This case was last updated from Los Angeles County Superior Courts on 03/12/2016 at 04:12:48 (UTC).

BELL HOSPITAL CORPORATION ET AL VS WESTERN FIDELITY TRUSTEES

Case Summary

On 03/05/2013 BELL HOSPITAL CORPORATION filed an Other - Injunction lawsuit against WESTERN FIDELITY TRUSTEES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JOHN L. SEGAL, ALLAN J. GOODMAN, ROBERT H. O'BRIEN, RUTH ANN KWAN, JOSH M. FREDRICKS, JOSEPH R. KALIN, CONRAD R. ARAGON and TERESA A. BEAUDET. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2267

  • Filing Date:

    03/05/2013

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Injunction

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

JOHN L. SEGAL

ALLAN J. GOODMAN

ROBERT H. O'BRIEN

RUTH ANN KWAN

JOSH M. FREDRICKS

JOSEPH R. KALIN

CONRAD R. ARAGON

TERESA A. BEAUDET

 

Party Details

Plaintiffs and Cross Defendants

AMERICAN CARDIOCARE MEDICAL CENTER INC

BELL HOSPITAL CORPORATION

COLLINS RITA

Defendants and Respondents

COLLINS EARL

DOES 1 TO 50

FRAN DEPALMA (DOE 2)

HERRERA KATHLEEN

NEW AID MEDICAL SUPPLY INC.

T. D. SERVICE COMPANY (DOE 1)

TIFFANY POHL (DOE 3)

WESTERN FIDELITY TRUSTEES

EARL COLLINS ASSIGNEE OF NEW AID MEDICAL

Cross Plaintiffs

AGUOLO JEREMAIH

NEW AID MEDICAL SUPPLY INC.

EARL COLLINS ASSIGNEE OF NEW AID MEDICAL

Attorney/Law Firm Details

Plaintiff Attorney

LAW OFFICES OF EPHRAIM O. OBI

Cross Plaintiff, Defendant and Respondent Attorneys

GUSSNER J. WALTER ESQ.

LAW OFFICES OF CHERYL C. TURNER

PERRY ROSARIO ESQ.

THE DREYFUSS FIRM

 

Court Documents

CROSS-COMPLAINT FOR: 1. JUDICIAL FORECLOSURE 2. ELDER ABUSE ETC

4/4/2013: CROSS-COMPLAINT FOR: 1. JUDICIAL FORECLOSURE 2. ELDER ABUSE ETC

ANSWER TO COMPLAINT BY EARL COLLINS, ASSIGNEE OF NEW AID MEDICAL SUPPLY, INC.

4/4/2013: ANSWER TO COMPLAINT BY EARL COLLINS, ASSIGNEE OF NEW AID MEDICAL SUPPLY, INC.

NOTICE OF NO WRITTEN OPPOSITION TO PLAINTIFFS? REQUEST TO STRIKE EARL COLLIN?S ANSWER TO COMPLAINT

5/30/2013: NOTICE OF NO WRITTEN OPPOSITION TO PLAINTIFFS? REQUEST TO STRIKE EARL COLLIN?S ANSWER TO COMPLAINT

NOTICE OF MOTION AND MOTION TO STRIKE EARL COLLINS' CROSS-COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES;

6/12/2013: NOTICE OF MOTION AND MOTION TO STRIKE EARL COLLINS' CROSS-COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES;

REQUEST FOR ENTRY OF DEFAULT

8/12/2013: REQUEST FOR ENTRY OF DEFAULT

Minute Order

3/10/2014: Minute Order

AMENDMENT TO COMPLAINT

4/6/2015: AMENDMENT TO COMPLAINT

PLAINTIFF BELL HOSPITAL CORPORATION?S OPPOSITION TO DEFENDANT NEW AID MEDICAL SUPPLY'S EX PARTE APPLICATION FOR LEAVE TO FILE THE PROPOSED FIRST AMENDED CROSS- COMPLAINT

