This case was last updated from Los Angeles County Superior Courts on 01/13/2021 at 12:33:27 (UTC).

LA OPEN DOOR PRESBYTERIAN CHURCH VS EVANGELICAL CHRISTIAN C

Case Summary

On 12/20/2012 LA OPEN DOOR PRESBYTERIAN CHURCH filed a Property - Other Property Fraud lawsuit against EVANGELICAL CHRISTIAN C. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MALCOLM MACKEY, RANDOLPH M. HAMMOCK and EDWARD B. MORETON. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7940

  • Filing Date:

    12/20/2012

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Property - Other Property Fraud

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MALCOLM MACKEY

RANDOLPH M. HAMMOCK

EDWARD B. MORETON

 

Party Details

Plaintiff, Petitioner and Appellant

LA OPEN DOOR PRESBYTERIAN CHURCH

Claimant

KIA MOTORS FINANCE

Defendants and Respondents

DOES 1 THROUGH 100

EVANGELICAL CHRISTIAN CREDIT UNION

J.D. DIFFENBAUGH INC.

Cross Defendant

SECUREAMERICA LLC

Others

WALD DAVID D. (FORMER RECEIVER)

RICHARDS SCOTT I. ESQ.

ESNER CHANG & BOYER

LAW OFFICES OF MARY LEE

WALD DAVID D. FORMER RECEIVER

Not Classified By Court

L.A. DEPOSITIONS INC

MILLER LAURIE

SEAMAN THOMAS

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LEE HENRY M. ESQ.

ROGARI RALPH ESQ.

SAMUELS PAUL H.

SAMUELS PAUL H. ESQ.

MANNING & KASS ELLROD RAMIREZ TRESTER

Appellant and Respondent Attorneys

MARY LEE LAW OFFICES OF

WRIGHT JAMES

LEE HONG DEGERMAN KANG & WAIMEY

MICHAEL D. STEWART

STEWART MICHAEL DOUGLAS

STEWART MICHAEL DOUGLAS ESQ.

Claimant Attorney

LEWIN JAMES F.

Defendant and Respondent Attorneys

LEE HONG DEGERMAN KANG & WAIMEY

MICHAEL D. STEWART

STEWART MICHAEL DOUGLAS

STEWART MICHAEL D. ESQ.

TILL JAMES E.

TILL JAMES EDWARD

Cross Defendant Attorneys

BREMER WHYTE BROWN & O'MEARA LLP

TOOHEY JOHN HENRI

Other Attorney

PASTERNAK DAVID J. ESQ.

 

Court Documents

NOTICE OF CASE REASSIGNMENT

3/22/2018: NOTICE OF CASE REASSIGNMENT

Minute Order -

7/2/2018: Minute Order -

APPLICATION FOR ISSUANCE OF WRIT OF EXECUTION, POSSESSION OR SALE

8/22/2018: APPLICATION FOR ISSUANCE OF WRIT OF EXECUTION, POSSESSION OR SALE

Minute Order -

2/11/2014: Minute Order -

Minute Order -

2/21/2014: Minute Order -

EVANGELICAL CHRISTIAN CREDIT UNION?S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORY NO. 17.1; AND DECLARATION OF MICHAEL D. STEWART

6/2/2014: EVANGELICAL CHRISTIAN CREDIT UNION?S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORY NO. 17.1; AND DECLARATION OF MICHAEL D. STEWART

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF LA OPEN DOOR PRESBYTERIAN CHURCH'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; DECLARATION OF MARY LEE

8/27/2014: MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF LA OPEN DOOR PRESBYTERIAN CHURCH'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT; DECLARATION OF MARY LEE

SUBSTITUTION OF ATTORNEY -

10/23/2014: SUBSTITUTION OF ATTORNEY -

PLAINTIFF?S OPPOSITION TO MOTION IN LIMINE ?G? TO ?PRECLUDE EVIDENCE OR ARGUMENT CONCERNING CLAIMS ASSERTED IN LAOD?S NEW LAWSUIT AND DENIED CAUSE OF ACTION FOR BREACH OF CONTRACT?S

