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2024.05.31 Petition to Compel Binding Arbitration, Request for Stay of All Proceedings 013
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.31
Excerpt: ...ion 1290.6. Defendant's counsel, Mr. Feingold, asks the Court to relieve Defendant of his calendaring error under Code Civ. Proc, § 473 or § 1290.6. The Court finds good cause to extend the time for Defendant's response under Section 1290.6. The Court in Correia v. NB Baker Electric, Inc. (2019) 32 Cal.App.5th 602 provided guidance in a similar case: “Baker contends the court had no jurisdiction to consider this untimely response. We disagre...
2024.05.30 Motion to Vacate Void Judgment 946
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.30
Excerpt: ... has not met t he requirements of section 1008. Plaintiff to give notice. Complaint filed on 3/9/20. It asserts a single cause of action for professional negligence. Ps claim that D is a civil and structural engineer who designed a second story for a residence. Proof of service of summons and complaint was filed on 7/1/20. It indicates that D was subserved on 6/17/20 at 226 Orange Ave., Suite 103 Coronado, CA 92118. D's default was taken on 8/2...
2024.05.29 Motion for Terminating Sanctions 226
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.29
Excerpt: ...Based on Plainti ff Smith's failure to comply with the Court's discovery order of March 26, 2024, the Court hereby finds that terminating sanctions may properly be imposed against her. Consequently, the Court hereby ORDERS that the Complaint be DISMISSED as to Plaintiff Maggie Smith. Monetary sanctions are GRANTED against Plaintiff in the full requested sum of $960. Payment of these sanctions, in addition to the other $1,000 in discovery sanctio...
2024.05.29 Demurrer 751
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.29
Excerpt: ...ligence; 2) premises liability; and 3) others. See Form Complaint ¶10. However, there is only a single “premises liability” attachment to the form complaint. The current demurrer was filed on 4/16/24. The motion to strike was initially submitted with it but appe ars to have been rejected for failure to submit a separate filing fee. It was eventually filed on 5/2/24. No trial date has been set in the case. Defenant demurrers to all three c...
2024.05.23 Motion for Terminating, Issue, Evidence, Monetary Sanctions 343
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.23
Excerpt: ...Inc.'s Motio n for Terminating, Issue, Evidence and/or Monetary Sanctions in the amount of $2,250 is GRANTED in part, and DENIED provisionally in part. The Court grants Plaintiffs' request for monetary sanctions in the amount of $2,250. Defendant is required to pay Plaintiffs' counsel the ordered monetary sanctions within 10 days of this order. Further, Defendant is ordered to produce the PMQ for deposition within 15 days of this order. Defendant...
2024.05.22 Motion to Strike Punitive Damages 556
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.22
Excerpt: ...435.5 and of the court's expectation that they fulfill their duties in the future. The Complaint for property damage and personal injury is filed on 2/7/24 by attorney Andre L. Verdun. There are causes of action for motor vehicle and general negligence attached to the com plaint. Here, the case arises from a motor vehicle accident which occurred in Santa Paula on 10/20/21. A DOE amendment naming Kyle Denton as a defendant was filed on 2/23/24....
2024.05.22 Motion to Compel Compliance with Demand for Physical Exam, Deposition and Production of Docs 145
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.22
Excerpt: ... 7/26/19. Asserts causes of action for: 1) Battery; 2) Negligence; 3) Intentional Infliction of Emotional Distress; 4) Fraudulent Concealment; and 5) Public Nuisance. Plaintiff claims to have suffered injuries as a result of bedbug bites during her stay at defend ant's hotel. On 1/30/24 the court issued a minute order granting defendant's prior motion for an order requiring plaintiff to (1) comply with demand for physical examination and (2) att...
2024.05.21 Motion for Publication of Summons 462
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.21
Excerpt: ...ng reasonable diligence. Plaintiff must state facts allowing the Court to make the required conclusions under CCP §415.50. Personal injury claims in connection with damages from renting a “damp indoor environment.” Residential mold case. Negligence, premises liability , breach of contract and intentional tort are the causes of the action (8 total). Filed on 12/5/2023. Applications for GAL: Rachelle Longo for Sam Longo and Myles Mobley. Defen...
