Annie Ma v. Bank of America, N.A. et al
Plaintiff: ANNIE MA
Defendant: BANK OF AMERICA, N.A., BANK OF AMERICA CORPORATION, JANE DOE and DOES 1-10, inclusive
Case Number: 2:2023cv09456
Filed: November 8, 2023
Court: US District Court for the Central District of California
Presiding Judge: Michael W Fitzgerald
Referring Judge: Alicia G Rosenberg
Nature of Suit: Personal Property: Other
Cause of Action: 28 U.S.C. ยง 1441 Notice of Removal - Property Damage
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 3, 2024 Opinion or Order Filing 19 SCHEDULING NOTICE and ORDER by Judge Michael W. Fitzgerald. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds the PLAINTIFF'S MOTION FOR A SCHEDULING ORDER PURSUANT TO FEDERAL RULES 1 & 26 FOR DISCOVERY TO TAKE PLACE AND THE MOTION TO DISMISS TO BE STAYED SO THAT JURISDICTION CAN BE CONFIRMED #11 suitable for submission on the papers without oral argument. Accordingly, the hearing set on this motion for January 8, 2024 is vacated and taken off calendar. If the Court determines that a hearing is necessary, one will be reset at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY
December 20, 2023 Opinion or Order Filing 18 MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT'S MOTION TO DISMISS #7 by Judge Michael W. Fitzgerald. The Motion is GRANTED with leave to amend as to Plaintiff's financial elder abuse and UCL claims. This Court is dubious that any amendment will not be futile, but Plaintiff is given one and only one opportunity to amend. Plaintiffs may file a First Amended Complaint ("FAC") by no later than January 8, 2024. Defendant shall respond to the FAC, if filed, by no later than January 29, 2024. Plaintiff is warned that any future successful motion to dismiss will be granted without leave to amend. Failure to file a FAC will be construed as the intention to stand on the Complaint, and thus the action will be DISMISSED and judgment will be entered accordingly. (SEE DOCUMENT FOR FURTHER DETAILS.) (rolm)
December 18, 2023 Filing 16 MINUTES OF MOTION OF DEFENDANT BANK OF AMERICA, N.A. TO DISMISS PLAINTIFFS COMPLAINT #7 Hearing held before Judge Michael W. Fitzgerald: The Courtroom Deputy Clerk issues the Court's tentative ruling, prior to the hearing. Case called, and counsel make their appearance. The Court invites counsel to present their oral arguments. Arguments by counsel are heard. For the reasons stated on the record, the Court takes the matter under submission. An order will issue. Court Reporter: Amy Diaz. Attorney for Plaintiff: Monica L. Hartsock. Attoney for Defendants: Matthew J. Esposito. Time in Court: 09 minutes. (rs)
December 14, 2023 Opinion or Order Filing 17 MINUTES (IN CHAMBERS) ORDER DENYING PLAINTIFF'S EX PARTE APPLICATION TO CONTINUE HEARING ON DEFENDANTS MOTION TO DISMISS #13 by Judge Michael W. Fitzgerald. Having considered the Application and Opposition, the Application is DENIED. (iv)
December 6, 2023 Filing 15 OPPOSITION to Plaintiff's Ex Parte Application to Continue Hearing on Bank of America, N.A.'s Motion to Dismiss and for the Court to Order a Scheduling Conference Opposition re: EX PARTE APPLICATION to Continue Defendant's Motion to Dismiss from December 18, 2023 to Until Jurisdiction is Determined Re: NOTICE OF MOTION AND MOTION to Dismiss Case #7 , NOTICE OF MOTION AND MOTION for Order for To Stay Defend #13 Opposition filed by Defendant Bank of America, N.A.. (Esposito, Matthew)
December 6, 2023 Filing 14 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: Motion for Order #11 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. Pursuant to Local Rule 5-4.4.1- Proposed orders not lodged with a main document shall be electronically lodged as an attachment to a Notice of Lodging. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv)