11/26/2014: PLAINTIFF?S OPPOSITION TO MOTION IN LIMINE ?G? TO ?PRECLUDE EVIDENCE OR ARGUMENT CONCERNING CLAIMS ASSERTED IN LAOD?S NEW LAWSUIT AND DENIED CAUSE OF ACTION FOR BREACH OF CONTRACT?S

PLAINTIFF?S OPPOSITION TO MOTION IN I.TMINE ?F? TO ?PRECLUDE EVIDENCE OR ARGUMENT SUGGESTING THAT FORECLOSURE SALE WAS IMPROPER OR INVALID?

11/26/2014: PLAINTIFF?S OPPOSITION TO MOTION IN I.TMINE ?F? TO ?PRECLUDE EVIDENCE OR ARGUMENT SUGGESTING THAT FORECLOSURE SALE WAS IMPROPER OR INVALID?

PLAINTIFF'S REVISED WITNESS LIST

12/8/2014: PLAINTIFF'S REVISED WITNESS LIST

REQUEST FOR DISMISSAL -

12/10/2014: REQUEST FOR DISMISSAL -

DEFENDANT ECCU?S BRIEF RE INABILITY OF POSSESSOR (LAOD) TO RECOVER CONVERSION DAMAGES FROM OWNER (ECCU)

12/12/2014: DEFENDANT ECCU?S BRIEF RE INABILITY OF POSSESSOR (LAOD) TO RECOVER CONVERSION DAMAGES FROM OWNER (ECCU)

DEFENDANT ECCU?S BRIEF ON CAL. BUS. & PROF. CODE SECTION 17200 AND DECLARATORY RELIEF

12/17/2014: DEFENDANT ECCU?S BRIEF ON CAL. BUS. & PROF. CODE SECTION 17200 AND DECLARATORY RELIEF

STIPULATION

12/19/2014: STIPULATION

PROOF OF SERVICE OF MEMORANDUM OF COSTS

1/21/2015: PROOF OF SERVICE OF MEMORANDUM OF COSTS

SECOND SUMMONS ON SECOND AMENDED COMPLAINT

6/6/2017: SECOND SUMMONS ON SECOND AMENDED COMPLAINT

DEFENDANT EVANGELICAL CHRISTIAN CREDIT UNION'S REPLY IN SUPPORT OF MOTION TO STRIKE PORTIONS OF SECOND AMENDED COMPLAINT

6/7/2017: DEFENDANT EVANGELICAL CHRISTIAN CREDIT UNION'S REPLY IN SUPPORT OF MOTION TO STRIKE PORTIONS OF SECOND AMENDED COMPLAINT

513 More Documents Available

 

Docket Entries

  • 12/22/2020
  • DocketAppeal - Remittitur - Affirmed (B293615); Filed by Clerk

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  • 10/15/2020
  • DocketWrit - Return

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  • 07/31/2020
  • DocketNotice of Ruling; Filed by LA Open Door Presbyterian Church (Plaintiff)

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  • 07/29/2020
  • Docketat 08:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Application for Order for Appearance and Examination - Not Held - Continued - Court's Motion

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  • 07/29/2020
  • Docketat 08:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Application for Order for Appearance and Examination - Not Held - Continued - Court's Motion

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  • 07/29/2020
  • Docketat 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Hearing on Application for Order for Appearance and Examination - Held

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  • 07/29/2020
  • Docketat 08:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Application for Order for Appearance and Examination - Not Held - Continued - Court's Motion

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  • 07/29/2020
  • Docketat 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Hearing on Application for Order for Appearance and Examination - Held

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  • 07/29/2020
  • Docketat 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Hearing on Application for Order for Appearance and Examination - Held

