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2024.02.15 Motion to Compel Responses 685
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.15
Excerpt: ...(“Einalhori”), and Harvest Trading Co., Inc., alleging causes of action for (1) Breach of Contract; (2) Fraud; and (3) Common Counts. This action arises out of an alleged oral agreement by Plaintiff to lend Einalhori and his Company, Harvest Trading Co. $802,495.47 in return for repayment of the full amount plus profits of the company split 50/50 between Einalhori and Plaintiff. Einalhori allegedly did not pay back $152,010.97 of the loan and...
2024.02.14 Motion for Summary Adjudication 189
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.14
Excerpt: ...ia America, Inc. (“Kia”). Plaintiff filed a First Amended Complaint (FAC) on May 5, 2022, for (1) Violation of Song -Beverly Act, Breach of Express Warranty; (2) Violation of the Song - Beverly Act, Breach of Implied Warranty; (3) Fraudulent Inducement – Concealment; and (4) Fraudulent Inducement – Misrepresentation. Plaintiff purchased a new 2017 Kia Sportage from Allstar Kia on September 17, 2016. Plaintiff alleges the vehicle was defec...
2024.02.14 OSC Re Contempt 797
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.14
Excerpt: ... from a wrongful termination from employment at a law firm. In January 2017, John Pierce (“Pierce”) and David Sergenian (“Sergenian”) co-founded the law firm of Pierce Sergenian LLP (“PS LLP”). Darin Beffa (“Beffa”) was a partner at PS LLP until his alleged wrongful termination. In November 2017, Sergenian resigned from PS LLP. The law firm of Pierce Bainbridge Beck Price & Hecht LLP (“Pierce Bainbridge”) succeeded PS LLP. On ...
2024.02.14 Motion to Confirm Arbitration Award 356
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.14
Excerpt: ...AL AND PROCEDURAL BACKGROUND On June 4, 2021, Plaintiffs, Patricia Hall Carlton and Richard Hall, Children and Successors in Interest of Mildred Hall, filed a First Amended Complaint against Defendants, Front Porch Communities and Services (“Front Porch”), Randy Herzig, Nadine Roisman, Pamela Lowe, and Lisa Stephens LVN, arising from the retaliatory eviction of Mildred Hall from Front Porch's facilities. On September 22, 2021, the court grant...
2024.02.14 Motion to Set Aside Default 730
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.14
Excerpt: ...Guaranty. As alleged, Defendant entered into a written industrial/commercial multi-tenant lease as a guarantor for property at 522 Gladys Ave., Los Angeles, CA, 90013 and thereafter failed to pay the required monthly rent. On August 31, 2021, Defendant was personally served with the summons and complaint. On January 7, 2022, default was entered against Defendant. On February 1, 2022, Defendant filed an Answer to the Complaint. The Answer was not ...
2024.02.09 Demurrer 084
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.09
Excerpt: ...e retained Defendants, Joshua Driskell, Primuth Driskell & Terzian LLP, and Lagerlof LLP, in November 2018 to represent Plaintiff in the underlying probate action filed as 18STPB11264 in the County of Los Angeles. On August 3, 2022, Plaintiff filed a Complaint in pro per against Defendants. Thereafter, Plaintiff filed the First Amended Complaint on November 4, 2022, and the Second Amended Complaint (SAC) on December 8, 2022. The SAC alleged cause...
2024.02.08 Motion to Compel Arbitration 838
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.08
Excerpt: ...ion action. On October 11, 2023, Plaintiff, Ingrid Rodriguez, filed a Complaint against her former employer, Defendants, Medix Staffing Solutions, Inc., and Medix Staffing Solutions, LLC, and its client, PATH[1], alleging claims for: 1. Harassment in Violation of Government Code § 12940(j) 2. Wrongful Termination in Violation of Public Policy 3. Discrimination in Violation of Government Code § 12940(a) 4. Retaliation for Harassment and/or Discr...
2024.02.08 Motion to Compel Arbitration 011
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.08
Excerpt: ... her former employer, Defendant, MorBro Logistics, for: (1) Disability Discrimination in Violation of Cal. Gov. Code § 12940 (a); (2) Disability Discrimination in Violation of Cal. Gov. Code § 12940 (m) – Failure to Provide Reasonable Accommodation; (3) Disability Discrimination in Violation of Cal. Gov. Code § 12940 (n) – Failure to Engage in the Interactive Process; (4) Retaliation in Violation of Cal. Gov. Code § 12940 (h); (5) Failure...
2024.02.08 Motion for Reconsideration of Motion to Compel Deposition 100
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.08
Excerpt: ...SUBPOENA FOR GOLDBERG PLAINTIFF'S MOTION TO COMPEL THE ATTENDANCE AT DEPOSITION OF DEFENDANT KURT BIER PLAINTIFF'S MOTION TO COMPEL FURTHER DEPOSITION OF DEFENDANT KENNETH SKIPPER-DOTA DEFENDANTS SKIPPER-DOTTA'S AND BIER'S EX PARTE APPLICATION TO CONTINUE TRIAL AND SET HEARING DATE FOR SUMMARY JUDGMENT I. INTRODUCTION On December 9, 2019, Plaintiff, LGT, a minor, by and through her guardian ad litem, Ernest Calhoon, initiated this legal malpracti...
2024.02.07 Motions for Publication for Service Via Secretary of State 575
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.07
Excerpt: ...lleged misrepresentations made by Defendant, Johnny Hickey, which led to the transfer and theft of $30,000 from Plaintiff. To date, Plaintiff has been unable to serve Defendant. On January 3, 2024, Plaintiff Josue Valdez filed this Motion for an Order Allowing Service of Summons and Complaint Upon Defendant Johnny Hickey by Publication. The motion is unopposed. II. LEGAL STANDARD Where a defendant cannot with reasonable diligence be served in any...
2024.02.07 Motion to Tax Costs 542
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.07
Excerpt: ...o Tax Costs is granted in part. Moving party to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On December 7, 2023, Plaintiffs Patricia Beecham, personal rep. of The Estate of Praxedes E. Running, and Patricia Beecham and Leia Bowers, co-trustees of the Praxedes E. Running Trust filed a memorandum of costs in the amount of $135,23...