December 5, 2023 Filing 13 EX PARTE APPLICATION to Continue Defendant's Motion to Dismiss from December 18, 2023 to Until Jurisdiction is Determined Re: NOTICE OF MOTION AND MOTION to Dismiss Case #7 , NOTICE OF MOTION AND MOTION for Order for To Stay Defendant's Motion to Dismiss and Set a Discovery Schedule Per Federal Rules of Civil Procedure Rules 1 and 26 #11 filed by Plaintiff Annie Ma. (Attachments: #1 Declaration Declaration of Monica Hartsock In Support, #2 Exhibit Exhibit 1 of Meet and Confer and Notice Emails, #3 Proposed Order Proposed Order Granting Ex Parte) (Hartsock, Monica)
December 4, 2023 Filing 12 CERTIFICATE of Interested Parties filed by Plaintiff Annie Ma, (Hartsock, Monica)
December 4, 2023 Filing 11 NOTICE OF MOTION AND MOTION for Order for To Stay Defendant's Motion to Dismiss and Set a Discovery Schedule Per Federal Rules of Civil Procedure Rules 1 and 26 filed by Plaintiff Annie Ma. Motion set for hearing on 1/8/2024 at 10:00 AM before Judge Michael W. Fitzgerald. (Hartsock, Monica)
December 4, 2023 Filing 10 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case #7 filed by Defendant Bank of America, N.A.. (Esposito, Matthew)
November 27, 2023 Filing 9 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case #7 filed by Plaintiff Annie Ma. (Hartsock, Monica)
November 15, 2023 Filing 8 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Dismiss Case #7 filed by Defendant Bank of America, N.A.. (Esposito, Matthew)
November 15, 2023 Filing 7 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Bank of America, N.A.. Motion set for hearing on 12/18/2023 at 10:00 AM before Judge Michael W. Fitzgerald. (Attachments: #1 Proposed Order) (Esposito, Matthew)
November 13, 2023 Opinion or Order Filing 6 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Consuelo B. Marshall. ORDER case returned to the Clerk for random reassignment pursuant to General Order 23-05. Case randomly reassigned from Judge Consuelo B. Marshall to Judge Michael W. Fitzgerald for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-09456 MWF(AGRx). (rn)
November 9, 2023 Filing 5 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car)
November 9, 2023 Filing 4 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Alicia G. Rosenberg. (car)
November 8, 2023 CONFORMED COPY OF COMPLAINT against Defendants Bank of America, N.A., Jane Doe, Does 1-10, inclusive. Jury Demanded, filed by Plaintiff Annie Ma. Filed in State Court on 10/9/2023 Submitted with Attachment 2 Exhibit 2 to Notice of Removal #1 (car)
November 8, 2023 Filing 3 CERTIFICATE of Interested Parties filed by Defendant BANK OF AMERICA, N.A., identifying NB Holdings Corporation and Bank of America Corporation. (Esposito, Matthew)
November 8, 2023 Filing 2 CIVIL COVER SHEET filed by Defendant BANK OF AMERICA, N.A.. (Esposito, Matthew)
November 8, 2023 Filing 1 NOTICE OF REMOVAL from Los Angeles County Superior Court, case number 23STCV24582 Receipt No: ACACDC-36376547 - Fee: $402, filed by Defendant BANK OF AMERICA, N.A.. (Attachments: #1 Exhibit 1 Summons, #2 Exhibit 2 Complaint) (Attorney Matthew J Esposito added to party BANK OF AMERICA, N.A.(pty:dft))(Esposito, Matthew)

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Plaintiff: ANNIE MA
Represented By: Monica Lea Hartsock
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Defendant: BANK OF AMERICA, N.A.
Represented By: Matthew J Esposito
Represented By: Austin Benjamin Kenney
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Defendant: BANK OF AMERICA CORPORATION
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Defendant: JANE DOE
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Defendant: DOES 1-10, inclusive
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