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2023.06.02 Motion to Compel Further Responses, for Discovery Referee 849
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.06.02
Excerpt: ...On September 9, 2019, Plaintiffs: Lilian Dela Cruz ("Lilian") and Romeo S. Dela Cruz: filed this action against Defendants, SP+ and SP Plus Corporation ("SP Plus'). Plaintiffs filed the operative First Amended Complaint on September 11 2019: which includes Rodolfo Echevarria ("Echevarria') as a named Defendant Plaintiffs allege that Echevarria was drivmg a shuttle bus as an employee of SP Plus with Lilian as a passenger. Echevaffia allegedly brak...
2023.06.02 Motion for Judgment on the Pleadings 611
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.06.02
Excerpt: ...kes: LLC (erroneously sued as Star Bike Rentals): Johnathan Singh ("Singh'): Isaih Caldwell: Jr. ("Caldwell'): and IYAire Jones ("Jones") for the shooting and killing of Plaintiffs mother: Ky Dupree ("Decedent'). Plaintiff asserts causes of action for (1) Negligence against all Defendants, and (2) Premises Liability against Beachfront Bikes only _ The Complaint alleges as follows. On December 1, 2020, Decedent was lawftlly a customer and invitee ...
2023.06.02 Application for Good Faith Settlement 428
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.06.02
Excerpt: ...ant Ana Cabrera Defendant/Cross-Complainant Global Ingistics Transportation 1. BACKGROUND On January 21, 2020, Plaintiff Lilly Baharestani filed thisaction against defendants Global Logistics Inc ("GIT'), ProCare: Inc., Bonis E. Johnson, and Dana Patra Cabrera ("Cabrera") for injuries arising from a multi-vehicle accident. Plaintiff filed the First Amended Complaint on January 22: 2020. GLT filed a cross-complaint against Cabrera on May 17: 2021 ...
2023.06.01 Motion to Continue Trial 678
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.06.01
Excerpt: ...geles County Metropolitan Transportation Authority: for injuries Plaintiff sustained as a passenger on a bus operated by Defendant Plaintiff filed the operative First Amended Complaint on November 29, 2018 _ On May 2: 2023: Defendant filed this motion to continue the trial date and all trial related dates. This is the fifth request for a trial continuance 11. The motion is unopposed. LEGAL STANDARD TO CONTINUE TRIAL California Rules of Court, rul...
2023.06.01 Motion to Compel Further Discovery Responses 774
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.06.01
Excerpt: ...ION) MOVING PARTY: RESPONDING PARTY: BACKGROUND Plaintiff Woztbeli Antonio Garcia No opposition On December 10, 2020, Plaintiff, Woztbeli Antonio Garcia, filed an (Case No. 20STCV47372) against Defendants, Team Love Transport Corporation ("TLTC") and Lesky Figueroa Aguiar ("Aguiar"), for motor vehicle negligence arising out of a collision on December 12, 2018. On September 9, 2022, the parties engaged in an Informal Discovery Conference (IDC) wit...
2023.06.01 Motion for Summary Judgment, Adjudication 589
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.06.01
Excerpt: ...mandez 1. PROCEDURAL BACKGROUND On November 17 2021, Plaintiff Juan Carlos Rosas Hemandez: filed this action against Defendants: Steven R Espinoza aka Steven Ramirez Espinoza: Law Offices of Steven Espinoza: APC: and SAE & JGE, LLC, asserting causes of action for (1) general negligence and (2) premises On January 31 , 2023 Defendants filed this motion for summary judgment: or in the motion for summary adjudication. Plaintiff opposes and Defendant...
2023.06.01 Motion for Leave to Intervene 149
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.06.01
Excerpt: ...icle collision. On March 7 2023 Petitioner, Employers Preferred Insurance Company filed this motion for leave to file a complaint-in-intercention_ 11. LEGAL STANDARD ' 'A nonparty shall petition the coun for to intervene by noticed motion or ex parte application. The petition shall include a copy ofthe proposed complaint in intervention or answer in intervention and set fonh the grounds upon which intervention rests " (Code Civ. Proc. 387, subd_ ...
2023.06.01 Motion to Stay or Abate Proceedings 396
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.06.01
Excerpt: ...vehicle collision. Plaintiff Ivas a passenger in a vehicle she ordered through the Lyft app at the time of the subject incident Defendant died on February 16, 2023 Defense counsel, on behalf of Defendant, now seeks an order to stay or abate all proceedings in this action pursuant to Code of Civil Procedure section 377.21: 377.31: and 377.33 until a personal representative or successor in interest is appointed or substituted into the The request t...
2023.05.31 Motion for Leave to Intervene 848
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.31
Excerpt: ...nc. ("TGN") and Juliette Dolores Herbert: individually and as Trustee under the Juliette Dolores Herbert Revocable Living Trust (sued as "Juliette D. Herbert Trust"): for general negligence and premises liability arising from injuries sustained due to Defendants' alleged failure to warn ofa dangerous condition on their prorrrty_ On January 5 2023 State National Insurance Company ("SNICE) filed this motion for leave to interoene by filing an Answe...
2023.05.30 Demurrer 179
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.30
Excerpt: ...dants, Dawar Alimi ("Alimi"), Rick Webster ("Webster"), and Cre8tech Labs Inc. dba Lender Price ("Lender Price"), for negligence, battery, assault, intentional infliction of emotional distress, and negligent infliction of emotional distress. According to the Complaint, on or about June 6, 2022, Bowerbank attended a trade show in Dana Point, which was also attended by Alimi and Webster. Alimi is Lender Price's founder and CEO and Webster is Lender...
2023.05.26 Motion for Leave to File Complaint 189
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.26
Excerpt: ...ising out a of a May 6, 2018 trip and fall on a raised portion of the sidewalk in front of 12137 Moorpark Street in Studio City, California. Defendant filed an Answer to the Complaint on December 8, 2021. On May 2: 2023: Defendant filed this motion seeking leave to file a cross-complaint against proposed Cross-Defendants, Bharat Vithalbhai Patel and Bharat Patel and Asha C. Patel Family Trust: for indemnification: apportionment of fault: and decl...
2023.05.26 Demurrer 996
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.26
Excerpt: ... from a September 2015 motor vehicle-pedestrian accident. Plaintiff later named Derek Spice as Doe 1. Derek Spice answered the Complaint on June 27, 2019. Plamtiff asserts causes of action for negligence and negligent entrustment On March 20, 2022, Derek Spice ("Decedent") passed away. On October 20, 2022, Brian Egan ("Egan") was appomted admimstrator of Decedent's estate. On December 21, 2022, Plaintiff served Egan With the summons and complaint...
2023.05.26 Motion to Continue Trial 525
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.26
Excerpt: ...roneously sued and served as ' 'Smart & Final, LLC") for injuries arising from a slip and fall incident on Defendant' s premises. On April 4, 2023 the Court granted Defendant: s ex parte application to continue the trial date. Pursuant to Defendant's request: trial was continued from May 25: 2023 to July 7: 2023. However: all pretrial deadlines including discovery and motion cut-off dates remained set to the May 5, 2023 trial date On April 26, 20...