2024.02.06 Motion to Continue Trial 062
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.06
Excerpt: ... against Defendant, Maziar Yarahmadi, alleging that portions of Defendant's property encroach on the Plaintiffs' property. On December 8, 2022, Plaintiffs filed the operative First Amended Complaint (FAC). On January 31, 2023, Defendant filed an Answer to the FAC. Defendant now moves for an order continuing the trial date for at least 180 days and to set all trial-related deadlines to the new trial date. Plaintiffs filed an opposition. Defendant ...
2024.02.06 Motion to Compel Arbitration Fees, for Sanctions 773
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.06
Excerpt: ...RTY: Defendant CarMax Auto Superstores, Inc. I. INTRODUCTION On April 20, 2023, Plaintiff, Giselle Maciel, filed a consumer arbitration demand against Defendant CarMax Auto Superstores, Inc. (“CarMax”) with JAMS. On July 26, 2023, JAMS issued to CarMax an invoice for payment of arbitration fees. Payment was requested by August 26, 2023. Plaintiff inquired whether CarMax had timely paid the invoice. On September 27, 2023, JAMS confirmed they h...
2024.02.06 Motion for Attorney Fees 537
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.06
Excerpt: ...Ford Fontana, for violations of the Song-Beverly Consumer Warranty Act, Civil Code § 1790, et seq. Ford filed an Answer to the Complaint on August 8, 2023.¿ On November 1, 2023, Ford served an Offer to Compromise and Acceptance Under Code of Civil Procedure section 998.¿ Plaintiff accepted the 998 Offer on December 4, 2023. On January 9, 2024, Plaintiff filed this Motion for Attorney's Fees and Costs and concurrently filed a Memorandum of Cost...
2024.02.05 Motion to Quash or Modify Deposition Subpoena for Production of Employment Records 151
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.05
Excerpt: ...ion and wrongful termination action. On May 5, 2023, Plaintiff, Lisa Pettinelli, filed a Complaint against Defendant, Regents of the University of California (erroneously sued as UCLA Health; UCLA Medical Center, Santa Monica; UCLA Stana Monica Medical Center; University of California). On July 25, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) Retaliation in Violation of Labor Code, § ...
2024.02.05 Motion for Leave to File FAC 685
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.05
Excerpt: ...inalhori (“Einalhori”), and Harvest Trading Co., Inc., alleging causes of action for (1) Breach of Contract; (2) Fraud; and (3) Common Counts. This action arises out of an alleged oral agreement by Plaintiff to lend Einalhori and his Company, Harvest Trading Co. $802,495.47 in return for repayment of the full amount plus profits of the company split 50/50 between Einalhori and Plaintiff. Einalhori allegedly did not pay back $152,010.97 of the...
2024.02.01 Motion to Compel Compliance with Subpoena Duces Tecum 065
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.01
Excerpt: ...rofit. On September 14, 2022, Plaintiff, Cultivare Group LLC, filed a Complaint against Defendants, 640 South Lake Owner's Association (“South Lake”), Don Neill, Sonia Nayak, and Michael Finnegan, alleging that the Defendants breached their fiduciary duty and the CC&Rs by failing to timely process Plaintiff's application to undertake renovations of the unit and for failing to approve the installation of certain flooring in the unit. Eventuall...
2024.02.01 Motion for Stay of Proceedings 244
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.01
Excerpt: ...and Maclean Chung Law Firm, to obtain a determination from the probate court in the underlying action that certain amendments to the Robert L. Townsend Irrevocable Life Insurance Trust were invalid. However, Defendants failed to timely file a petition to determine the validity of the amendments. As a result, the probate court granted summary judgment to the party opposing plaintiff's challenge to the validity of the trust amendments. On February ...
2024.02.01 Demurrer with Motion to Strike 374
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.01
Excerpt: ...intiff, Khatchatur Berberian, filed a Complaint against Defendants, Walt Disney Pictures, The Walt Disney Company, Disney Worldwide Services, Inc., Chester Carr (“Carr”), Sara Fredericks, (“Fredericks”), and Scott Mohler (“Mohler”). On November 7, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for: 1. Discrimination in Violation of the FEHA 2. Hostile Work Environment Harassment in V...
2024.01.31 Motion to Compel Further Responses 596
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.31
Excerpt: ...illermo Rodriguez, filed this action against Defendant, Kristie Smith, in her capacity as an individual, as successor trustee of the Lou Cutell Trust, and as sole successor in interest to the Estate of Lou Cutell. Plaintiff alleges that Defendant unduly influenced decedent Lou Cutell to remove Plaintiff from receiving his inheritance under decedent's trust. Plaintiff is currently self-represented.[1] On December 6, 2023, Defendant filed a motion ...
2024.01.30 Motion to Compel Arbitration and Stay Action Pending Arbitration Outcome 052
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.30
Excerpt: ...t pursuant to Private Attorneys General Act (PAGA). On April 7, 2020, Plaintiff, Diana Gonzalez, filed a Complaint against Defendants, V.F. Corporation which conducts business in California as Pennsylvania V.F. Corporation (“V.F. Corporation”); and Volt Information Sciences, Inc. (“Volt”), for: (1) Minimum Wage Violations (Labor Code §§1182.12, 1194, 1194.2 and 1197); (2) Failure to Pay All Overtime Wage (Labor Code §§ 204, 510, 558, ...
2024.01.30 Demurrer 038
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.30
Excerpt: ...unga, CA 91042 (the “Samoa Property”). On November 9, 2023, Plaintiff, Celeste M. Mulrooney, filed the operative First Amended Complaint (FAC) against Defendant Susan Florence Scalzo for (1) Partition, (2) Breach of Contract, (3) Fraud, (4) Common Counts, and (5) Declaratory Relief. The FAC is verified. The FAC alleges as follows: Plaintiff and Defendant are sisters. In July 2011, the parties entered into an oral agreement to jointly purchase...
2024.01.26 Motion to Compel Deposition 459
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.26
Excerpt: ...eters ("Peeters") and Money Tax Group, Inc., alleging causes of action for (1) Violation of the Tax Preparation Act (Bus. & Prof. Code SS 22250 et seq.), (2) Fraud, (3) Violation of Penal Code S 496, and (4) Unfair Competition. On December 30, 2022, Plaintiff served Peeters with a Notice of Deposition for January 19, 2023. The Notice did not include a request for documents. Peeters timely served a written objection to the deposition on the ground...