4/28/2015: PLAINTIFF BELL HOSPITAL CORPORATION?S OPPOSITION TO DEFENDANT NEW AID MEDICAL SUPPLY'S EX PARTE APPLICATION FOR LEAVE TO FILE THE PROPOSED FIRST AMENDED CROSS- COMPLAINT

NOTICE OF DEMURRER AND DEMURRER OF DEFENDANTS TO PLAINTIFFS' VERIFIED FIRST AMENDED COMPLAINT; ETC

7/13/2015: NOTICE OF DEMURRER AND DEMURRER OF DEFENDANTS TO PLAINTIFFS' VERIFIED FIRST AMENDED COMPLAINT; ETC

Unknown

7/28/2015: Unknown

PLAINTIFFS' OPPOSITION TO DEFENDANTS NEW AID MEDICAL SUPPLY, INC., EARL COLLINS AND RITA COLLINS' MOTION TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT

8/26/2015: PLAINTIFFS' OPPOSITION TO DEFENDANTS NEW AID MEDICAL SUPPLY, INC., EARL COLLINS AND RITA COLLINS' MOTION TO STRIKE PLAINTIFFS' FIRST AMENDED COMPLAINT

REPLY TO DEFENDANTS' OPPOSITION TO MOTION FOR RECONSIDERATION OF THE RULING SUSTAINING DEFENDANTS' DEMURRER TO THE FIRST AMENDED COMPLAINT WITHOUT LEAVE TO AMEND WITH PREJUDICE

10/8/2015: REPLY TO DEFENDANTS' OPPOSITION TO MOTION FOR RECONSIDERATION OF THE RULING SUSTAINING DEFENDANTS' DEMURRER TO THE FIRST AMENDED COMPLAINT WITHOUT LEAVE TO AMEND WITH PREJUDICE

NOTICE OF DEMURRER AND DEMURRER BY T.D. SERVICE COMPANY AND FRAN DEPALMA TO CROSS-COMPLAINT OF JEREMIAH AGUOLU

12/9/2015: NOTICE OF DEMURRER AND DEMURRER BY T.D. SERVICE COMPANY AND FRAN DEPALMA TO CROSS-COMPLAINT OF JEREMIAH AGUOLU

APPELLANT'S DESIGNATION OF REPORTER'S TRANSCRIPT ON APPEAL

12/9/2015: APPELLANT'S DESIGNATION OF REPORTER'S TRANSCRIPT ON APPEAL

NOTICE OF DEMURRER AND DEMURRER BY T.D. SERVICE COMPANY AND FRAN DEPALMA TO FIRST AMENDED CROSS-COMPLANT OF JEREMIAH AGUOLU

1/20/2016: NOTICE OF DEMURRER AND DEMURRER BY T.D. SERVICE COMPANY AND FRAN DEPALMA TO FIRST AMENDED CROSS-COMPLANT OF JEREMIAH AGUOLU

DECLARATION OF LAWRENCE DREYFUSS CONCERNING PROPOSED FORM OF JUDGMENT PURSUANT TO ORDER SUSTAINING DEMURRER WITHOUT LEAVE TO AMEND

4/15/2016: DECLARATION OF LAWRENCE DREYFUSS CONCERNING PROPOSED FORM OF JUDGMENT PURSUANT TO ORDER SUSTAINING DEMURRER WITHOUT LEAVE TO AMEND

NOTICE RE: CONTINUANCE OF HEARING

10/3/2016: NOTICE RE: CONTINUANCE OF HEARING

Minute Order

5/2/2017: Minute Order

241 More Documents Available

 

Docket Entries

  • 03/08/2016
  • Miscellaneous-Other (proof of service in support of ex parte ) Filed by Attorney for Defendant/Respondent

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  • 03/08/2016
  • Declaration Filed by Attorney for Defendant/Respondent