2023.05.26 Motion to Quash Deposition Subpoena, for Production of Business Records 619
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.26
Excerpt: ...ally and as guardian ad litem for minor Natalie Navarro: Steve Navarro: Valeria Guadalupe Navarro: and Andrew Navarro 1. INTRODUCTION On February 7, 2022, Plaintif#, Teresita Mayela Navarro: individually and as Guardian ad Litem for Natalie Navarro: a minor: NavalT0: Valeria Guadalupe Navarro: and Andrew Navarro: filed this wrongftl death action against Defendants: Ruben Jesus Jaramilla: Jr. ("Jaramilla"), Andiamo Logistics: Inc.: LSE C 'Andiamo"...
2023.05.25 Motion to Consolidate Actions 391
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.25
Excerpt: ...ction') with the case captioned Pedram Panahi v. Hannah McCormack, et al.: LASC Case No. 21 STCV33857 (the "McCormack Action"). The Mendez Action involves a motor vehicle collision that four months before the motor collision underlying the McCommck Action. On December 21, 2022, the Coun denied Plaintiffs 26, 2022 motion to consolidate the Mendez and McCormack actions for procedural deficiencies. Specifically: there Ivas no court order deeming the...
2023.05.25 Motion to Compel Further Responses 118
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.25
Excerpt: ...es: Xebec Building Company: Inc.: and American Wrecking: Inc., for Injuries arising in a trip and fall on an exposed gap of Defendants' sidewalk On April 18, 2022, Plaintiff named L&M Construction: Inc. ("L&M") as Doe 1 _ On December 21 , 2022, L&M filed these motions to compel Plaintiffto serve further, verified responses to Form Interrogatories: Requests for Production of Documents: and Requests for Admissions. L&M seeks monetary sanctions agai...
2023.05.25 Demurrer, Motion to Strike 454
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.25
Excerpt: ...ndants, City of Los Angeles ("City') and County of Los Angeles for (1) General Negligence and (2) Premises Liability arising out of a February 5 2022 trip and fall over a damaged and uneven portion of the sidewalk on Defendants' premises. On April 6, 2023 City filed this demurrer to each cause of action of Plaintiffs Complaint for failure to allege facts sufficient to state a claim. City also moves to strike portions of Plaintiffs Complaint. [1] ...
2023.05.24 Motion to Compel Responses to Written Discovery 878
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.24
Excerpt: ...' s Upholstery: and OLSA Immigration Sen-ices: filed this action against Defendant: Hashem 26: LLC (erroneously sued as "Hasem 26: LLC") for general negligence and premises liability arising from an electrical fire that destroyed the retail space at 5821 and 5821 1/2 W _ Pico Blvd.: Los Angeles: California 90019: and damaged the next door retail space. Defendant allegedly ouned, maintained: managed, and operated the subject premises. On October 1...
2023.05.24 Motion to Compel Deposition 365
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.24
Excerpt: ...g 1. BACKGROUND On &November 18, 201%, Plaintiffs: LRichard Fei and Alice Feic, filed this action against Defendants, Ann Chan ("Chan") and Hung Vi Truong for damages arising from a motor collision. On December S, 2022, Plaintiffs filed a motion to compel Truong's appearance at deposition. The motion was heard on April 17: 2023 _ The Court denied the motion because (1) Plaintiffs failed to comply with the meet and confer requirement under Code of...
2023.05.22 Motion to Continue Trial 093
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.22
Excerpt: ...: and Marco Antonio Murrillo for injuries arising out of an April 23, 2021 motor vehicle accident. Plaintiff designated Greer & Kirby Co., Inc. as Doe 1 on Ncnember 23, 2022. On February 28, 2023, the Court granted the parties' stipulation to continue trial and related motion and discovery dates. Pursuant to written stipulation, trial was continued to July 27: 2023 Greer & Kirby Co.: Inc. (hereinafter ' 'Defendant") now moves to continue the tria...
2023.05.22 Motion to Compel Responses, to Deem RFAs Admitted 277
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.22
Excerpt: ...ts D&D Wholesale and Marco Balbuena Sebastian No opposition 1. BACKGROUND On January 12, 2022, Plaintiff Beatriz Romo: filed this action against Defendants, Logica, Candelario Zamora Ramirez: D&D I%olesale ("D&D"): and Marcos Balbuena Sebastian ("Sebastian") for injuries arising from a multi-vehicle collision. On May 31 : 2022: D&D and Sebastian (hereinafter, "Defendants") seroecl Plaintiff uith Set One of Form Interrogatories: Special Interrogat...
2023.05.17 Motion for Summary Judgment 733
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.17
Excerpt: ...igence and premises liability. On March 24: 2021: Plaintiff designated Macerich Lakewood LP (erroneously narned as 'Lakewood Mall Shopping Center Company") as Doe 1: Brooke & Mack: Inc. as Doe 2: and SPLW Properties: LTD.: as Doe 3. On August 30: 2021: Plaintiff designated Construction State Service, LLC as Doe 4, and Macerich Management Company as Doe 5 On December S, 2022, defendant Macerich Management Company (hereinafter, 'Defendant") filed t...
2023.05.16 Motion to Compel Responses 580
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.16
Excerpt: ...s arising from an alleged trip and fall on September 9, 2020 On 20, 2021 Defendant served Plaintiff with a Demand for Inspection and Production of The deadline for Plaintiffto respond was January 24: 2022. Having received no responses: on January 12: 2023: Defendant filed this motion to compel Plaintiffs response In the notice of motion, Defendant requests sanctions against Plaintiff and his counsel. 11. The motion is unoprxised_ LEGAL STANDARDS ...
2023.05.16 Application for Determination of Good Faith Settlement 395
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.16
Excerpt: ...Garry Francis, and as Guardian Ad Litem to minors C.W F and B.F.F_ filed this action against Defendants City of Compton ("City"): Connie Rodriguez Galdamez C 'Galdamez"): Raul Rodriguez[l] ('Rodriguez"): and Jose Luis Gonzalez ("Gonzalez"). On September 30, 2021, Plaintiffs filed the First Amended Complaint ("FAC") against Defendants for (1) Wronghal Death: (2) Survival: and (3) Negligent Entrustment In the FAC: Plaintiffs allege that on August 8...
2023.05.15 Motion for Judgment on the Pleadings 861
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.15
Excerpt: ...a Hernandez ("Plaintiff) filed this action agamst The People of the State of California, acting by and through the Department of Transportation ("Defendant") (erroneously sued as "California Department of Transportation") and Damel Parra ("Parra") asserting a single cause of action for negligence.äPlamtiff alleges Parra was operating a vehicle in the course and scope of his employment with Defendant when he collided with Plaintiffs vehicle on Au...
2023.05.11 Demurrer to SAC 827
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.11
Excerpt: ...rella LLC") and Lyft: Inc. ("LYN) for (1) General Negligence, (2) Premises Liability: and (3) Products Liability The First and Second Causes of Action were asserted against Estrella LLC only and the Third Cause of Action for Products Liability was asserted against Lyft only On September 1, 2022, the Coun entered an order (1) granting Plaintiff and Lyft's joint stipulation to allow the filing of the First Amended Complaint ("FAC"), and (2) deeming...