2024.01.26 Motion for Judgment on the Pleadings 065
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.26
Excerpt: ...efendant, MFS Supply, LLC, for (1) breach of written contract, (2) breach of oral contract, (3) account stated, and (4) quantum meruit. As alleged, Plaintiff's business includes importing, freight forwarding and logistical services. Pursuant to a written and oral contract, Plaintiff provided such services to Defendant. The bill amounted to $80,290.70. Defendant did not pay the bill. On April 24, 2023, Plaintiff served Defendant with discovery req...
2024.01.25 Demurrer, Motion to Strike 665
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.25
Excerpt: ...ars old and has been receiving medical care from Cedars-Sinai Medical Center (“Cedars Sinai”) from July 2021 to present. On June 16, 2022, Plaintiff was admitted to Cedars Sinai for in-patient neck surgery. She was transported on the Cedars Sinai campus from a personal vehicle to her patient room while seated in her personal transport chair. The chair did not have footrests. Plaintiff underwent neck surgery. On June 21, 2022, Plaintiff was di...
2024.01.24 Demurrer, Motion to Strike 973
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.24
Excerpt: ...edical treatment. On June 16, 2023, Plaintiff, Elena Jahnke, filed a Complaint against Defendants, Blue Cross of California dba Anthem Blue Cross (“Anthem”) and Preferred IPA of California (“Preferred IPA”), asserting causes of action for (1) Breach of the Implied Covenant of Good Faith and Fair Dealing, (2) Breach of Contract, (3) Violations of Business & Professions Code section 17200, and (4) Negligence. The First, Second, and Third Ca...
2024.01.23 Motions to Compel Responses, to Deem RFAs Admitted 358
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.23
Excerpt: ...ts, Quik Tow LLC (“Quik Tow”) and Ignacio Gonzalez, for wage and hour violations. On July 19, 2023, Plaintiff served Quik Tow with Form Interrogatories—General, Set One, Special Interrogatories, Set Two, and Request for Admissions Set, Two. To date, Quik Tow has not served responses. On September 28 and September 29, 2023, Plaintiff filed these motions to compel Quik Tow's responses to the Form Interrogatories—General, Set One, and Specia...
2024.01.23 Motion for Summary Judgment, Adjudication 760
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.23
Excerpt: ...cessive force and infringements of federal rights. In response to the murder of George Floyd, protestors gathered near the intersection of Beverly Blvd. and The Grove Drive/Stanley Drive (the “Stanley Protest”), among other locations. On May 30, 2020, Plaintiff, Jonathan Rivera, participated in the Stanley Protest. Los Angeles Police Department (“LAPD”) and Los Angeles County Sheriff's Department (“LACSD”) deployed law enforcement to ...
2024.01.23 Demurrer 816
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.23
Excerpt: ...alleges that between August 22, 2013 to February 6, 2020, she personally loaned the total sum of $65,945.00 to Defendants, Jennifer O. Oh and Younhee Cho, so that Defendants could purchase a house. In return, Defendants promised to repay Plaintiff with interest by October 30, 2020 without any intention to repay the loan. Defendants have not repaid the loan. On November 22, 2022, Plaintiff filed a Complaint in pro per against Defendants for (1) Fi...
2024.01.22 Demurrer 613
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.22
Excerpt: ...d this action against Defendant Los Angeles Unified School District (“LAUSD”) for actions for (1) Negligence and (2) Negligent Failure to Warn, Train, or Educate. In relevant part, the Complaint alleges that Plaintiff was sexually abused by Vance Miller (“Miller”) from 1998 to 2002 while he was a student at Hamilton Music Academy. Miller was an employee of the Los Angeles Unified School District (“LAUSD”). The Complaint further allege...
2024.01.18 Motion to Quash Subpoena 298
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.18
Excerpt: ...mination and wrongful termination action. On September 26, 2023, Plaintiff, Emmanuel Akuamoah, filed a Complaint against Defendant, Kaiser Foundation Hospitals, alleging causes of action for (1) Retaliation in Violation of CFRA, (2) Violation of Labor Code §§ 233, 234, 246.5, (3) Disability and Associational Disability Discrimination (FEHA), (4) Violation of Labor Code §§ 1102.5-1105, (5) Retaliation (FEHA), (6) Wrongful Termination in Violat...
2024.01.17 Motion for New Trial 070
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.17
Excerpt: ... Angeles Unified School District (“LAUSD”) for injuries arising from a slip and fall while walking through the main hallway on Defendant's premises. Plaintiff alleges the floor of the hallway was in a dangerous condition, and Defendant had actual or constructive notice of the dangerous condition. On August 30, 2022, LAUSD filed this motion for summary judgment, or in the alternative, summary adjudication. Oral argument was heard on September ...
2024.01.12 Motion for Summary Adjudication 189
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.12
Excerpt: ...ndant Kia America, Inc. (“Kia”). Plaintiff filed a First Amended Complaint (FAC) on May 5, 2022, for (1) Violation of Song-Beverly Act, Breach of Express Warranty; (2) Violation of the Song- Beverly Act, Breach of Implied Warranty; (3) Fraudulent Inducement – Concealment; and (4) Fraudulent Inducement – Misrepresentation. Plaintiff purchased a new 2017 Kia Sportage from Allstar Kia on September 17, 2016. Plaintiff alleges the vehicle was ...
2024.01.10 Motion for Protective Order 730
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.10
Excerpt: ...CTION This is a breach of contract case concerning real property. On September 28, 2021, Plaintiff, The Redeemed Christian Church of God-Jesus Embassy Los Angeles, filed a complaint against Defendants, Swift Petrochemicals, Inc. (“Swift”) and Mutiu Olatunji Durosinmi-Etti (“Etti”). On October 9, 2023, Plaintiff filed the operative Third Amended Complaint (TAC) alleging causes of action for: 1) Breach of Contract, 2) Promissory Estoppel, 3...
2024.01.10 Demurrer 715
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.10
Excerpt: ...dia + Entertainment, Inc., filed a Complaint against Defendant, Orange County Flight Center, Inc., for (1) Breach of Part Written/Part Oral Contract, (2) Quantum Meruit, and (3) Open Book Account. Plaintiff alleges Defendant asked Plaintiff to run radio advertisements. They agreed upon advertising schedules (orally and/or in writing) and a Media plan. Plaintiff issued an Order Confirmation.[1] Pursuant to the terms of the Agreement, Plaintiff was...
