Nathan G. Daniel v. JPMorgan Chase Bank, N.A. et al
Nathan Daniel and Nathan G. Daniel |
JPMORGAN CHASE BANK, N.A. (erroneously sued as JPMorgan Chase Bank, N.A., dba Chase Home Finance LLC, formerly doing business as Washington Mutual Bank, JPMorgan Chase & Co.), Does 1 through 100, inclusive and JPMorgan Chase Bank, N.A. formerly doing business as Washington Mutual Bank, JPMorgan Chase and Co. Erroneously Sued As JPMorgan Chase Bank, N.A. doing business as Chase Home Finance LLC |
2:2020cv06644 |
July 24, 2020 |
US District Court for the Central District of California |
R Gary Klausner |
John E McDermott |
Real Property: Other |
28 U.S.C. § 1441 |
Plaintiff |
Docket Report
This docket was last retrieved on July 9, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 25 MINUTES (IN CHAMBERS) Order Re: Defendant's Motion to Dismiss [DE 12]; Plaintiff's Motion to Remand [DE 14] by Judge R. Gary Klausner. For the foregoing reasons, the Court DENIES Plaintiff's Motion to Remand #14 and GRANTS in part Defendant's Motion to Dismiss #12 : 1. The Court GRANTS Defendant's Motion to Dismiss Plaintiff's first claim for breach of contract. The dismissal of this claim is without prejudice. 2. The Court GRANTS Defendant's Motion to Dismiss Plaintiff's second claim for intentional misrepresentation. Plaintiff's first theory is dismissed without prejudice. Plaintiff's second theory is dismissed with prejudice. 3. The Court DENIES Defendant's Motion to Dismiss Plaintiff's third claim for breach of the implied covenant of good faith and fair dealing. 4. The Court GRANTS Defendant's Motion to Dismiss Plaintiff's fourth claim for accounting. The dismissal of this claim is without prejudice. (lom) |
Filing 24 TEXT ONLY ENTRY by Judge R. Gary Klausner. Defendant JP Morgan Chase Bank's Motion to Dismiss First Amended Complaint #12 and Plaintiff's Motion to Remand Under 28 USC 1447 #14 calendared for hearing on September 8, 2020, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (smo) |
Filing 23 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss the First Amended Complaint #12 Reply of Defendant JPMorgan Chase Bank, N.A. to Plaintiff's Opposition to Motion to Dismiss the First Amended Complaint filed by Defendant JPMorgan Chase Bank, N.A.. (Henderson, Matthew) |
Filing 22 Letter re the hearing date is 9/9/2020 at 9:00 AM., the Hon. Judge R. Gary Klausner re doc #14 filed by Plaintiff Nathan G. Daniel. (jp) |
Filing 21 PROOF OF SERVICE filed by plaintiff Nathan G. Daniel(as Trustee for THE JUSTICE LEAGUE, L.T.), re Opposition to Motion to Dismiss FAC #19 ; Declaration in support of Opposition to Motion to Dismiss FAC #20 , served on 8/17/2020. (jp) |
Filing 20 DECLARATION in support of Opposition Motion to Dismiss First Amended Complaint #12 filed by Plaintiffs Nathan G. Daniel. (jp) |
Filing 19 OPPOSITION to Motion to Dismiss First Amended Complaint #12 : Memorandum of Points and Authorities filed by Plaintiffs Nathan G. Daniel, Nathan G. Daniel. (jp) |
Filing 18 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to #14 filed by Defendant JPMorgan Chase Bank, N.A.. (Attachments: #1 Proposed Order [Proposed] Order Denying Motion for Remand)(Henderson, Matthew) |
Filing 17 SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiff's Motion to Remand Case #14 , is HEREBY CONTINUED TO 09/08/2020 at 9:00 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sw) TEXT ONLY ENTRY |