2024.05.21 Motion for Protective Order 896
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.21
Excerpt: ...ever, the C ourt limits any inquiry by Plaintiff with respect to the listed topics to those related to Defendant HCA and may not ask questions related to any topics already addressed in the previous deposition of Defendant Los Robles Medical Center's Person Most Quali fied at the deposition on April 10, 2024. Further, the court bars Plaintiff from asking questions relating to Topic 11 of the Amended Notice served on April 17, 2024. Plaintiff's r...
2024.05.17 Motion for Trial Preference 619
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.17
Excerpt: ...ence in order prevent prejudice to him. Thus, pursuant to Code of Civil Procedure, section 36, subdivision (a), this case is hereby given “preferential” status for trial setting purposes. This means that the jury trial in this action should happen no later than 120 from the date of granting the instant Motion. The current September 16, 2024, jury trial date is already 120 days out from the date of granting this Motion. Thus, no further action...
2024.05.17 Demurrer 594
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.17
Excerpt: ...kman, Marnie Brinkman and Arborist Crew Services, Inc.'s Demurrer to the Complaint is OVERRULED. The Court finds that each cause of action pleaded in the Complaint sufficiently states a cause of action and is not uncertain. Defendants Joel Brinkman, Marnie Brinkman and Arborist Crew Services, Inc.'s Demurrer to the Complaint is GRANTED in part and DENIED in part. The motion to strike the punitive damages allegations is granted with leave to amen...
2024.05.16 Motion to Tax Costs 114
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.16
Excerpt: ...in the amount of $2,714.49. The Motion is GRANTED as to item 8b of the Memorandum of Costs Worksheet. The Court finds that Defendant's section 998 offer in the amount of $0 was but an unreasonable, “token” offer that was not made in good faith. Accordingly, Defendant i s not entitled to recover his expert witness fees against Plaintiff. Thus, this item is taxed in the full amount of $71,127.50. Motion is DENIED as to all remaining items. Def...
2024.05.15 Motion to Stay Civil Action Pending Completion of Arbitration 902
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.15
Excerpt: ...al and Medi cal Center and Sherwood Oaks Post Acute, relating to Plaintiff's claims about the development and exacerbation of pressure ulcers while in defendants' care between December 3, 2021, and February 17, 2022. Heritage Provider Network, Inc. v. Superior Court, (2008) 158 Cal. App. 4th 1146, 1153. The Court exercises its discretion to issue a stay of all proceedings pending completion of arbitration between Plaintiff and Sherwood Oaks, as t...
2024.05.15 Motion to Compel Responses 226
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.15
Excerpt: ...is GRANTED. Def endant's Motion to Compel Plaintiff's Responses to Requests for Production of Documents, Set Two is GRANTED. Defendant's Motion to Deem Matters Admitted against Plaintiff is GRANTED. Plaintiff Margie Smith is ordered to serve Defendant with her Code -compli ant and objection -free initial responses and document production in response to each and all of the subject interrogatories and requests for production by no later than 30 day...
2024.05.14 Motion for Attorney Fees 891
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.14
Excerpt: ...rom this a mount if the award of attorney's fees of $56,680.07 and a 0.1 enhancement of $5,668.00 as the case was on contingency and sought to enforce a statutory right. The court defers ruling on Plaintiff's request for an award of costs and expenses until Defendan t 's Motion to Tax Costs is heard on July 16, 2024. The Complaint was filed on 8/31/20 and the First Amended Complaint (“FAC”) on 1/8/21. The FAC was filed by Plaintiff Jerry Ka...
2024.05.10 Motion to Vacate Order Granting Demurrer 919
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.10
Excerpt: ...�nds that the mandatory relief provision applies in this instance where the action was dismissed following Plaintiff's failure to oppose the underlying demurrer or file an amended complaint within the time allowed by the Court. (See Pagnini v. Union Bank, N.A. (2018) 28 Cal.App.5th 298.) Plaintiff's counsel, Mainak D'Attaray, has submitted an attorney declaration of fault. However, the Court finds that this declaration lacks credibility. Furthe...