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  • 07/29/2020
  • DocketMinute Order ( (Hearing on Application for Order for Appearance and Examination;)); Filed by Clerk

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937 More Docket Entries
  • 01/18/2013
  • DocketRequest for Judicial Notice; Filed by Evangelical Christian Credit Union (Defendant)

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  • 01/18/2013
  • DocketDemurrer; Filed by Evangelical Christian Credit Union (Defendant)

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  • 01/14/2013
  • Docketat 08:30 AM in Department 55; Unknown Event Type - Held - Motion Granted

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  • 01/14/2013
  • DocketMinute Order

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  • 01/08/2013
  • DocketNOTICE OF RELATED CASE

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  • 01/08/2013
  • DocketNotice of Related Case; Filed by Defendant/Respondent

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  • 12/20/2012
  • DocketComplaint; Filed by LA Open Door Presbyterian Church (Plaintiff)

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  • 12/20/2012
  • DocketCOMPLAINT FOR: 1] FRAUD; ETC.

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  • 12/20/2012
  • DocketSUMMONS

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  • 09/10/2011
  • DocketOpposition Document; Filed by Evangelical Christian Credit Union (Defendant)

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Tentative Rulings

Case Number: BC497940    Hearing Date: May 24, 2021    Dept: 47

Tentative Ruling
Judge Theresa M. Traber, Department 47
HEARING DATE: May 24, 2021 AMENDED JUDGMENT: June 3, 2019
CASE:  LA Open Door Presbyterian Church v. Evangelical Christian Credit Union, et al.
CASE NO.:  BC497940
 
MOTION FOR ATTORNEY FEES
 
MOVING PARTY: Defendant Evangelical Christian Credit Union
RESPONDING PARTY(S): No opposition on eCourt as of May 20, 2021.
CASE HISTORY:
12/20/12: Complaint filed.
06/10/13: Cross-Complaint filed by Defendant Evangelical Christian Credit Union.
12/08/14: Cross-Complaint dismissed.
02/20/15: Revised judgment entered.
04/23/15: Notice of Appeal filed.
11/08/16: First Amended Complaint filed.
12/02/16: Remittitur filed.
04/07/17: Second Amended Complaint filed.
07/14/17: Third Amended Complaint filed.
09/28/18: Judgment entered.
11/01/18: Appeal filed by Plaintiff.
06/03/19: Amended Judgment entered.
07/08/19: Appeal of amended judgment filed by Plaintiff.
10/24/19: Remittitur received, dismissing appeal.
12/22/20: Remittitur received, affirming 9/28/18 judgment.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
Plaintiff alleged that Defendant Evangelical Christian Credit Union manufactured Plaintiff’s default of a commercial loan, even though the construction project was incomplete because the general contractor—insisted upon by ECCU as a condition of the loan—failed to complete the project. Defendant ECCU conducted a trustee’s sale, and Plaintiff was locked out of the subject property while ECCU’s security guards stole Plaintiff’s personal property.
Defendant ECCU moves for attorney’s fees following Plaintiff’s failed appeal of the judgment entered in favor of Defendant.
TENTATIVE RULING:
In light of the parties’ joint stipulation to stay this motion due to pending bankruptcy proceedings involving an alleged alter ego of Plaintiff, Defendant Evangelical Christian Credit Union’s motion for additional attorney’s fees is CONTINUED to July 6, 2021, at 8:30 a.m., solely for the purpose of rescheduling the hearing if the bankruptcy proceedings have been resolved. 
The Court also sets an OSC re: status of bankruptcy proceedings for July 6, 2021, at 8:30 a.m. 
IT IS SO ORDERED.
Moving party to give notice, unless waived.
IT IS SO ORDERED.
Dated:   May 24, 2021 ___________________________________
Theresa M. Traber
Judge of the Superior Court
Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing.  All interested parties must be copied on the email.  It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.
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