2024.01.09 Motion to Compel Arbitration 728
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.09
Excerpt: ...n 2020, Plaintiff, Jane Doe, was hired as a security guard with universal Protection Service, LP dba Allied universal Security Services ("Allied"). In 2021, she was hired by Scott Beveridge, the Emergency Operations Director of HRL Laboratories, LLC, ("HRL") for a guard position at HRL. HRL and Allied are joint employers. On April 7, 2023, Plaintiff, lane Doe, filed a complaint against Defendants, Allied, HRL, and Beveridge, for. (1) Sexual Haras...
2024.01.09 Motion for Reconsideration 613
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.09
Excerpt: ...this action against the City of Los Angeles (sued as the “Los Angeles Police Department”). On January 5, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”). The FAC alleges the following causes of action: (1) Willful Perjuries, the Serious Violation of the Federal Laws; (2) Violation of the United States Constitution; (3) Theft and Robbery of Plaintiff's Property; and (4) Elder Abuse.¿ The FAC also adds Kenneth Bryant (�...
2024.01.09 Demurrer 752
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.09
Excerpt: ...took place during her employment with MDRN Staffing Inc. (“MDRN”). On May 31, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”) against Defendants, MDRN and David Mota, for the following causes of action: (1) Disability Discrimination in Violation of the California Family Rights Act (2) Failure to Provide Reasonable Accommodations in Violation of FEHA (3) Failure to Engage in a Good Faith Interactive Process in Violation...
2024.01.08 Demurrer, Motion to Strike 821
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.08
Excerpt: ...nst Defendant, L.A. Downtown Medical Center LLC (erroneously sued and served as L.A. Downton Medical Center), for injuries arising from a slip and fall on Defendant's premises at 1711 W. Temple St., Los Angeles, California 90026. Plaintiff alleges that he was lawfully on Defendant's premises as a patient when he slipped on a substance on the floor. The original Complaint alleged causes of action for medical negligence, negligence, and premises li...
2024.01.08 Motion for Summary Judgment 100
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.08
Excerpt: ...�)[2], filed a Complaint against Defendants, Arthur L. Goldberg (“Goldberg”), Kurt E. Bier, Kenneth Skipper-Dotta, and Working People's Law Center (“WPLC”), arising from Goldberg's court-ordered appointment as Plaintiff's counsel during custody proceedings between Plaintiff's parents, Denise Thomas (“Denise”) and Gary Thomas (“Gary”). On June 10, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging cau...
2024.01.05 Motion for Terminating Sanctions, to Continue Trial 358
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.05
Excerpt: ...”) and Ignacio Gonzalez, for wage and hour violations. On November 14, 2022, Plaintiff served Quik Tow with the first set of discovery, including Request for Production of Documents. Quik Tow did not serve responses. After meeting and conferring with defense counsel about the overdue responses, Plaintiff filed motions to compel on February 21, 2023. The motions were heard and granted on June 22, 2023. In particular, Quik Tow was ordered to serv...
2024.01.05 Motion for Leave to File FAC 823
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.05
Excerpt: ...elpit, and Charles S. Clark, for wrongful eviction. The Complaint was partially handwritten and included exhibits that were not clearly referenced in the allegations. Plaintiff was self-represented at the time of the filing of the Complaint. On September 5, 2023, Plaintiff filed this motion for leave to file the proposed First Amended Complaint (FAC). The motion was heard on November 28, 2023. Defendant B. Ruth Allen correctly pointed out that th...
2024.01.04 Motion for Attorney Fees 555
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.04
Excerpt: ...de § 1790, et seq. Defendant filed an Answer to the Complaint on February 16, 2022. On May 19, 2023, Defendant served, and Plaintiff accepted, an Offer to Compromise and Acceptance Under Code of Civil Procedure section 998. Plaintiff filed a Notice of Settlement on May 22, 2023. On December 7, 2023, Plaintiff filed this Motion for Attorney's Fees. Defendant filed an opposition. Plaintiff replied. II. DISCUSSION Evidentiary Objections Defendant o...
2024.01.04 Demurrer 531
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.04
Excerpt: ...fendant, California Physicians' Service d/b/a Blue Shield of California, alleging that Defendant intentionally cancelled Plaintiff's health insurance policy. As a result, Plaintiff suffered emotional and physical distress, as well as monetary damages. The operative First Amended Complaint (“FAC”) was filed on July 13, 2023. Plaintiff is self-represented. On September 8, 2023, Defendant filed this Demurrer and Motion to Strike portions of the ...
2024.01.03 Demurrer 229
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.03
Excerpt: ...dants, First American Title Insurance Co. (“First American”) and Urbana Bonnie Footte (“Footte”), for taking a loan out on the residence at 1250 King Lake Dr., Diamond Bar, California 91765 (the “Subject Property”) without Plaintiff's consent. On July 25, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) Negligence and (2) Intentional Tort. The FAC adds JP Morgan Chase Bank (“...
2024.01.02 Motion to Compel Responses, to Deem RFAs Admitted 389
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.02
Excerpt: ...Villa, et al. RESPONDING PARTY: Defendant Los Angeles Dodgers, LLC I. INTRODUCTION On August 23, 2023, Plaintiffs, Adam Luna Villa, Monica Jasmine Villa, and Jasmin Estrella Villa, by and through her Guardian Ad Litem, Adam Luna Villa, filed these motions to compel Defendant, Los Angeles Dodgers LLC, to provide responses to Plaintiffs' Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Sets O...
2024.01.02 Motion to Compel Deposition 459
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.02
Excerpt: ...ers ("Peeters") and Money Tax Group, Inc., alleging causes of action for (1) Violation of the Tax Preparation Act (Bus. & Prof. Code SS 22250 et seq.), (2) Fraud, (3) Violation of Penal Code S 496, and (4) Unfair Competition. On December 30, 2022, Plaintiff served Peeters with a Notice of Deposition for January 19, 2023. The Notice did not include a request for documents. Peeters timely served a written objection to the deposition on the grounds ...
2023.12.22 Motion to Compel Further Responses 358
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.22
Excerpt: ... Ignacio Gonzalez, for wage and hour violations. On November 14, 2022, Plaintiff served Quik Tow with Form Interrogatories— Employment Law, Set One. On June 13, 2023, Quik Tow served responses. Plaintiff took issue with the responses and sent a meet and confer letter. Defendant provided Plaintiff with extensions to file a motion to compel further in exchange for an extension to respond to the meet and confer letter. On October 26, 2023, after s...