2023.05.10 Motion to Dismiss 834
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.10
Excerpt: ...Perez ("Plaintiff') sued various entities for a slip-and-fall that allegedly æcurred when she was at a fratemity house Califomia Gamma Chapter House Association ofPhi Delta Theta ("Cal Gamma) moves to dismiss on the grounds that it has not been served with the summons or the complaint Plaintiff opposes and requests sanctions under Code of Civil Procedure section 128_7_ Cal Gamma responds to Plaintiffs opposition. LEGAL STANDARD The court may, in...
2023.05.10 Motion for Protective Order 076
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.10
Excerpt: ...), against defendants (1) Mountains Recreation and Conservation Authority, and (2) Evan William Paul Ramsey (collectively, "Defendants"), arising from a motor vehicle collision that occurred on August 4, 2019. On May 22, 2020, Plaintiffs Williams Alfredo Alvarez-M01ineros ("Williams") , Mayra Lorena Alvarez Moralez ("Mayra"), Jhosselin Mayerli Guajaca Alvarez ("Jhosselin") and Maria Jose Guajaca Alvarez ("Maria") (collectively, "Plaintiffs") file...
2023.05.10 Motion for Judgment on the Pleadings 999
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.10
Excerpt: ... for (1) Premises Liability, (2) Negligent Entrustment: (3) Negligent Supervision: and (4) and Dangerous Condition of Public Property. According to the Complaint: Plaintiff injured her ankle when she fell while ice skating in the Ice-Skating rink in Downtown Burbank Plaintiff was not accompamed by an adult nor asked about her ice skatmg ability yet was allowed to rent ice skates and to proceed to the ice skating rink. Defendant is alleged to be a...
2023.05.10 Motion to Continue Trial 624
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.10
Excerpt: ... Angeles) for a slip-and-fall that occurred on or about June 17: 2019: at 1615 S. Wilton Place, Los Angeles, Califomia 90019. She was 80 years old at the time. On January 10, 2022, the City ofLos Angeles cross-complained against ROE defendants. On September 20, 2022, Plaintiff amended her complaint to add Defendant Hannah Howard ("Howard") as a defendant. Plaintiff served Howard on December 6: 2022 On September 21, 2022, the City of Los Angeles a...
2023.05.09 Motion to be Relieved from Deemed Admissions 121
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.09
Excerpt: ...Vanegas Rivera dba EWR Trucking (sued and served as E.V.R. Trucking: Inc.) and Miguel Ramos Lucero ("Lucero") for motor vehicle negligence arising out of Lucero' s negligent operation of a semi-tractor trailer truck that struck Plaintiff s vehicle. On August 19: 2022: Defense counsel R. Odell associated Byron M. Purcell into this matter as co-counsel for EX'R [1] On August 22: 2022: Plaintiff propounded written discovery on EWR: including Request...
2023.05.09 Motion Request to Transfer Remaining Settlement, to Dismiss Action 835
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.09
Excerpt: ...ystal") (collectively, ' 'Plaintiffs") filed this action against defendants Beacon Day Inc. ("Beacon) and Joseph A. Andrade (Andrade) (collectively, "Defendants"): asserting causes of action for (1) negligence, (2) negligent hiring, supervision: and retention: (3) assault and battery, (4) intentional infliction of emotional distress, (5) negligent infliction of emotional distress-bystander, (6) S 504 Rehabilitation Act of 1973 (7) Unruh Civil Rig...
2023.05.09 Motion for Stay of Proceedings 968
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.09
Excerpt: .... ("Defendant") and Jordi X. Kellogg: M.D. ("Dr. Kellogg') for (1) Assault and Battery: (2) False Imprisonment: (3) Intentional Infliction of Emotional Distress: (4) Negligent Infliction of Emotional Distress: (5) Property Damage, (6) Premises liability (Negligence), and (7) Negligent Entrustment. [1] Plaintiff alleges that she and Defendant were in a relationship and that Defendant had a history of physical aggression when intoxicated Dr. Kellog...
2023.05.08 Motion to Dismiss for Failure to Prosecute 515
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.08
Excerpt: ...ation (erroneously sued and served as "Fairplex RV Park") for negligence and premises liability arising from a slip and fall. On September 2, 2022, the Coun granted Plaintiffs counsel' s motion to be relieved. On March 15 , 2023, Defendant filed the instant motion to dismiss for Plaintiffs failure to prosecute this action. The motion is unopposed. 11. LEGAL STANDARDS The court on its own motion or on motion of the defendant may dismiss an action ...
2023.05.08 Demurrer to Answer to FAC 169
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.08
Excerpt: ...ed the First Amended Complaint ("FAC") on August 24: 2021. The FAC is unverified. According to the FAC: on December 25, 2019, Plaintiff slipped and fell on the wet bathroom floor of a restaurant owned, managed, and operated by Defendants The FAC asserts causes of action for (1) Premises Liability and (2) Negligence against defendants Mastro's Restaurants: LLC: Matthew Espy: and Does 1 to 50. Plaintiff named defendant Moses Barrios ("Barrios") by ...
2023.05.05 Motion to Reopen Discovery on Limited Basis, for Sanctions 212
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.05
Excerpt: ...On September 11, 2019, Plaintiff Tanda Orelia Rucker brought this action against Fernando Pineda ("Defendant') for damages arising from a motor vehicle accident. On Nowember 16: 2020: Plamtlff named Executive Car Leasing Company ("ECL') as Doe 1 _ On April 6, 2023, ECL filed this motion to reopen discovery. In their notice ofmotion: ECL requests imposition of monetary sanctions against Plaintiff and her counseL Plaintiff opposes and ECL replies. ...
2023.05.05 Motion to Compel Compliance with Deposition Subpoena for Production of Business Records, for Monetary Sanctions 701
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.05
Excerpt: ... Ashley Fisher ("Respondent") made a claim against her UM,'UIM policy with Petitioner Geico General Insurance Company ("Petitioner") for excess damages related to personal injuries including to the right shoulder. On April 4, 2023, Petitioner filed a motion compelling Robert I. Spector, M_D_ s ("Spector") compliance with deposition subpoena for the production of business records and requesting monetary sanctions pursuant to Code of Civil Procedur...
2023.05.05 Motion for Summary Judgment 559
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.05
Excerpt: ...netree Terrace Apartments and Mabry Management Co. Inc. (collectively: 'Defendants") for injuries arising from a slip and fall. Plaintiff filed the First Amended Complaint on April 17: 2018. The FAC asserts causes of action for (1) General Negligence and (2) Premises Liability. According to the FAC: on June 12, 2017, Plaintiff slipped and fell on a liquid substance on the common area staircase. On January 12, 2023, Defendants filed this motion fo...
2023.05.04 Demurrer to FAC, Motion to Strike 638
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.04
Excerpt: ...BACKGROUND On July 13 2022: Plaintiffs Lyonell P. Henson ("Henson") and Sharisse V _ Armstrong- Henson ("Armstrong-Henson') filed this action against defendants Baldwin Gardens: Inc.: Baldwin Brothers: Inc., PLS Check Cashers 536 E. Manchester Avenue Location, PLS Check Cashers of Califomia Inc.: PLS Financial Services: Inc. and Dwight Antivan Gibbs ("Gibbs"). On March 9: 2023: Plaintiffs filed the First Amended Complaint ("FACE). The FAC asserts...