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  • 03/08/2016
  • Order Filed by Court

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  • 03/08/2016
  • Miscellaneous-Other (memorandum of points/authority ) Filed by Attorney for Defendant/Respondent

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  • 03/07/2016
  • Ex-Parte Application Filed by Attorney for Defendant/Respondent

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  • 03/05/2016
  • Declaration Filed by Attorney for Defendant/Respondent

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  • 03/01/2016
  • Declaration (RE: ORDER TO SHOW CAUSE ) Filed by Attorney for Plaintiff/Petitioner

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  • 02/05/2016
  • Notice of Continuance Filed by Attorney for Deft/Respnt

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  • 01/26/2016
  • Declaration Filed by Attorney for Deft/Respnt

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  • 01/26/2016
  • Demurrer Filed by Attorney for Deft/Respnt

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140 More Docket Entries
  • 03/13/2013
  • Proof of Service Filed by Attorney for Pltf/Petnr

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  • 03/13/2013
  • Notice-Case Management Conference Filed by Attorney for Plaintiff/Petitioner

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  • 03/13/2013
  • Notice-Settlement Filed by Attorney for Plaintiff/Petitioner

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  • 03/07/2013
  • Notice-Case Management Conference Filed by Clerk

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  • 03/05/2013
  • Ex-Parte Application (for tro and osc ) Filed by Attorney for Pltf/Petnr

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  • 03/05/2013
  • Miscellaneous-Other (CIVIL DEPOSIT SLIP ) Filed by Attorney for Pltf/Petnr

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  • 03/05/2013
  • Order, Preliminary Injunction (AND TRO ) Filed by Attorney for Pltf/Petnr

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  • 03/05/2013
  • Ex-Parte Application (FOR OSC AND TRO ) Filed by Attorney for Pltf/Petnr

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  • 03/05/2013
  • Notice of Lodging (OF TITLE REPORT ) Filed by Attorney for Pltf/Petnr

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  • 03/05/2013
  • Complaint

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Tentative Rulings

Case Number: BC502267    Hearing Date: March 05, 2020    Dept: 50

 

 

Superior Court of California

County of Los Angeles

Department 50

bell hospital corporation, et al.

Plaintiffs,

vs.

new aid medical supply, inc., et al.

Defendants.

Case No.:

BC 502267

Hearing Date:

March 5, 2020

Hearing Time:

8:30 a.m.

ORDER RE:

MOTION FOR SUMMARY JUDGMENT OF DEFENDANTS AS AGAINST PLAINTIFF AMERICAN CARDIOCARE

Background

Plaintiffs Bell Hospital Corporation (“Bell Hospital”) and American Cardiocare Medical Center, Inc. (“American Cardiocare”) (jointly, “Plaintiffs”) filed this wrongful foreclosure action on March 5, 2013. Plaintiffs filed a First Amended Complaint (“FAC”) on June 9, 2015 against Defendants New Aid Medical Supply, Inc. (“New Aid”); Earl Collins, as assignee of New Aid Medical Supply; Earl Collins; Rita Collins; T.D. Service Company (“T.D. Service”); and Fran DePalma (collectively, “Defendants”). On September 2, 2015, the Court issued an order striking the FAC and dismissing the action with prejudice as to all Defendants. Plaintiffs filed a motion for reconsideration, which was denied. Plaintiffs appealed. On May 16, 2017, the Court of Appeal issued a ruling upholding the ruling on the demurrer to eleven of the twelve causes of action and reversing as to the quiet title cause of action as brought by American Cardiocare. A remittitur was issued on July 21, 2017.

The Second Amended Complaint (“SAC”) was filed by American Cardiocare on September 18, 2017, asserting a quiet title cause of action. This Court sustained the demurrer by Defendants New Aid, Earl Collins (in both his capacity as assignee of New Aid and in his individual capacity), and Rita Collins (collectively, the “New Aid Defendants”) with leave to amend.

