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.
****5602
03/23/2016
Pending - Other Pending
Los Angeles County Superior Courts
Santa Monica Courthouse
Los Angeles, California
NANCY L. NEWMAN
OKONKWO CECILIA
OKONKWO CHARLES I.
LAW OFFICES OF LES ZIEVE
BAYVIEW LOAN SERVICING LLC
BANK OF AMERICA N.A.
MANNING JR. JOSEPH R.
MARSHALL WAYNE STANTON
PETER T. STEINBERG
RODRIGUEZ PATRICIA
SEVERSON & WERSON
ZIEV LES
STEELE JOHN C.
6/24/2019: Notice of Ruling
7/10/2019: Motion to Be Relieved as Counsel
8/5/2019: Substitution of Attorney
8/6/2019: Notice of Ruling
7/17/2017: Legacy Document
7/17/2017: Request for Judicial Notice
7/27/2017: Case Management Statement
8/2/2017: Case Management Statement
8/4/2017: Legacy Document
8/4/2017: Legacy Document
8/10/2017: Legacy Document
10/31/2017: Case Management Statement
11/1/2017: Case Management Statement
6/21/2018: Minute Order
12/13/2018: Substitution of Attorney
4/16/2019: Request for Judicial Notice
5/30/2019: Opposition
6/5/2019: Reply
Hearingat 09:00 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Trial
Hearingat 09:00 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Final Status Conference
Hearingat 08:30 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Hearing on Motion for Sanctions
Docketat 08:30 AM in Department P; Hearing on Motion to be Relieved as Counsel - Not Held - Taken Off Calendar by Party
Docketat 08:30 AM in Department P; Hearing on Ex Parte Application (to Continue Trial and Trial Related Deadlines) - Held - Motion Granted
DocketNotice of Ruling; Filed by Bank of America, N.A. (Defendant)
DocketMinute Order ( (Defendant Bank of America's Ex Parte Application to Continue...)); Filed by Clerk
Docketat 09:00 AM in Department P; Trial - Not Held - Continued - Stipulation
DocketSubstitution of Attorney; Filed by Charles I. Okonkwo (Plaintiff)
DocketEx Parte Application (to Continue Trial and Trial Related Deadlines); Filed by Bank of America, N.A. (Defendant)
DocketProof-Service/Summons; Filed by Attorney for Plaintiff
DocketProof-Service/Summons; Filed by Cecilia Okonkwo (Plaintiff); Charles I. Okonkwo (Plaintiff)
DocketProof-Service/Summons; Filed by Cecilia Okonkwo (Plaintiff); Charles I. Okonkwo (Plaintiff)
DocketProof-Service/Summons; Filed by Cecilia Okonkwo (Plaintiff); Charles I. Okonkwo (Plaintiff)
DocketDeclaration; Filed by Bayview Loan Servicing, LLC (Defendant); Law Offices of Les Zieve (Defendant)
DocketDeclaration (DEFT LAW OFFICES OF LES ZIEVE'S DECLARATION OF NON-MONETARY STATUS ); Filed by Attorney for Defendant
DocketComplaint Filed
DocketSummons; Filed by Plaintiff
DocketComplaint; Filed by Cecilia Okonkwo (Plaintiff); Charles I. Okonkwo (Plaintiff)
DocketSummons Filed; Filed by Attorney for Plaintiff
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.