2023.05.04 Motion to Compel Responses, for Monetary Sanctions 927
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.04
Excerpt: ...n November 16, 2020, Plaintiff Ethel Crutcher ("Plaintiff') filed this action against Defendants M740 Kroger West/ Food 4 Less, Food 4 Less of Southern California ("Food 4 Less"), and The Kroger Co., for injuries arising from a slip-and-fall on Defendants' premises. On December 20, 2022, Defendant Food 4 Less served Special Interrogatories, Set Two, and Requests for Production, Set Two, on Plaintiff Ethel Crutcher. Defendant asserts that Plaintif...
2023.05.04 Motion to be Relieved from Deemed Admissions 559
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.04
Excerpt: ...Co., Inc. (collectively, 'Defendants') for injuries arising from a slip and fall. Plaintiff alleges that on June 12, 2017 he slipped and fell on a liquid substance on the common area staircase. On May 5: 2022: Defendants served Requests for Admission, Set One, on Plaintiff by mail and email. Plaintiff failed to respond On December 20, 2022, the Court granted Defendants' unopposed motion to deem admitted Defendants' Requests for Admission against ...
2023.05.04 Motion to Compel IME, for Sanctions 463
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.04
Excerpt: ...s Troy Perry, Alex Omar Munguia Romero ("Romero"), and Adrineh Hayrabidian brought separate actions against Defendants Brian Boudreaux and Lois Sophia Rocha ("Defendants"). These actions have been consolidated. Defendants now move to compel Plaintiff Romero to attend an independent medical examination. No opposition has been filed. The Court notes that Plaintiff Romero's counsel was relieved on March 1 , 2023. 11. LEGAL STANDARD In any case in wh...
2023.05.03 Application for Good Faith Settlement 428
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.03
Excerpt: ...Cabera RESPONDING PARTY(S): Defendant/Cross-Complainant Global Logistics Transportation 1. BACKGROUND On January 21, 2020, Plaintiff Lilly Baharestani filed thisaction against defendants Global Logistics Transportation, Inc. ("GLT"), ProCare, Inc., Borris E. Johnson, and Dana Patra Cabrera ("Cabrera") for injuries arising from a multi-vehicle accident Plaintiff filed the First Amended Complaint on January 22, 2020. GLT filed a cross-complaint aga...
2023.05.02 Motion to Compel Production of Docs, for Sanctions 401
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.02
Excerpt: ...adas Maya filed this action against Defendant Junior Raymond Millan for injuries arising from a May 12, 2020 motor vehicle accident. Plaintiff now moves to compel Defendant's attendance at deposition. Plaintiff seeks sanctions against Defendant and his counsel. Defendant opposes and Plaintiff replies. LEGAL STANDARD A. Compel Deposition Any party may obtain discovery by taking in California the oral deposition of any person. (Code Civ. Proc., S 2...
2023.05.02 Motion to Compel Further Responses, for Sanctions 314
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.02
Excerpt: ...TO SPECIAL INTERROGATORIES, SET ONE; REQUEST FOR SANCTIONS (3) DEFENDANT'S MOTION TO COMPEL PLAINTIFF ALEJANDRO GASTON TORRES' FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; REQUEST FOR SANCTIONS (4) MOTION TO DEEM REQUESTS FOR ADMISSION SERVED ON PLAINTIFF ALEJANDRO GASTON TORRES ADMITTED OR, IN THE ALTERNATIVE MOTION TO COMPEL FURTHER REPSONSES; REQUEST FOR SANCTIONS Dept. 27 1:30 p.m. May 2, 2023 INTRODUCTION On October 1, ...
2023.05.02 Motion for Judgment on the Pleadings 946
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.02
Excerpt: ...liates: LLC: and Does 1 through 100 for premises liability and negligence. On May 1 1: 2020: Plaintiff added defendants Five Star Plastering: Inc ("FSP") as Doe 1 and Califomia Access Scaffold as 2. In the Complaint: Plaintiff alleges that he tripped and fell on a sidewalk surface on June 28: 2017 that Defendants owned maintained, controlled, possessed repaired: inspected, orrrated, designed: built: managed and cleaned _ On March S, 2023 FSP file...
2023.05.02 Demurrer, Motion to Strike FAC 429
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.02
Excerpt: ... as guardian ad litem of Jennifer 1. Molina: an incapacitated adult BACKGROUND On October 4: 2022: plaintiffs Martha A. Ramirez ("Ramirez"): as guardian ad litem for Jennifer Molina ("Molina"), filed this action against defendants Essex Poltfolio: L_P_, Essex Portfolio Management: L_P_: Essex Property Trust: Inc.: and Does 1 to 50. On February 15: 2023: Plaintiffs filed the First Amended Complaint ("FAC")_ The FAC adds Oscar Luciano ("Luciano") a...
2023.05.01 Motion to Strike 594
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.01
Excerpt: ...rer and Arkady Vaserfirer ("Plaintiffs") filed this action against defendant Uber Technologies, Inc. ("Uber") arising out of a motor vehicle-pedestrian collision. On January 3, 2023, Plaintiffs amended the complaint to add Rasier, LLC, Rasier-CA, LLC, Avis Rent A Car System, LLC ("Avis"), and Oscar Moquete ("Moquete") as defendants. In the First Amended Complaint ("FAC"), Plaintiff asserts causes of action for (1) motor vehicle negligence and (2)...
2023.05.01 Motion for Reconsideration 617
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.05.01
Excerpt: ...ll and Driscoll Electric, Inc. (collectively, "Defendants") for negligently performing electrical repairs resulting in a fire, loss of electric power, and necessitating Plaintiffs to vacate all tenants from their place of business. Default was entered against defendant Dereik Driscoll on July 25, 2022. Driscoll Electric has yet to appear in this action On February 7, 2023, the Court dismissed Plaintiffs' complaint after Plaintiffs failed to appea...
2023.04.28 Demurrer 916
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.28
Excerpt: ... Los Angeles County Sheriff s Department C 'County) (collectively, 'Defendants') for general negligence. Plaintiff alleges it paid its insured, Miguel Meza ("Meza"), for property damages sustained in a motor vehicle accident that occurred on June 21 2016, and now seeks to recover those payments from Defendants On May 24: 2022: County filed a demurrer arguing that Plaintiffs complaint was untimely pursuant to Gov. Code: 945.6: subd_ (a)(2) and the...
2023.04.28 Motion for Terminating Sanctions 525
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.28
Excerpt: ...s arising from a slip and fall incident on defendants' premises. On April 5, 2023, Plaintiff filed this motion for terminating sanctions against Smart & Final, LLC, for failing to comply with the Court's order to produce documents responsive to demands for production, set 4, numbers 109-115. Alternatively, Plaintiff requests issue or evidentiary sanctions. Plaintiff also requests additional monetary sanctions. On April 17, 2023, Smart & Final, LL...