2023.12.22 Motion to Compel Deposition 257
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.22
Excerpt: ...nd wrongful termination action against Defendant, Cedars-Sinai Medical Center. On December 5, 2022, Defendant served Plaintiff with a Notce of Deposition which also included requests for production of documents. Plaintiff timely served a written objection to the deposition stating that Plaintiff would not appear on the grounds the deposition date "was unilaterally selected and is inconvenient to Plaintiff's counsel." The objection was not interpo...
2023.12.22 Demurrer 229
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.22
Excerpt: ...nt, against Defendants, First American Title Insurance Co. (“First American”) and Urbana Bonnie Footte (“Footte”), for taking a loan out on the residence at 1250 King Lake Dr., Diamond Bar, California 91765 (the “Subject Property”) without Plaintiff's consent. On July 25, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) Negligence and (2) Intentional Tort. The FAC adds JP Morga...
2023.12.21 Demurrer, Motion to Strike 115
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.21
Excerpt: ...ught by prospective tenants of various rental properties regarding alleged violations of the Investigative Consumer Reporting Agencies Act (ICRAA). On February 14, 2023, Plaintiffs[2], Or Vardi (“Vardi”), Joseph Schuetz (“Schuetz”), Chaninthon Thammasan (“Thammasan”), and Stephanie Steiner (“Steiner”), filed a Complaint, against Defendants, Equity Residential Management, LLC (“ERM”) and TransUnion Rental Screening Solutions, I...
2023.12.21 Motion to Compel Responses, to Deem RFAs Admitted 389
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.21
Excerpt: ...una Villa, et al. RESPONDING PARTY: Defendant Los Angeles Dodgers, LLC I. INTRODUCTION On August 23, 2023, Plaintiffs, Adam Luna Villa, Monica Jasmine Villa, and Jasmin Estrella Villa, by and through her Guardian Ad Litem, Adam Luna Villa, filed these motions to compel Defendant, Los Angeles Dodgers LLC, to provide responses to Plaintiffs' Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Se...
2023.12.21 Motion to Compel Arbitration, for Leave to File Amended Complaint 295
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.21
Excerpt: ...��Pham”) and Hollywood Investments, LLC filed a Complaint against Defendants, Jackson Leroy Underwood (“Underwood”), Gay Hilliard (“Hilliard”), Essa Rassool, Joe Boudre (“Boudre”), Keller Williams Realty Santa Barbara (“Keller Williams”), Mohammad Asraf Azdoi, and Elite REO Brokers, alleging five causes of action for: (1) breach of contract; (2) fraudulent concealment; (3) negligence; (4) negligent misrepresentation; and (5) dec...
2023.12.20 Demurrer, Motion to Strike 832
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.20
Excerpt: ...ng that she purchased a defective 2017 Chevrolet Tahoe (the “Vehicle”) which Defendant's failed to conform to the Vehicle's express warranties. On July 20, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”) asserting causes of action for: 1. Breach of Implied Warranty of Merchantability under the Song-Beverly Act 2. Breach of Express Warranty under the Song-Beverly Act 3. Breach of Express Warranty under California Commer...
2023.12.19 Motion to Strike Punitive Damages 034
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.19
Excerpt: ...this action against Defendants, Shahco, Inc. (“Shahco”) and Shahram Saba (“Saba”), alleging causes of action for (1) Public Nuisance, (2) Public Nuisance Per Se, (3) Abatement of Public Nuisance, (4) Private Nuisance, (5) Private Nuisance Per Se, and (6) Negligence. The Complaint alleges as follows: Plaintiffs are the owners and residents of real property at 1545 Cambria Street, Los Angeles, California 90017. Shahco, a corporation, is the...
2023.12.19 Motion for Summary Judgment, Adjudication 163
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.19
Excerpt: ...021, Plaintiff, Veronica Yameleth Bonilla, filed a Complaint against Defendant, Numero Uno Acquisitions, LLC, alleging causes of action for: (1) Retaliation in Violation of the California Family Rights Act (CFRA) (2) Discrimination in Violation of the CFRA (3) Disability Discrimination in Violation of the Fair Employment and Housing Act (FEHA) (4) Failure to Engage in a Good Faith Interactive Process in Violation of the FEHA (5) Failure to Provid...
2023.12.15 Motion to Expunge Lis Pendens 229
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.15
Excerpt: ...ants, First American Title Insurance Co. and Urbana Bonnie Footte, for taking a loan out on the residence at 1250 King Lake Dr., Diamond Bar, California 91765 (the “Subject Property”) without Plaintiff's consent. On July 25, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) Negligence and (2) Intentional Tort. The FAC adds JP Morgan Chase Bank (“Chase”) as a defendant. On October 13...
2023.12.15 Motion to Compel Further Responses 358
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.15
Excerpt: ... Ignacio Gonzalez, for wage and hour violations. ¿ On November 14, 2022, Plaintiff served Quik Tow with Special Interrogatories, Set One. ¿On June 13, 2023, Quik Tow served responses. Plaintiff took issue with the responses and sent a meet and confer letter. Defendant provided Plaintiff with extensions to file a motion to compel further in exchange for an extension to respond to the meet and confer letter. On October 26, 2023, after several ext...
2023.12.15 Motion for Reconsideration 414
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.15
Excerpt: ...fendants, Ronald S. MacDonald (“MacDonald”) and Monica K. Kramer (“Kramer”), asserting a cause of action for motor vehicle negligence. Kramer was dismissed from this action on May 11, 2021. On February 24, 2023, Plaintiff filed a motion for leave to file a First Amended Complaint (“FAC”) to add new defendants and causes of action. On October 2, 2023, after taking the matter under submission, the Court denied the motion for leave to am...
2023.12.15 Demurrer, Motion to Strike 603
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.15
Excerpt: ...ages. On March 2, 2023, Plaintiff, Arami Cheyenne Walker, 1 filed a Complaint against Defendant, The Regents of the University of California (erroneously sued as Board of Regents, University of California), alleging causes of action for: (1) Appropriation (Civil Code section 3344); (2) Breach of Contract; and (3) Negligent Infliction of Emotional Distress.¿¿Plaintiff alleges that, on May 28, 2015, she was approached by a photographer at Univers...