The Third Amended Complaint (“TAC”) was filed on April 18, 2018. The New Aid Defendants again demurred, and the Court sustained the demurrer without leave to amend. American Cardiocare moved for reconsideration of the order sustaining the demurrer without leave to amend, submitting a proposed Fourth Amended Complaint (“4AC”) that stated new or different facts to support its claims. The Court granted the motion for reconsideration, and the 4AC was filed on December 18, 2018. The 4AC asserts one cause of action for quiet title against the New Aid Defendants.

The New Aid Defendants now move for summary judgment. Plaintiffs oppose.

Request for Judicial Notice

The New Aid Defendants’ Request for Judicial Notice is granted (Exhibits 1-49).

Plaintiffs’ Request for Judicial Notice is granted as to Exhibits 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 18, 19, and 24. Plaintiffs’ Request for Judicial Notice is denied as to Exhibit 1. The New Aid Defendants’ objection to Plaintiffs’ Request for Judicial Notice as to Exhibits 1 is sustained. The New Aid Defendants’ objections to Plaintiffs’ Request for Judicial Notice as to Exhibit 4, Exhibit 10, and Exhibit 24 are overruled.

The New Aid Defendants’ Supplemental Request for Judicial Notice is granted (Exhibits 1-3.)

As to any documents in court and public records, the Court does not take judicial notice of the truth of the facts stated therein, but only of the fact of the filing. (See Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1565 [“[T]he taking of judicial notice that the judge made a particular factual finding is a far cry from the taking of judicial notice that the ‘facts’ found by the judge must necessarily be the true facts….”] (emphasis in original).)

Evidentiary Objections

The New Aid Defendants’ objections to the deposition transcripts of Earl Collins and Rita Collins are overruled.

The Court rules on the New Aid Defendants’ objections to the Declaration of Jeremiah Aguolu as follows[1]:

Objection 1: overruled

Objection 2: sustained

Objection 3: sustained

Objection 4: overruled as to “I was not an officer for that entity” and sustained as to the remainder

Objection 5: sustained

Objection 6: sustained

Objection 7: sustained

Objection 8: sustained

Objection 9: overruled but admitted only for context as to the next statement

Objection 10: same as for no. 9

Objection 11: overruled

Objection 12: overruled

Objection 13: overruled

Objection 14: sustained

Objection 15: sustained

Objection 16: sustained

Objection 17: overruled

Objection 18: overruled

Objection 19: overruled

Objection 20: sustained

Objection 21: sustained

Objection 22: sustained

Objection 23: sustained

Objection 24: overruled

Objection 25: sustained

Objection 26: sustained

Objection 27: overruled

Objection 28: sustained as to “falsely” and overruled as to the remainder

Objection 29: sustained

Objection 30: sustained

Objection 31: sustained

Objection 32: sustained

Objection 33: sustained

Objection 34: sustained

The Court notes that Plaintiffs filed untimely evidentiary objections on March 3, 2020. When Plaintiffs’ opposition was filed on February 20, 2020, no evidentiary objections pursuant to CRC 3.1352 and 3.1354 were included in the filing. Therefore, the Court declines to consider Plaintiffs’ objections.

DUE TO THE NUMBER OF ORIGINAL OBJECTIONS, THE COURT WILL REQUIRE ADDITIONAL TIME TO FINALIZE ITS TENTATIVE ORDER REGARDING THE ISSUES RAISED IN THE MOTION FOR SUMMARY JUDGMENT. THE CLERK WILL CONTACT THE PARTIES TO SET A NEW HEARING DATE. NO APPEARANCE IS NECESSARY. DEFENDANTS ARE ORDERED TO GIVE NOTICE.

DATED: March 4, 2020 ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court


[1] The Court notes that the New Aid Defendants’ evidentiary objections are not all serially numbered. For ease of reference, the Court will number the objections in the order that they appear.