2023.04.28 Motion to Continue Trial 857
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.28
Excerpt: ...ity") for premises liability. On August 5, 2022, the Court granted the parties' written stipulation to continue the trial and related motion and discovery dates. Pursuant to written stipulation, trial was continued to May 18, 2023. All discovery and motion cut- off dates were set to the new trial date. On April 4, 2023, City filed this motion to continue trial and all pre-trial deadlines and cutoffs. The motion is unopposed. As the deadline to co...
2023.04.28 Motion to Compel Deposition, for Monetary Sanctions 700
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.28
Excerpt: ... Hernandez filed this action against Defendant Campus Plaza, LLC for injuries arising from an April 19, 2018 trip and fall on Defendant's premises. Defendant now moves to compel Plaintiff to provide deposition testimony on May 18, 2023. In their notice of motion, Defendant indicates that it seeks an order imposing monetary sanctions against Plaintiff and her attorney of record in the amount of $1,620.51. The motion is unopposed. LEGAL STANDARD A....
2023.04.28 Motion to Compel Further Responses, for Sanctions 589
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.28
Excerpt: ...SPECIAL INTERROGATORIES: SET ONE: FROM DEFENDANT ROLLING HILLS PLAZA: LLC; REQUEST FOR SANCTIONS (3) PLAINTIFF FATEMEH AZIMA'S MOTION TO CONNEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUNIENTS FROM DEFENDANT ROLLING HILLS PLAZA: LLC; REQUEST FOR SANCTIONS (4) PLAINTIFF FATEMEH AZIMA'S MOTION TO CONNEL FURTHER RESPONSES TO REQUEST FOR ADMISSIONS: SET ONE: FROM DEFENDANT ROLLING HILLS PLAZA, LLC; REQUEST FOR SANCTIONS (5) PLAINTIFF FATEMEH...
2023.04.28 Motion to Quash Deposition Subpoenas to Medical Providers, to Continue Trial 715
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.28
Excerpt: ...ff') filed this action against Defendant Samuel Nicholas Wechsler ("Defendant") arising from a September 15, 2018, motor vehicle and electric scooter accident. On October 11, 2022, Defendant filed a motion to reopen all discovery and reinstate the trial date of May 16, 2023. On December 8, 2022, the Court ordered the parties to formulate a joint discovery plan to allow the Court to determine whether a trial continuance to May 16, 2023, was necess...
2023.04.27 Motion to Compel Deposition, for Monetary Sanctions 665
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.27
Excerpt: ..., 2021, Plaintiff Katayon Akvan filed this action against defendants Equinox Fitness Century City, Inc. ("Equinox"), John Strachan, and Shannon Lynn (collectively, "Defendants") for negligence, premises liability, and res ipsa loquitor. Plaintiff alleges that she suffered injuries to her foot when the wind blew over a heavy metal railing on Defendants' premises and fell on top of her foot. On August 10, 2022 and November 17, 2022, Plaintiff serve...
2023.04.27 Motion for Renewal of Summary Judgment, Adjudication 568
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.27
Excerpt: ...e ("Plaintiff) filed this action against defendant American Multi-Cinema, Inc. ("Defendant") alleging causes of action for general negligence and premises liability. Plaintiff alleges that on March 11, 2020, she tripped and fell due to an unmarked dark colored handrail in a movie theater. On September 29, 2022, Defendant filed a motion for summary judgment. The motion was heard and argued on December 14, 2022. The Court denied Defendant's motion,...
2023.04.26 Motion to Continue Trial, to Compel Compliance with Deposition Subpoena or OSC Re Contempt 310
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.26
Excerpt: ...PT Dept. 27 1:30 p.m. April 26, 2023 On March 16, 2021, Plaintiff Alexander Cedillo filed this action agains t Trevor Simons aka Trevor Simmons and Larry Simons (collectively, "Defendants") for injuries arising out of a multi-vehicle collision. The traffic collision report of the subject incident identified non-party Adriana Rodriguez as the third party involved in the incident. 11. On August 12, 2022, the Court continued the trial pursuant to st...
2023.04.26 Motion for Terminating Sanctions 192
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.26
Excerpt: ...filed this action against Defendant Bodega Latina Corporation dba El Super arising from two July 18, 2020 slip and fall incidents. On January 30, 2023, Defendant filed this motion for imposition of terminating sanctions against Castro. On March 21, 2023, the Court issued a ruling finding that it was unclear whether Defendant sought terminating sanctions or to compel compliance, as the motion was accompanied by a separate statement. Further, Castr...
2023.04.26 Motion for Leave to Intervene 016
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.26
Excerpt: ...t this motor vehicle negligence action against Defendant Ashley Nicole Ellis. Plaintiff alleges that on January 5: 2021: around 10:42 p.m., Defendant negligently operated a 2014 Fiat 500 and collided with Plaintiff while driving southbound on Winnetka Avenue in the City of Northridge. On December 12, 2022, Metromile Insurance Company ("Metromile") specially appeared to file this motion for leave to intervene. The motion is unopposed. 11. LEGAL ST...
2023.04.26 Demurrer 475
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.26
Excerpt: ...liability and general negligence. Plaintiff alleges that on August 25 2020, Plaintiff was a guest on Defendant' s premises when she suffered injuries from a shower door that spontaneously exploded as she opened it. On March 6, 2023, Defendant filed an answer. On March 15 , 2023, Plaintiff filed this demurrer to the first, third: fourth: seventh: tenth: and eleventh affirmative defenses asserted in Defendant: s answer _ 11. Defendant opposes and P...
2023.04.25 Motion for Leave to Amend Complaint 976
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.25
Excerpt: ...evator Services, LLC ("Srrcialized Elevator) for injuries Plaintiff allegedly sustained ivhen tripping and falling as she entered an unlew&d elevator at the Rodeo Collection at 421 Nonh Rodeo Drive. Plaintiff asserts a cause of action for premises liability against both defendants and negligent hiring against Rodeo Collection only On 21, 2022, Plaintiff this motion for leawe to amend her Complaint. Plaintiff seeks to assert a third cause of actio...
2023.04.25 Motion for Terminating Sanctions and Dismissal of Action 495
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.25
Excerpt: ... April 25, 2023 On June 30, 2020, plaintiff Aleena Montoya ("Plaintiff') filed this action against defendants Erika Jannett Salazar, Maria C. Salazar, and Pedro E. Salazar (collectively, "Defendants") arising from a January 7, 2007 motor vehicle collision. On February 3, 2023, Plaintiffs former counsel file notice of entry this Court's order granting counsel's motion to be relieved. As such, Plaintiff is presently self-represented. On December 21...
2023.04.25 Motion to Compel Payment of Expert Deposition Fees 943
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.25
Excerpt: ...), Los Angeles County Metropolitan Transportation Authority (LACMTA): and Connie Romero (Romero) (collectively Defendants) arising from an April 18, 2018, bus versus motorcycle collision. Plaintiff alleges Romero, the bus operator, "veered onto the double yellow solid lines and/or opposing travel lane to complete the turn on a curve in the roadway." Romero allegedly "failed to observe Plaintiff while making the turn on the double yellow solid lin...
