12/11/2020 at 09:00 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Order to Show Cause Re: (name extension)

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  • 11/13/2020
  • DocketOrder to Show Cause Re: dismissal scheduled for 12/11/2020 at 09:00 AM in Santa Monica Courthouse at Department P

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  • 11/13/2020
  • DocketMinute Order (Hearing on Motion to Compel Sean Simms' responses to special ...)

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  • 11/13/2020
  • 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

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  • 11/13/2020
  • 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

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  • 11/13/2020
  • DocketHearing on Motion to Compel plaintiff Sean Simms' responses to form interrogatories, set one scheduled for 11/13/2020 at 08:30 AM in Santa Monica Courthouse at Department P updated: Result Date to 11/13/2020; Result Type to Held

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  • 11/13/2020
  • DocketHearing on Motion to Compel to deem requests for admission propounded on plaintiff Sean Simms admitted, set one; scheduled for 11/13/2020 at 08:30 AM in Santa Monica Courthouse at Department P updated: Result Date to 11/13/2020; Result Type to Held

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  • 11/04/2020
  • DocketHearing on Motion to Compel to deem requests for admission propounded on plaintiff Sean Simms admitted, set one; scheduled for 11/13/2020 at 08:30 AM in Santa Monica Courthouse at Department P

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  • 11/04/2020
  • DocketHearing on Motion to Compel plaintiff Sean Simms' responses to form interrogatories, set one scheduled for 11/13/2020 at 08:30 AM in Santa Monica Courthouse at Department P

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40 More Docket Entries
  • 09/13/2019
  • 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

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  • 09/13/2019
  • DocketComplaint; Filed by: Sean Simms (Plaintiff); As to: Deutsche Bank National Trust Company, (Defendant)

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  • 09/13/2019
  • DocketNon-Jury Trial scheduled for 03/12/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/13/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 09/13/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/13/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/13/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/13/2019
  • DocketCivil Case Cover Sheet; Filed by: Sean Simms (Plaintiff)

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  • 09/13/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Sean Simms (Plaintiff)

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  • 09/13/2019
  • DocketRequest to Waive Court Fees; Filed by: Sean Simms (Plaintiff)

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Tentative Rulings

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.