2024.05.10 Motion to Compel Further Responses and to Strike 354
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.10
Excerpt: ...e a Notice a s well as the Motion fails to state the basis for the motion and the relief sought. Plaintiff also seeks monetary sanctions of $3,615.00 pursuant to Code Civ. Proc., § 2030.290 (interrogatory 17.1) and § 2033.290 (RFAs). Code Civ. Proc., § 2023.040, provides further: A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanct...
2024.05.10 Motion for Evidentiary and Monetary Sanctions 339
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.10
Excerpt: ...erminating Sanction. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 487; Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796- 797.) Plaintiff has failed to comply with the Court's November 6, 2023 Order. In light of Plaintiff's continuing pattern of evasiveness, the Court finds that no less severe sanction would be effective under the circumstances. No additional monetary sanctions will be awarded as a terminating sanction is ...
2024.05.08 Motion for Preliminary Approval of Class and Representative Action Settlement 205
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.08
Excerpt: ...ment. The C OURT'S only reservation in granting approval is that a copy of the proposed Class Notice (“Exhibit A to executed Settlement Agreement”) was not included with the Executed Settlement Agreement. As the Court wants to review the notice, a brief continuance of the hearing is probably appropriate. A hearing on final approval of the class action settlement is set on __________ (most likely set for a 3 -month date the timeframes for not...
2024.05.08 Demurrer 299
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.08
Excerpt: ...20 days of the date of the notice of ruling. The Complaint was filed on January 12, 2024, by Plaintiffs Joseph Jimenez and Rosemary Perez (“Plaintiffs”) against Defendant Janell Beck (“Defendant”) for breach of contract. The Complaint alleged that Plaintiffs and Defend ant entered into a Residential Purchase Agreementa and Private Financing Terms Agreement. Following delays with the Probate Court and financing for the purchase, Plaintif...
2024.05.01 Motion for Judgment on the Pleadings 044
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.05.01
Excerpt: ... filed on 3/29/24. Trial call is set for 6/4/24. Declaration of attorney Laura D' Anna suggests that phone calls and letter(s) were sent in an attempt to resolve the matter. Plaintiff claims that defendant's answer when combined with the court's order deeming p laintiff's request for admission admitted entitle it to judgment on the pleadings. Plaintiff asks the court to grant the motion and enter judgment against defendant, in the amount of ...
2024.04.30 Motion to Compel Compliance with Deposition Subpoena 020
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.04.30
Excerpt: ...e moving pap ers was effectuated on Redapple Digital Health, Inc. in compliance with California Rules of Court, rule 3.1346. Failure to comply with the statutory notice requirements deprives the court of jurisdiction to do anything but deny the requested relief. (See L ee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509- 510.) Second, this Motion fails on its merits. Plaintiff has failed to make any showing of good cause in support of her Motio...
2024.04.26 Motion for Final Approval of Class Action Settlement 583
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.04.26
Excerpt: ...tion costs and litigation costs is GRANTED. (Cal. Rules of Court, rule 3.769 et seq. and Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1802.) Order and Judgment signed and filed this date. This action commenced May 10, 2022, as a wage and hour, PAGA action. Defend ant answered on July 13, 2022. A first amended complaint was filed July 13, 2022. The parties reached a settlement agreement after arms -length negotiations facilitated by a med...
2024.04.25 Motion to Compel Compliance with Subpoena 665
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.04.25
Excerpt: ...nwich Insur ance Company's (“Greenwich”) request for judicial notice is GRANTED in its entirety. Defendant Greenwich's request for an order compelling third- party Marina Reingold's compliance with the subject document subpoena dated October 3, 2024, is GRANTED; and M arina Reingold is ORDERED to serve Greenwich's counsel, by no later than June 20, 2024, with all non- privileged documents responsive to request for production no. 1 (with subpa...
2024.04.25 Motion for Relief from Issue Sanctions 547
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.04.25
Excerpt: ...;s mistake, inadve rtence, surprise, or neglect” as those terms are used under the mandatory provision of §473(b). Finally, to the extent that defendants seek to have this court exercise its discretion under the permissive provision of §473(b) or its inherent authority, the court finds such relief is not warranted under the circumstances. Complaint filed on 9/23/20. First amended complaint filed on 10/14/20. It asserts causes of action for...

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