2023.04.21 Motion to Compel Responses, for Monetary Sanctions 454
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.21
Excerpt: ...) DEFENDANT'S MOTION TO COMPEL PLAINTIFF'S VERIFIED RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; REQUEST FOR MONETARY SANCTIONS IN THE AMMOUNT OF $661.65 AGAINST PLAINTIFF AND HER ATTORNEY (3) DEFENDANT'S MOTION TO COMPEL PLAINTIFF'S VERIFIED ) ) ) ) ) ) ) ) RESPONSES TO DEMAND FOR INSPECTION OF DOCUMENTS, SET ONE; REQUEST FOR MONETARY SANCTIONS IN THE AMMOUNT OF $661.65 AGAINST PLAINTIFF AND HER ATTORNEY Dept. 27 1:30 p.m. April 21, 2023 I. IN...
2023.04.20 Motion to Vacate Trial Dates or to Continue Trial 741
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.20
Excerpt: ...UE TRIAL Dept. 27 1:30 p.m. April 20, 2023 I. INTRODUCTION On August 4, 2021, Plaintiff, Vadim Ivanov, filed this action against defendants Chris Yarzab (“Yarzab”), Arthur J. Gallagher and Co., and Advanced Access Controls, Inc. (“Advanced Access”) (erroneously sued and served as “Advance Access Controls, Inc.”) for injuries and damages arising from a January 29, 2020 motor vehicle collision. Yarzab filed an Answer on January 10, 2022...
2023.04.20 Motion to Compel Further Responses, for Sanctions 847
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.20
Excerpt: ..., 2020, plaintiff Sean Casey (“Plaintiff”) filed this action against defendant CVS Pharmacy, Inc. (“CVS”), and Does 1 to 50, for premises liability and negligence. On July 23, 2020, Plaintiff filed an amendment to the complaint to designate as Doe 1 defendant GRB Service Systems, Inc. (“GRB”) (previously designated as Doe 1 under the incorrect name of Southwestern Services). On the same day, Plaintiff filed an amendment to the complai...
2023.04.20 Motion for Leave to File Complaint 959
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.20
Excerpt: ...LC (“Chinese Theatres”) (sued as “Chinese Theater Investments, LLC”), H&H Retail Owner, LLC (“H&H”) (erroneously sued as CIM/H&H Retail, L.P.”) and John Doe. Plaintiff alleges that while he was on the dance floor at 6801 Hollywood Blvd., #433, in Hollywood, California, John Doe, a security guard put Plaintiff into a chokehold and escorted outside. On August 24, 2022, H&H filed a cross-complaint against Andrews International, Inc. (�...
2023.04.20 Motion for Determination of Good Faith Settlement 521
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.20
Excerpt: ...vely, “Plaintiffs”) filed this action against defendants Anush Smbatyan (“Anush”) and Sevak Smbatyan (collectively, “Settling Defendants”) arising from a motor vehicle accident. Plaintiffs allege that on April 1, 2019, Tierney was operating her vehicle when Anush drove, without warning and at an excessive speed, out of a private driveway and struck Tierney's vehicle. Tierney asserts a claim for negligence and Crichton asserts a claim ...
2023.04.19 Motion to Compel Further Responses, for Monetary Sanctions 452
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.19
Excerpt: ...October 8, 2021, plaintiff Esmaralda Y. Fuentes-Perez (“Plaintiff”) filed this action against defendants Run D. Wu and Dan Yuedong Wu arising from an apartment fire that occurred around November 2020. On March 17, 2023, Defendant Run D. Wu (hereinafter, “Defendant”) filed this motion to compel Plaintiff's further responses to Requests for Production, Set One. In the notice of motion, Defendant requests monetary sanctions against Plaintiff...
2023.04.19 Demurrer to TAC, Motion to Strike 582
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.19
Excerpt: ...TRODUCTION On September 20, 2021, plaintiff Cheryl Ann Thomas (“Plaintiff”) filed this action against defendants GZ Portfolio V 80 LLC, Golden Z Holdings LLC, and Golden Bee Management LLC (collectively, “Defendants”). On November 29, 2021, Plaintiff filed a First Amended Complaint. On February 22, 2022, Plaintiff filed a Second Amended Complaint (“SAC”). On April 13, 2022, the parties filed a stipulation acknowledging that the SAC wa...
2023.04.17 Motion to Continue Trial 604
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.17
Excerpt: ...d Golding (“Plaintiff”) filed this action against defendants Get Spiffy, Inc. (“Get Spiffy”), Adrian Brizuela (“Brizuela”), and Joshua Zanders-Norris (“ZandersNorris”). Plaintiff alleges he was injured from a May 21, 2019, collision involving 3 motor vehicles. On January 29, 2021, Brizuela filed a cross-complaint against Get Spiffy asserting claims for negligence and indemnification, among others. On October 7, 2021, Get Spiffy fi...
2023.04.17 Motion to Compel Further Production of Docs, Deposition, for Sanctions 790
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.17
Excerpt: ...pt. 27 1:30 p.m. April 17, 2023 I. INTRODUCTION On March 19, 2021, Plaintiff Jhon Gonzalez-Guerrero filed this action against Defendant Allen D. Ye for injuries arising from a June 6, 2019 motor vehicle accident. Defendant retained expert Dr. Charles D. Rosen, a spine surgeon, to examine Plaintiff during a defense medical exam on May 5, 2022. On October 31, 2022, Plaintiff deposed Dr. Rosen. At the deposition, Dr. Rosen refused to produce request...
2023.04.17 Motion to Compel Deposition 365
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.17
Excerpt: ...fs”) filed this action against defendants Ann Chan and Hung Vi Truong (collectively, “Defendants”), for damages arising from a motor vehicle collision. On December 8, 2022, Plaintiffs filed this motion to compel Defendant Hung Vi Truong's (hereinafter, “Defendant”) appearance at deposition. In the notice of motion, Plaintiffs request sanctions against Defendant. Defendant opposes. II. LEGAL STANDARD A. Compel Deposition Any party may ob...
2023.04.17 Motion for Determination of Good Faith Settlement 010
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.17
Excerpt: ...iffs Jonathan Castellanos (“Jonathan”) and Bryan Castellanos (“Bryan”) (collectively, “Plaintiffs”), through their guardian ad litem, Heidy Rodriguez, filed this action against defendants Elizabeth Stewart-Videa (“Stewart-Videa”), Christian Videa (“Videa”), and Antonio Jose Cerda Arias (“Arias”) for (1) motor vehicle, (2) general negligence, (3) premises liability, and (4) negligent infliction of emotional distress against...
2023.04.14 Motion to Compel Further Responses, for Monetary Sanctions 372
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.14
Excerpt: ...RY SANCTIONS (2) PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR ADMISSION, SET ONE, PROPOUNDED ON LESKY FIGUEROA AGUIAR, AND REQUEST FOR MONETARY SANCTIONS (3) PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR ADMISSION, SET ONE, PROPOUNDED ON TEAM LOVE TRANSPORT CORPORATION, AND REQUEST FOR ) ) ) MONETARY SANCTIONS Dept. 27 1:30 p.m. April 14, 2023 I. INTRODUCTION On December 10, 2020, Plaintiff Woztbeli Antonio Garc...