Filing 16 PROOF OF SERVICE filed by plaintiff Nathan G. Daniel(as Trustee for THE JUSTICE LEAGUE, L.T.), re MOTION to Remand #14 ; Memorandum of Point of Authorities; Proposed Order, Exhibit 1; Exhibit 2 served on 8/4/2020 upon Jessie Lopez, Office Manager by personal service. (jp) |
Filing 15 DECLARATION of NATHAN G DANIEL in support of MOTION to Remand #14 filed by Plaintiff Nathan G. Daniel. (jp) |
Filing 14 NOTICE OF MOTION AND MOTION to Remand Under 28 USC section 1447; Memorandum of Points and Authorities filed by plaintiff Nathan G. Daniel. Motion set for hearing on 8/31/2020 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Proposed Order). (jp) |
Filing 13 ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 11/16/2020. Scheduling Conference set for 11/23/2020 at 9:00 am. (sw) |
Filing 12 NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss the First Amended Complaint filed by Defendant JPMorgan Chase Bank, N.A.. Motion set for hearing on 9/8/2020 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Request for Judicial Notice, #2 Exhibit RJN Exhibit 1 - First DOT, #3 Exhibit RJN Exhibit 2 - Second DOT, #4 Exhibit RJN Exhibit 3 - FDIC WaMu Purchase Assumption Agreement Whole Bank, #5 Exhibit RJN Exhibit 4 - Quitclaim Deed, #6 Exhibit RJN Exhibit 5 - Notice of Default, #7 Exhibit RJN Exhibit 6 - Notice of Default, #8 Exhibit RJN Exhibit 7 - SOT and Deed of Reconveyance, #9 Exhibit RJN Exhibit 8 - SOT and Deed of Reconveyance, #10 Proposed Order Daniel - Proposed Order) (Henderson, Matthew) |
Filing 11 NOTICE Notice to Plaintiff of Judicial Assignment, ADR, and Standing Orders filed by Defendant JPMorgan Chase Bank, N.A.. (Henderson, Matthew) |
Filing 10 ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge R. Gary Klausner: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss First Amended Complaint #9 , for the following reasons: The Memorandum of Points and Authorities contains single-spaced text. LR 11-3.6. (jp) |
Filing 9 [DOCUMENT STRICKEN PER ORDER DATED ON 7/31/2020, SEE DOCKET ENTRY NO. #10 ] - NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss First Amended Complaint filed by Defendant JPMorgan Chase Bank, N.A.. Motion set for hearing on 9/8/2020 at 09:00 AM before Judge R. Gary Klausner. (Attachments: #1 Request for Judicial Notice, #2 Exhibit RJN Exhibit 1 - First DOT, #3 Exhibit RJN Exhibit 2 - Second DOT, #4 Exhibit RJN Exhibit 3 - FDIC WaMu Purchase Assumption Agreement Whole Bank, #5 Exhibit RJN Exhibit 4 - Quitclaim Deed, #6 Exhibit RJN Exhibit 5 - Notice of Default, #7 Exhibit RJN Exhibit 6 - Notice of Default, #8 Exhibit RJN Exhibit 7 - SOT and Deed of Reconveyance, #9 Exhibit RJN Exhibit 8 - SOT and Deed of Reconveyance, #10 Proposed Order Proposed Order) (Henderson, Matthew) Modified on 7/31/2020 (jp). |
Filing 8 CERTIFICATE OF SERVICE filed by Defendant JPMorgan Chase Bank, N.A., of Notice to Adverse Party of Removal to Federal Court served on 07/27/2020. (Attachments: #1 Exhibit Notice of Removal of Action to the United States District Court for the Central District of California, Western Division)(Henderson, Matthew) |
Filing 7 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw) |
Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
Filing 5 NOTICE OF ASSIGNMENT to District Judge R. Gary Klausner and Magistrate Judge John E. McDermott. (ghap) |
