This case was last updated from Los Angeles County Superior Courts on 08/14/2019 at 09:15:12 (UTC).

CECILIA OKONKWO, ET AL., VS BANK OF AMERICA, N.A., ET AL.,

Case Summary

On 03/23/2016 CECILIA OKONKWO, filed a Property - Other Real Property lawsuit against BANK OF AMERICA, N A , . This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The Judge overseeing this case is NANCY L. NEWMAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5602

  • Filing Date:

    03/23/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Santa Monica Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

NANCY L. NEWMAN

 

Party Details

Plaintiffs

OKONKWO CECILIA

OKONKWO CHARLES I.

Defendants

LAW OFFICES OF LES ZIEVE

BAYVIEW LOAN SERVICING LLC

BANK OF AMERICA N.A.

Attorney/Law Firm Details

Plaintiff Attorneys

MANNING JR. JOSEPH R.

MARSHALL WAYNE STANTON

PETER T. STEINBERG

RODRIGUEZ PATRICIA

Defendant Attorneys

SEVERSON & WERSON

ZIEV LES

STEELE JOHN C.

 

Court Documents

Notice of Ruling

6/24/2019: Notice of Ruling

Motion to Be Relieved as Counsel

7/10/2019: Motion to Be Relieved as Counsel

Substitution of Attorney

8/5/2019: Substitution of Attorney

Notice of Ruling

8/6/2019: Notice of Ruling

Legacy Document

7/17/2017: Legacy Document

Request for Judicial Notice

7/17/2017: Request for Judicial Notice

Case Management Statement

7/27/2017: Case Management Statement

Case Management Statement

8/2/2017: Case Management Statement

Legacy Document

8/4/2017: Legacy Document

Legacy Document

8/4/2017: Legacy Document

Legacy Document

8/10/2017: Legacy Document

Case Management Statement

10/31/2017: Case Management Statement

Case Management Statement

11/1/2017: Case Management Statement

Minute Order

6/21/2018: Minute Order

Substitution of Attorney

12/13/2018: Substitution of Attorney

Request for Judicial Notice

4/16/2019: Request for Judicial Notice

Opposition

5/30/2019: Opposition

Reply

6/5/2019: Reply

39 More Documents Available

 

Docket Entries

  • 04/27/2020
  • Hearingat 09:00 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Trial

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  • 04/17/2020
  • Hearingat 09:00 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Final Status Conference

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  • 09/12/2019
  • Hearingat 08:30 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Hearing on Motion for Sanctions

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  • 08/06/2019
  • Docketat 08:30 AM in Department P; Hearing on Motion to be Relieved as Counsel - Not Held - Taken Off Calendar by Party

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  • 08/06/2019
  • Docketat 08:30 AM in Department P; Hearing on Ex Parte Application (to Continue Trial and Trial Related Deadlines) - Held - Motion Granted

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  • 08/06/2019
  • DocketNotice of Ruling; Filed by Bank of America, N.A. (Defendant)

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  • 08/06/2019
  • DocketMinute Order ( (Defendant Bank of America's Ex Parte Application to Continue...)); Filed by Clerk

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  • 08/05/2019
  • Docketat 09:00 AM in Department P; Trial - Not Held - Continued - Stipulation

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  • 08/05/2019
  • DocketSubstitution of Attorney; Filed by Charles I. Okonkwo (Plaintiff)

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  • 08/05/2019
  • DocketEx Parte Application (to Continue Trial and Trial Related Deadlines); Filed by Bank of America, N.A. (Defendant)

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225 More Docket Entries
  • 03/29/2016
  • DocketProof-Service/Summons; Filed by Attorney for Plaintiff

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  • 03/29/2016
  • DocketProof-Service/Summons; Filed by Cecilia Okonkwo (Plaintiff); Charles I. Okonkwo (Plaintiff)

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  • 03/29/2016
  • DocketProof-Service/Summons; Filed by Cecilia Okonkwo (Plaintiff); Charles I. Okonkwo (Plaintiff)

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  • 03/29/2016
  • DocketProof-Service/Summons; Filed by Cecilia Okonkwo (Plaintiff); Charles I. Okonkwo (Plaintiff)

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  • 03/28/2016
  • DocketDeclaration; Filed by Bayview Loan Servicing, LLC (Defendant); Law Offices of Les Zieve (Defendant)

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  • 03/28/2016
  • DocketDeclaration (DEFT LAW OFFICES OF LES ZIEVE'S DECLARATION OF NON-MONETARY STATUS ); Filed by Attorney for Defendant

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  • 03/23/2016
  • DocketComplaint Filed

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  • 03/23/2016
  • DocketSummons; Filed by Plaintiff

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  • 03/23/2016
  • DocketComplaint; Filed by Cecilia Okonkwo (Plaintiff); Charles I. Okonkwo (Plaintiff)

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  • 03/23/2016
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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Tentative Rulings

Case Number: SC125602    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.