2023.04.14 Motion to Quash Erroneous Service 346
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.14
Excerpt: ...l 30, 2021, Plaintiffs Agusto Garcia and Adoracion Garcia filed this action against Defendant Nax Lei arising from a January 3, 2019 motor vehicle accident. Though not clear from the Complaint, Defendant is a resident of China who was operating a rental vehicle at the time of the collision. Non- party Avis Rent A Car System, LLC (“Avis”) rented the vehicle to Defendant. On December 12, 2022, Avis, specially appearing, filed this motion to qua...
2023.04.13 Motions to Compel Responses, for Monetary Sanctions 914
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.13
Excerpt: ...D INTERROGATORIES AND FOR AN ORDER IMPOSING MONETARY SANCTIONS (3) MOTION FOR ORDER COMPELLING RESPONSES TO DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS AND FOR AN ORDER IMPOSING MONETARY SANCTIONS (4) MOTION FOR ORDER ESTABLISHING ADMISSIONS ) ) AND FOR ORDER IMPOSING MONETARY SANCTIONS Dept. 27 1:30 p.m. April 13, 2023 I. INTRODUCTION On August 2, 2022, Plaintiff Dorothy Cottrel filed this action against defendants Soon Yull Kwun and Jong ...
2023.04.13 Motion to Compel Responses, for Monetary Sanctions 477
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.13
Excerpt: ...NS IN THE AMOUNT OF $1,134.15 Dept. 27 1:30 p.m. April 13, 2023 I. INTRODUCTION On August 10, 2018, Plaintiff, Jose Luis Gonzalez, filed this action against defendants Jose Echevarria (“Echevarria”), Jasmine Ruiz, Juan Gonzalez, and Ilario Ruiz, arising out of an August 10, 2016 motor vehicle collision. On February 17, 2023, Echevarria filed the instant motion to compel Plaintiff's responses to Echevarria's Form Interrogatories, Special Inter...
2023.04.13 Motion to Compel Initial and Further Responses, for Monetary Sanctions 237
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.13
Excerpt: ...July 30, 2021, Plaintiff, Claire Rochon, filed this action against Defendant City of Los Angeles for injuries and damages arising from a fall on an uneven public sidewalk. On February 6, 2023, the parties participated in an Informal Discovery Conference (IDC) to resolve a dispute regarding Plaintiff's responses to Defendant's Form Interrogatories, Special Interrogatories, and Demand for Production of Documents. The Court required Plaintiff to pro...
2023.04.13 Motion for Leave to Conduct Depositions 786
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.13
Excerpt: ...NT CITY OF CARSON'S MOTION FOR LEAVE TO CONDUCT THE DEPOSITION OF CROSS- DEFENDANT HENRY HURTADO PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 1995 Dept. 27 1:30 p.m. April 13, 2023 I. INTRODUCTION On December 23, 2021, plaintiffs Russell Patten, individually and as the successor-in-interest to and administrator of the Estate of Daniel Patten II (“Decedent”), and Jennifer Patten (collectively, “Plaintiffs”), filed this action against ...
2023.04.12 Motion to Strike 695
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.12
Excerpt: ...rre, filed this action against defendants Erjaei Seyed Hosein (“Hosein”) and Lyft, Inc. (“Lyft”) for injuries arising from a collision between Plaintiff, who was walking on a sidewalk, and Hosein, who was operating a Lyft motorized scooter. On November 17, 2022, Plaintiff posted jury fees. On February 15, 2023, Lyft filed this motion to strike Plaintiff's jury demand and/or set the matter for a nonjury trial. Plaintiff opposes and Lyft re...
2023.04.12 Motion to Continue Trial 431
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.12
Excerpt: ...tiff”), in pro per, filed this action against Park La Brea, LLC, and Universal Protection Service, LP (erroneously sued as Allied Universal) (“Defendant”). On May 9, 2022, Plaintiff filed the operative Third Amended Complaint. Following the Court's June 27, 2022 order sustaining Defendant's demurrer in part, Plaintiff's remaining causes of action are (1) assault, (2) battery, and (3) false imprisonment. On August 29, 2022, the Court granted...
2023.04.12 Motion to Compel Compliance for Production of Docs 235
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.12
Excerpt: ... CUZCATLAN Dept. 27 1:30 p.m. April 12, 2023 I. INTRODUCTION On March 9, 2021, plaintiff Javier Gonzalez Munoz (“Plaintiff”) filed this action against defendants Apple Auto Dismantling, Inc. dba Mr. Ford Auto Dismantling (“Apple Auto”), and Benson's Auto Dismantling (collectively, “Defendants”) for negligence and premises liability. Plaintiff alleges he was lawfully on Defendants' premises on March 19, 2019 when he attempted to use an...
2023.04.12 Demurrer 839
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.12
Excerpt: ...TECHNO-ADVANCED, INC. Dept. 27 1:30 p.m. April 12, 2023 I. BACKGROUND On January 13, 2023, Plaintiff, Techno-Advanced, Inc. filed a form complaint against defendants Olger Javier Castellanos Mena, Jorge Alexander Ruiz Guzman, Narciso Ernesto Rosales, Andres Cervantes, and Salvador Morales (collectively, “Defendants”) asserting a single cause of action for the intentional tort. On March 13, 2023, Defendants filed this demurrer to Plaintiff's c...
2023.04.11 Motion to Compel Further Responses, for Monetary Sanctions 452
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.11
Excerpt: ...TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, (SET ONE), AND FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,290 Dept. 27 1:30 p.m. April 11, 2023 I. INTRODUCTION On October 8, 2021, plaintiff Esmaralda Y. Fuentes-Perez (“Plaintiff”) filed this action against defendants Run D. Wu and Dan Yuedong Wu arising from an apartment fire that occurred around November 2020. On March 15, 2023, Defendant Run D. Wu (hereinafter, “Defendant”) file...
2023.04.11 Motion for Terminating Sanctions, to Continue Trial 685
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.11
Excerpt: ...1, 2023 I. Background On May 8, 2020, plaintiff Olga Hernandez (“Plaintiff”) filed this medical malpractice action against defendant Cedars-Sinai Medical Center (“Defendant”). Plaintiff additionally named Palmdale Regional Medical Center and John Doe, M.D., John Doe M.D. 2, and John Doe M.D. 3 (collectively, the “Doe Doctors”) as defendants. On December 7, 2022, Defendant filed this motion for terminating sanctions or, in the alternat...
2023.04.11 Demurrer 282
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.11
Excerpt: ...ts City of Covina and Does 1 through 20 for injuries Plaintiff sustained on April 10, 2020 when she fell into a large hole where a tree had been removed by the City of Covina. The Complaint does not state specific causes of action but appears to assert causes of action for premises liability and negligence. On October 20, 2020, Plaintiff named Robert Raab (erroneously sued as “Robert Robb”) as Doe 1 and Sally Raab[1] as Doe 2. October 26, 202...