2023.12.14 Motions to Compel Responses, for Attorney Fees 340
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.14
Excerpt: ...iff, John Cadusale, filed these motions to compel Defendants, Alameda Restaurant LLC, Noypitz Bar & Grill LLC, Lauro Calonzo, and Wokcano Cerritos, LLC, to provide responses to Plaintiff's Request for Production of Documents, Set One. Plaintiff seeks sanctions against Defendants. Defendants filed Oppositions.[1] Plaintiff filed Replies. II. LEGAL STANDARD TO COMPEL DISCOVERY RESPONSES If a party to whom inspection demands were directed fails to s...
2023.12.14 Motion to Compel Deposition 100
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.14
Excerpt: ...legal malpractice action against Defendants, Arthur Goldberg, Kurt E. Bier, Kenneth Skipper- Dotta, an Working People's Law Center. On September 21, 2023, Plaintiff served Defendant Goldberg with a Notice of Deposition which also included requests for production of documents. The deposition was noticed for October 6, 2023. Defendant Goldberg agreed to appear. On September 27, 2023, defense counsel notified Plaintiff that Defendant Goldberg had be...
2023.12.14 Motion for Summary Judgment 597
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.14
Excerpt: ...ruary 26, 2021, Plaintiff, Dawn Marie Fisher, initiated this action against Defendants, Adam F. Goldberg Productions, Inc.[1], Sony Pictures Entertainment, Inc (“SP Entertainment”), and Does 1-25, for injuries and damages arising from a trip and fall on the property of SP Entertainment. Plaintiff later amended the Complaint to name Sony Pictures Television, Inc. (“SP Television”) as Doe 1, Lot, Inc. as Doe 2, and Sony Pictures Studios, In...
2023.12.13 Motion for Reconsideration 340
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.13
Excerpt: .... On July 28, 2022, Plaintiff filed the first amended complaint (FAC) against Defendants Alameda Restaurant LLC, Noypitz Bar & Grill LLC, Lauro Calonzo, and Wokcano Cerritos, LLC, alleging seven causes of action for: (1) failure to provide meal breaks; (2) failure to provide rest breaks; (3) failure to pay wages; (4) failure to pay overtime; (5) failure to provide accurate itemized wage statements; (6) violation of Business and Professions Code s...
2023.12.13 Demurrer 264
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.13
Excerpt: ...res screen reading software to read website content and access the content. Defendant, Johnny Was, LLC, owns and operates clothing store locations in California, including a store in Manhattan Beach, California. Defendant has a public website which provides access to Defendant's array of services, including a location locator, description of its products, and amenities, among other things. Plaintiff claims the website is maintained in such a way ...
2023.12.12 Motion to Quash Deposition Subpoena for Production of Business Records 713
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.12
Excerpt: ...rsement for the renovation of two properties on 49th Street and Roy Street in Highland Park, California. The parties are in the business of flipping houses. On June 5, 2022, Plaintiff, Kendall Key dba A Paper Street, filed a Complaint against Defendants, Robert Pereira and Vista Park Properties, LLC. On September 13, 2023, Plaintiff filed the First Amended Complaint (“FAC”) against Defendants alleging causes of action for (1) Breach of Contra...
2023.12.12 Motion for Leave to File FAC 784
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.12
Excerpt: ...oration, initiated this action against Defendants, Aquatherm, L.P., AENA NA, L.C., and Aquatherm GMBH, for (1) Breach of Express Warranty, (2) Strict Products Liability – Manufacturing Defect, and (3) Strict Products Liability – Design Defect. The Complaint alleges that Aquatherm Green Piping leaked. On August 25, 2023, Plaintiffs filed this motion for leave to file the First Amended Complaint. On December 5, 2023, Plaintiffs filed a Notice o...
2023.12.12 Application for Determination of Good Faith Settlement 627
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.12
Excerpt: ...020, Plaintiffs Romelia Leon de Garcia; Belisario Garcia; Jesus Alexander Garcia by and through his guardian ad litem Romelia Leon De Garcia, et al. filed a Complaint against Bruce A. Roden and Susan M. Roden, as individuals and trustees of the Living Trust of Bruce A. Roden and Susan M. Roden 1995 Dated July 20, 1995 (“Settling Defendants”), Gordon Cole, LLC, AQP Management, Inc., and Joel Estrada. On August 24, 2023, Gordon Cole, LLC, AQP M...
2023.12.06 Motion to Compel Deposition 257
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.06
Excerpt: ... wrongful termination action against Defendant, Cedars-Sinai Medical Center. On December 5, 2022, Defendant served Plaintiff with a Notce of Deposition which also included requests for production of documents. Plaintiff timely served a written objection to the deposition stating that Plaintiff would not appear on the grounds the deposition date "was unilaterally selected and is inconvenient to Plaintiff's counsel." The objection was not interpose...
2023.12.06 Motion for Reconsideration 106
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.06
Excerpt: ...en an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditonally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notce of entry of the order . . . [may] make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the applic...
2023.12.05 Motion for Trial Preference, to Compel Arbitration 236
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.05
Excerpt: ...lan, alleging seven causes of action for: (1) wrongful termination in violation of public policy; (2) disability discrimination: failure to accommodate in violation of Government Code section 12940(m); (3) disability discrimination: retaliation — failure to accommodate in violation of Government Code section (4) disability discrimination - failure to engage in interactive process — Government Code section 12940(n); (5) retaliation in molation...
2023.12.01 Motion for Protective Order 112
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.01
Excerpt: ...th America, Inc., Ajinomoto Frozen Foods, U.S.A, Inc., and Trader Joe's Company, alleging causes of action for (1) breach of written contract, (2) intentional interference with prospective economic advantage, (3) fraud, (4) negligent misrepresentation, (5) unfair competition, (6) breach of fiduciary duty, (7) aiding and abetting breach of fiduciary duty, (8) violation of California Uniform Trade Secrets Act, and (9) misappropriation of confidenti...
2023.12.01 Motion for Non-Statutory Judgment on the Pleadings 429
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.01
Excerpt: ...soz, reached out to Chris Furie (“Furie”), a real estate broker, for assistance in purchasing a property located at 943 N. Laurel Avenue in Los Angeles, California. Instead of assisting Plaintiff with the purchase of 943 N. Laurel Avenue, Furie proposed the purchase of 944 N. Laurel Avenue in Los Angeles, California (“Subject Property”). Furie represented that he and his company, 944 Laurel, LLC (“944 Laurel”), were in the process of ...