CONFORMED FILED COPY OF PROOF OF SERVICE Executed by Plaintiff Nathan G. Daniel(as Trustee for THE JUSTICE LEAGUE, L.T.), Nathan G. Daniel(individually), upon Defendant JPMorgan Chase Bank, N.A. served on 6/24/2020, answer due 7/15/2020. Service of the Summons and Complaint were executed upon CT Corporation System by serving Daisy Montengro- CT Corporation System Agent in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (FILED IN STATE COURT ON 6/25/2020 SUBMITTED ATTACHED EXHIBIT 25) (ghap) |
CONFORMED FILED COPY FIRST AMENDED COMPLAINT against Defendants Does 1 through 100, inclusive, JPMorgan Chase Bank, N.A. amending Complaint - (Discovery), filed by plaintiffs Nathan G. Daniel(as Trustee for THE JUSTICE LEAGUE, L.T.), Nathan G. Daniel(individually). (FILED IN STATE COURT ON 6/17/2020 SUBMITTED ATTACHED EXHIBIT UNKNOWN)(ghap) |
CONFORMED FILED COPY OF COMPLAINT against Defendants Does 1 through 100, inclusive, JPMorgan Chase Bank, N.A. Jury Demanded., filed by plaintiffs Nathan Daniel, Nathan G. Daniel. (FILED IN STATE COURT ON 6/5/2020 SUBMITTED ATTACHED EXHIBIT A) (ghap) |
Filing 4 REQUEST FOR JUDICIAL NOTICE in support of Notice of Removal of State Court Action under 28 U.S.C. 1332(a) and 1441(a)-(b) filed by Defendant JPMORGAN CHASE BANK, N.A. (erroneously sued as JPMorgan Chase Bank, N.A., dba Chase Home Finance LLC, formerly doing business as Washington Mutual Bank, JPMorgan Chase & Co.). (Henderson, Matthew) |
Filing 3 NOTICE of Interested Parties filed by Defendant JPMORGAN CHASE BANK, N.A. (erroneously sued as JPMorgan Chase Bank, N.A., dba Chase Home Finance LLC, formerly doing business as Washington Mutual Bank, JPMorgan Chase & Co.), identifying JPMorgan Chase & Co.. (Henderson, Matthew) |
Filing 2 CIVIL COVER SHEET filed by Defendant JPMORGAN CHASE BANK, N.A. (erroneously sued as JPMorgan Chase Bank, N.A., dba Chase Home Finance LLC, formerly doing business as Washington Mutual Bank, JPMorgan Chase & Co.). (Henderson, Matthew) |
Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 20STCV21374 Receipt No: ACACDC-27353733 - Fee: $400, filed by Defendant JPMORGAN CHASE BANK, N.A. (erroneously sued as JPMorgan Chase Bank, N.A., dba Chase Home Finance LLC, formerly doing business as Washington Mutual Bank, JPMorgan Chase & Co.). (Attorney Matthew S Henderson added to party JPMORGAN CHASE BANK, N.A. (erroneously sued as JPMorgan Chase Bank, N.A., dba Chase Home Finance LLC, formerly doing business as Washington Mutual Bank, JPMorgan Chase & Co.)(pty:dft))(Henderson, Matthew) |
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Plaintiff: Nathan Daniel | |
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Defendant: JPMORGAN CHASE BANK, N.A. (erroneously sued as JPMorgan Chase Bank, N.A., dba Chase Home Finance LLC, formerly doing business as Washington Mutual Bank, JPMorgan Chase & Co.) | |
Represented By: | Matthew S Henderson |
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Defendant: Does 1 through 100, inclusive | |
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Defendant: JPMorgan Chase Bank, N.A. formerly doing business as Washington Mutual Bank, JPMorgan Chase and Co. Erroneously Sued As JPMorgan Chase Bank, N.A. doing business as Chase Home Finance LLC | |
Represented By: | Matthew S Henderson |
Represented By: | Bryant S Delgadillo |
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