2023.04.07 Motion to Compel Responses, for Sanctions 991
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.07
Excerpt: ...rd Broun aka Albert Dewaye Brown ("Defendant") for negligence, negligence per sez assault: battery, and intentional infliction of emotional distress arising from an altercation on November 24: 2021 _ On November 23 , 2022, Plaintiff filed the instant motion to compel Defendant's responses to Form Interrogatories. Defendant also requests imposition of sanctions against Defendant and their counsel of record The motion is unopposed. LEGAL STANDARDS ...
2023.04.06 Motion to Set Aside Dismissal 189
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.06
Excerpt: ... arising from a June 14, 2018 motor vehicle accident. At the time of the alleged accident, Plaintiff was working in the course and scope of his employment with the City of Los Angeles ("City"). City filed a subrogation action against Defendant to recover worker's compensation benefits paid on Plaintiffs behalf in the related case City of Los Angeles v. Martinez, Case No. 20STCV20865. On June 29, 2022, the Court dismissed Plaintiffs Complaint with...
2023.04.05 Motion to Compel Compliance with Subpoena 212
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.05
Excerpt: ...ehicle accident occurring on or about October 10, 2017. On October 14, 2022, Defendant brought this motion to compel compliance with the subpoena for production of documents from nonparty Jeannine Lemare Calaba, Psy.d. The motion was heard on January 31, 2023. The Court issued a tentative order granting the motion. However, because Defendant had not given notice to Dr. Calaba, the Court continued the motion to provide counsel an opportunity to se...
2023.04.05 Demand for Jury Trial 282
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.05
Excerpt: ... Inc., Clear Channel Outdoor, LLC, and Roben A. Foronda for injuries arising from an October 17: 2019 motor vehicle accident. On March 23, 2023, Plaintiff in pro per, demanded a jury trial. Clear Channel Outdoor: LLC, and Robert A. Foronda (hereinafter, "Defendants") oppose Trial is set for April 7, 2023. As a preliminary matter, the Court treats Plaintiffs demand as seeking relief from inadvertent waiver of a jury trial. 11. LEGAL STANDARD Under...
2023.04.04 Motion to Strike 748
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.04
Excerpt: ...t") and 1-50 for injuries arising out July 15: 2019 motor vehicle accident. On February 15 2023 Defendant filed this motion to strike Plaintiff s request for punitive damages as set forth in Plaintiffs Statement of Damages and references to Doe Defendants in Plaintiffs complaint. Plaintiff opposes and Defendant replies. LEGAL STANDARDS A. Standard for Motion to Strike The court may, upon a motion: or at any time in its discretion: and upon terms ...
2023.04.04 Motion to Compel Responses 003
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.04
Excerpt: ...IFF SAMIRA HERNANDEZ S RESPONSES TO FORM INTERROGATORIES SET ONE AND DEMAND FOR PRODUCTION OF DOCUNIENTS SET ONE (3) DEFENDANT SANDRA CONTRERAS-VASQUEZ'S MOTION TO CONNEL PLAINTIFF ALDO HERNANDEZ S RESPONSES TO FORM INTERROGATORIES SET ONE AND DEMAND FOR PRODUCTION OF DOCUNIENTS SET ONE (4) DEFENDANT SANDRA CONTRERAS-VASQUEZ'S MOTION TO CONNEL PLAINTIFF ALDY HERNANDEZ S RESPONSES TO FORM INTERROGATORIES SET ONE AND DEMAND FOR PRODUCTION OF DOCUNI...
2023.04.03 Motion to Extend Discovery Cut-Off Date, Reopen Discovery for Limited Purpose 523
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.03
Excerpt: ...t defendants Raian Alagh ("Alagh"), CRP Alagh Corp., Inc. ("CRP"), Subway Sandwich Shops, Inc. ("Subway"), and Three Sons & a Dog, Inc. (collectively, "Defendants"), arising from a June 6, 2017 automobile accident. Plaintiff alleges that Alagh's failure to stop at a stop sign while Plaintiff was traveling on a bicycle caused an accident and injuries to Plaintiff. Plaintiff dismissed Three Sons & a Dog from this action on November 19, 2021. Plaint...
2023.04.03 Motion to Compel Responses, for Sanctions 248
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.03
Excerpt: ...L INTERROGATORIES (SET ONE) AND REQUEST FOR SANCTIONS (3) DEFENDANT UBER TECHNOLOGIES: INC. 'S MOTION TO COWEL PLAINTIFFS' RESPONSES TO REQUEST FOR PRODUCTION OF DOCUNIENTS (SET ONE) AND REQUEST FOR SANCTIONS Dept. 27 1:30 p.m. 1. 11. 30: 2023 INTRODUCTION On December 3, 2021, plaintiff City of Montebello ("Plaintiff) filed this action against defendants Carv s Jr Restaurants, LLC ("CJR"), Carl Karcher Enterprises, LLC ("CKE"), and Kimco Realty C...
2023.04.03 Motion to Compel Deposition, for Sanctions 868
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.03
Excerpt: ...emus and Douglas Carlson (collectively, "Defendants") arising from a November 14, 2017, motor vehicle accident. Defendants now move to compel Plaintiff to appear at deposition. The motion is unopposed. LEGAL STANDARD A. Compel Deposition Any party may obtain discovery by taking in California the oral deposition of any person. (Code Civ. Proc., S 2025.010.) "If, after service ofa deposition notice, a party to the action.. .without having served a ...
2023.04.03 Motion for Judgment on the Pleadings 861
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.04.03
Excerpt: ...tiff Mario Licona Hemandez ("Plaintiff') filed this action against The People of the State of Califomia, acting by and through the Department of Transportation ("Defendant") (erroneously sued as "California Department of Transportation") and Daniel Parra ("Parra) asserting a single cause of action for negligence. Plaintiff alleges Parra was operating a vehicle in the course and scope of his employment with Defendant when he collided u.ith Plainti...
2023.03.30 Motion to Set Aside Dismissal 136
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.30
Excerpt: ..., 2022, the Court dismissed the Complaint without prejudice after there were no appearances at the non-jury trial or final status conference. On November 23, 2022, Plaintiff filed the instant motion to set aside the dismissal under CCP 5 4731b). 11. LEGAL STANDARD CCP S 473(b) provides that a court may "relieve a party or his or her legal representative from a judgment dismissal, order, or other proceeding taken against him or her through his or ...
2023.03.30 Motion to Compel Responses, for Sanctions 380
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.30
Excerpt: ...RIES (SET ONE) AND REQUEST FOR SANCTIONS (3) DEFENDANT UBER TECHNOLOGIES: INC. 'S MOTION TO COWEL PLAINTIFFS' RESPONSES TO REQUEST FOR PRODUCTION OF DOCUNIENTS (SET ONE) AND REQUEST FOR SANCTIONS Dept. 27 1:30 p.m. 1. 11. 30: 2023 INTRODUCTION On July 19, 2021, plaintiffs Elizabeth Separzadeh and Shiva Bamshad Neman (collectively, ' 'Plaintiffs") filed this action against defendants Uber Technologies, Inc. ("Uber¯): sued as Uber LLC: and Nasim M...

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