2023.11.30 Motion for Reconsideration 106
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.30
Excerpt: ...lication to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code Civ. Proc., § 1008(a).) A trial court has discretion with respect to granting a m...
2023.11.30 Motion for Contempt 531
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.30
Excerpt: ...at Defendant intentionally cancelled Plaintiff's health insurance policy. As a result, Plaintiff suffered emotional and physical distress, as well as monetary damages. The operative First Amended Complaint (“FAC”) was filed on July 13, 2023. Plaintiff is self-represented. On September 8, 2023, Defendant filed a Demurrer and Motion to Strike the FAC. Plaintiff filed Opposition documents on September 26 and September 28, 2023. Defendant filed a...
2023.11.29 Motion for Leave to File FAC 760
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.29
Excerpt: ...laim for excessive force. In response to the murder of George Floyd, protestors gathered along Beverly Blvd. near The Grove Drive shopping center. On May 30, 2023, Plaintiff, Jonathan Rivera, participated in the protest near the intersection of Beverly Blvd. and N. Fairfax Ave. (“Fairfax Protest”). Los Angeles Police Department (“LAPD”) and Los Angeles County Sheriff's Department (“LACSD”) deployed law enforcement to provide crowd con...
2023.11.29 Motion for Summary Judgment, Adjudication 305
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.29
Excerpt: ...the Fair Employment and Housing Act (“FEHA”). Plaintiff, Randi Winter, was employed at El Camino Community College District (“El Camino”) as a journeyman plumber from September 2002 to November 2018. Commencing in the Fall of 2010 through 2018, Plaintiff alleges that Thomas Brown (“Brown”), Director of the Facilities, Planning and Services Department at El Camino, and Robert Brobst (“Brobst”), the Assistant Director, discriminated...
2023.11.28 Motion for Leave to File FAC 823
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.28
Excerpt: ...F. Delpit, and Charles S. Clark, for wrongful eviction. The Complaint was partially handwritten and included exhibits that were not clearly referenced in the allegations. Plaintiff was self-represented at the time of the filing of the Complaint. On September 6, 2023, Plaintiff filed a Substitution of Attorney, indicating that Plaintiff is represented by counsel. Plaintiff now moves for an order granting leave to file the proposed First Amended Co...
2023.11.28 Motion for Terminating Sanctions 943
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.28
Excerpt: ...ach, California (the “Subject Property”). 910 Torrance Blvd., LLC (“910 Torrance”), owns a one-third (1/3) interest as a tenant in common of the Subject Property. London Towne Center, LLC (“LTC”) owns a two- thirds (2/3) interest in the Subject Property. Thomas Norris (“Norris”) is the sole member and manager of LTC. On March 12, 2021, Plaintiffs, 910 Torrance, Leslie H. Winner, and Lynda Winner, individually and as trustees of th...
2023.11.14 Motion for Approval of PAGA Settlement 280
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...2023, Plaintiff filed her Judicial Council Form CM-200, Notice of Settlement of Entire Case. On October 20, 2023, Plaintiff filed her Unopposed Motion for Approval of PAGA Settlement. In support of her Motion, Plaintiff concurrently filed: (1) Declaration of Lisa Mullins; (2) Declaration of Harout Messrelian; and (3) Proposed Order. No opposition or other response has been filed to the Motion. ANALYSIS: I. Legal Standard “This part shall be kno...
2023.11.14 Demurrer 094
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ... of Los Angeles.” On July 24, 2023, Defendant County of Los Angeles (County) filed a demurrer the Complaint. No opposition was filed. The demurrer was sustained with leave to amend. On October 4, 2023, Plaintiff filed a 108-page “Complaint Statement Amended.” On October 6, 2023, the County filed a demurrer. That demurrer is the matter before the Court, set for hearing on November 14, 2023. But on October 9, 2023, Plaintiff filed a 61-page �...
2023.11.14 Demurrer 295
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...fendant State National Insurance Company, Inc. and others. On March 30, 2023, Defendant filed a demurrer to the eighth cause of action. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. (Nolte v. Cedars-Sinai Medical Center (2015) 236 Cal.App.4th 1401...
2023.11.14 Demurrer to FACC, Motion to Strike 443
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...ined with 20 days leave to amend, in part, and overruled, in part. Jayi Chiang, et al.'s Motion to Strike Portions of First Amended Cross-complaint is moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiff's Complaint was filed on June 16, 2021. Plaintiff alleges the following facts. Plaintiff entered into a contract with Defendants. Defendants agreed to build Plaintiff a restaurant in exchange for Plaintiff paying ...
2023.11.14 Demurrer to FACC, Motion to Strike 443
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...ined with 20 days leave to amend, in part, and overruled, in part. Jayi Chiang, et al.'s Motion to Strike Portions of First Amended Cross-complaint is moot, in part, and granted with 20 days leave to amend, in part. Background Plaintiff's Complaint was filed on June 16, 2021. Plaintiff alleges the following facts. Plaintiff entered into a contract with Defendants. Defendants agreed to build Plaintiff a restaurant in exchange for Plaintiff paying ...
2023.11.14 Demurrer to SACC 127
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...ss transactions. On May 7, 2021, Jason Aryeh, 1568 Blue Jay Way LLC, 6097 West Winding Way LLC, and 5849 Murphy Way LLC (“the Aryeh Parties”) filed their Cross-Complaint (“the Aryeh Cross-Complaint”) against Oliver Damavandi, Bar Design and Construction, Inc., Asher Joseph Alfasi, Archive Design Group, LLC, and Zoran Pevec. On August 27, 2021, Oliver Damavandi amended his Complaint to substitute Doe 1 with Sarah Emmi Tibstra, Doe 4 with M...
2023.11.14 Demurrer to TAC, Motion to Strike 275
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...tom .... The page numbering must begin with the first page and use only Arabic numerals (e.g., 1, 2, 3)….” Plaintiff shall comply with the page numbering requirement or the pleading and briefs may be stricken by the Court on its own motion. A. Factual In her Third Amended Complaint (TAC), Plaintiff alleges seven causes of action involving her employment at and termination from Defendant's company. The causes of action are harassment, retaliat...
2023.11.14 Motion for Determination of Good Faith Settlement 121
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...ent was entered against J-M. Walsworth filed a Cross-Complaint against J-M, Outside GC, LLC (“Outside”), counsel Frank Fletcher (“Fletcher”) and others, alleging they are responsible for the unfavorable judgment in the underlying asbestos case. Outside has now filed a motion seeking an order from the Court for a determination that the settlement between Outside, Fletcher and J-M was entered into good faith pursuant to CCP § 877.6. (Fletc...
2023.11.14 Motion for Reconsideration 687
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...) and Saeed Bholat (“Bholat”) (jointly, “Defendants”). The Complaint asserts causes of action for (1) FEHA retaliation, (2) FEHA retaliation, (3) failure to prevent discrimination, (4) “prevention of employee's Weingarten rights – FEHA discrimination,” (5) “civil rights violation – use of video camera – FEHA discrimination,” (6) “failure to provide progressive discipline – FEHA discrimination,” (7) “failure to provid...
2023.11.14 Motion for Summary Judgment, Adjudication 324
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...note secured by a deed of trust on his real property located in Redlands, California. The promissory note provided Shetty would receive a principal sum of $125,000, on which he would pay interest at 12 percent per annum. However, Defendants allegedly only lent him the principal sum of $108,000, rather than the $125,000 indicated on the note itself. When a notice of default was recorded against the property, Shetty tendered the full and correct am...
2023.11.14 Motion to Compel Responses 835
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...uction (Set One) is DENIED. The request for sanctions is denied. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the Song Beverly Consumer Warranty Act. Plaintiff alleges that she purchased a certified pre-owned 2016 Land Rover Discovery from Hornburg Jaguar Land Rover in Santa Monica, California. The purchase came with the remaining time/mileage balances of Jaguar Land Rover's warranties along with addition...
2023.11.14 Motion to Compel Responses 835
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...uction (Set One) is DENIED. The request for sanctions is denied. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the Song Beverly Consumer Warranty Act. Plaintiff alleges that she purchased a certified pre-owned 2016 Land Rover Discovery from Hornburg Jaguar Land Rover in Santa Monica, California. The purchase came with the remaining time/mileage balances of Jaguar Land Rover's warranties along with addition...
2023.11.14 Motion to Compel Responses, for Sanctions 559
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...of over $400,000 in attorneys' fees, costs and interest owed by ELIOT CARMI (“Defendant”) for legal services undertaken on his behalf. Plaintiffs filed two motions to compel further discovery responses, both with monetary sanctions requests. The first motion is to compel further responses to form interrogatory number 15.1 regarding support for certain affirmative defenses. The second motion is to compel production of documents as agreed. Defe...
2023.11.14 Motion to Reopen Discovery 919
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...) for damages arising from a trip and fall over a hole on the sidewalk. On September 9, 2022, the City filed a cross-complaint against Compton Commercial Redevelopment Company (“CCRC”). On November 8, 2022, CCRC filed its Answer to the City's cross- complaint. On November 10, 2022, CCRC filed its cross-complaint against Roes 1 to 20, and later filed an amendment to cross-complaint naming the City as Roe 1 on January 17, 2023. The City filed i...
2023.11.14 Motion to Strike 615
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ... Complaint was filed on December 29, 2022. Plaintiff alleges the following facts. Plaintiff alleges that he was sexually assaulted when he was a minor at Saint Bernard High School. Meet and Confer Defendant filed a meet and confer declaration in sufficient compliance with CCP S 435.5. Lee W. Potts.) Motion to Strike The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or imp...
2023.11.08 Motion to Compel Compliance with Discovery Order 793
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.08
Excerpt: ...e “Vehicle”). On August 19, 2021, Plaintiff, Yuriria Cerezo Torres, filed a Complaint against Defendant, General Motors LLC, after Defendant failed to repair the Vehicle pursuant to written expressed warranty for the Vehicle and did not honor its obligations under the Song-Beverly Consumer Warranty Act. On May 18, 2023, the Court granted in part Plaintiff's motion to compel Defendant's further verified responses and documents to Request for P...
2023.11.08 Demurrer 816
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.08
Excerpt: ...alleges that between August 22, 2013 to February 6, 2020, she personally loaned the total sum of $65,945.00 to Defendants, Jennifer O. Oh and Younhee Cho, so that Defendants could purchase a house. In return, Defendants promised to repay Plaintiff with interest by October 30, 2020 without any intention to repay the loan. Defendants have not repaid the loan. Promissory notes, written in Korean and English, as well as personal checks issued by Defe...
2023.10.27 Motion for Leave to File FACC 145
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.27
Excerpt: ...s, United Realty & Management, Inc. (“URMI”) and 7-Eleven, Inc. (“7-Eleven”), arising from a trip and fall on uneven pavement in the parking area in front of Defendants' 7-Eleven store. On August 31, 2020, 7-Eleven filed a Cross-Complaint against URMI, Paul Paik, and Lae Oh Paik for indemnity, apportionment of fault, and declaratory relief. Paul Paik and Lae Oh Pail (collectively, the “Paiks”), are the owners of the shopping center wh...
2023.10.25 Motions to Compel Further Responses 703
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.25
Excerpt: ... for injuries arising from a motor vehicle collision. On September 29, 2023, Defendant filed these motions to compel Plaintiff's further responses to Special Interrogatories, Set Two, and Request for Production of Documents, Set Two. Defendant seeks sanctions against Plaintiff and his counsel. Plaintiff filed an opposition. Defendant replied. II. LEGAL STANDARD TO COMPEL FURTHER RESPONSES TO DISCOVERY Under Code of Civil Procedure sections 2030.3...
2023.10.25 Motion to Strike Punitive Damages 001
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.25
Excerpt: ...ette Lee, for injuries arising from an attack by Defendant's two dogs. Plaintiff alleges Defendant owned, kept, possessed, harbored, and controlled two violent canines with a history of attacks of other individuals in the neighborhood. Plaintiff seeks punitive damages. On September 21, 2023, Defendant filed this motion to strike punitive damages from the Complaint. Plaintiff filed an opposition and Defendant replied. II. LEGAL STANDARD FOR MOTION...
2023.10.25 Motion to Compel Deposition of PMQ 629
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.25
Excerpt: ...bility action against Defendants, City of Los Angeles, County of Los Angeles, and Los Angeles County Metropolitan Transportation Authority (“MTA”), arising from a trip and fall on an uneven sidewalk at or near an MTA bus stop. Plaintiff noticed MTA's person(s) most qualified deposition on three occasions. LACMTA objected to all three deposition notices. On October 3, 2023, Plaintiff filed this motion to compel the deposition of MTA's person m...

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