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2024.05.31 Motion to Compel Further Responses 995
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.31
Excerpt: ...ting to a 2019 Chevrolet Silverado (the “Vehicle”). On March 17, 2023, Plaintiff, Charles Wilder, filed a Complaint against Defendant, General Motors, LLC, after Defendant failed to repair the transmission of the Vehicle, among other parts, pursuant to a Chevrolet Limited Warranty for the Vehicle. On November 7, 2024, Plaintiff filed the Second Amended Complaint (“SAC”). In the SAC, Plaintiff asserts causes of action for (1) Breach of Imp...
2024.05.31 Motion to Compel Further Responses, for Sanctions 974
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.31
Excerpt: ...EFENDANT SAVAS SIRIKCI AND REQUEST FOR SANCTIONS OF $3,150 (2) PLAINTIFF SIG EP HOUSING OF CALIFORNIA BETA, LLC'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET TWO, PROPOUNDED ON DEFENDANT SAVAS SIRIKCI AND REQUEST FOR SANCTIONS OF $3,150 Dept. 31 1:30 p.m. May 31, 2024 I. BACKGROUND On January 30, 2023, Plaintiff SIG EP Housing of California, LLC (“Plaintiff”) filed this action against defendants Savas Sirkci,\ Daniel Sa...
2024.05.30 Demurrer, Motion to Strike 549
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.30
Excerpt: ...for The Popa Family Living Trust I. INTRODUCTION Laurentia Popa and Andrea Princess Popa Williams, as Trustees of The Popa Family Living Trust (“Plaintiffs”), are the owners of the real property located at 4803 Bonvue, Los Angeles, California (“Bonvue Property”). Irma M. Fitzgibbons, individually and as Trustee of the Irma M. Fitzgibbons Survivor's Trust (“Defendants”), is the owner of the real property located at 4822 Glencairn Dr., ...
2024.05.30 Demurrer 715
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.30
Excerpt: ...HeartMedia + 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, Plaint...
2024.05.29 Motion to Set Aside Default 911
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.29
Excerpt: ...ated by Defendant. Plaintiff alleges breaches of the warranty of habitability, among other claims . Defendant answered the complaint on December 30, 2021. On August 28, 2023, Defense Counsel substituted out of the case. Defendant did not retain counsel. On September 5, 2023, Plaintiff announced ready for trial. Defendant requested additional time to acquire legal representation. The court continued the Final Status Conference to November 3, 2023....
2024.05.29 Motion to Compel Further Responses to Discovery 422
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.29
Excerpt: ...otion to compel Defendant, General Motors, LLC, to provide further responses to Plaintiff's Request for Production of Documents, Set One, Nos. 16- 21. Plaintiff seeks documents concerning a transmission defect in the subject vehicle. On February 1, 2024, the parties entered into a Stipulated Protective Order. The motion came on for hearing on February 13, 2024. Because the parties had not participated in an Informal Discovery Conference (IDC) pri...
2024.05.23 Motion to Vacate Dismissal 540
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.23
Excerpt: ...ngeles Adventurer All -Suite Hotel (“Martini Associates”), alleging various Labor Code violations, and, in relevant part , Private Attorney General Act (PAGA) claims. The operative pleading is the First Amended Complaint (FAC). On January 21, 2021, Plaintiff added Frank Martini as a defendant in this action by way of Doe amendment. On April 25, 2022, Martini Associates and Frank Martini (collectively, “Defendants”) filed a demurrer to the...
2024.05.23 Motion to Set Aside Default 911
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.23
Excerpt: ...ated by Defendant. Plaintiff alleges breaches of the warranty of habitability, among other claims . Defendant answered the complaint on December 30, 2021. On August 28, 2023, Defense Counsel substituted out of the case. Defendant did not retain counsel. On September 5, 2023, Plaintiff announced ready for trial. Defendant requested additional time to acquire legal representation. The court continued the Final Status Conference to November 3, 2023....
2024.05.22 Motion to Quash Deposition Subpoena 376
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.22
Excerpt: ... the Antelope Valley I. BACKGROUND Plaintiff Kimberly Echeverria (“Echeverria” or “Plaintiff”) began working for Elite Veterinary Corporation (“Elite Veterinary”) in July 2021. Echeverria later became pregnant. During her pregnancy, Echeverria suffered extreme morning illness which forced her to miss work or caused her to begin work later than her scheduled shift. Because of her need for intermittent pregnancy leave and modest accommo...
2024.05.22 Motion to Compel Further Responses 188
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.22
Excerpt: ...this motion to compel Defendant Kia America, Inc. (“KA”), to provide further responses to Plaintiff's Request for Production of Documents (RP D), Set Two, Nos. 49 and 51. Plaintiff seeks sanctions against KA and its counsel of record. KA filed an opposition. Plaintiff replied. II. LEGAL STANDARD Under Code of Civil Procedure section 2031.310, parties may move for a further response to requests for production of documents¿where an answer to t...
2024.05.22 Motion for Attorney Fees on Appeal 832
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.22
Excerpt: ...Lucas Auto” or “Defendant”), Hudson Insurance Company, and Does 1 through 75. On April 5, 2021, Plaintiff filed the First Amended Complaint (“FAC”), alleging, in relevant part, violations of the Consumer Legal Remedies Act (CLRA) and the Song-Beverly Consumer Warranty Act (Song -Beverly). On June 22, 2021, the clerk entered default against Lucas Auto. On October 13, 2021, after Plaintiff dismissed Hudson Insurance Company and Doe Defend...
2024.05.22 Demurrer, Motion to Strike 657
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.22
Excerpt: ...rustee of the MF Hero Trust, filed a Verified Complaint against Defendants Stephen Snyder (“Snyder” or “Defendant”)[1] and 3327 Ione, LLC (“Ione”), for (1) Breach of Contract, (2) Intentional Misrepresentation, (3) Fraudulent Concealment, (4) Negligent Misrepresentation, (5) Breach of Fiduciary Duty, and (6) Declaratory Relief. Plaintiff alleges that he and Ione entered into an investment agreement (the “Agreement”), secured by a ...
2024.05.21 Demurrer 973
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.21
Excerpt: ...l 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 Thir d Causes...
2024.05.21 Motion to Quash Deposition Subpoena 161
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.21
Excerpt: ...liation action. On July 11, 2023, Plaintiff, Linda Mansolillo, filed a Complaint against Defendant, GRAIL LLC (sued as “GRAIL, Inc.”), for (1) Harassment in Violation of FEHA, (2) Discrimination in Violation of FEHA, (3) Retaliation in Violation of FEHA, (4) Failure to Prevent Discrimination and Harassment in Violation of the Fair Employment & Housing Act, (5) Violation of California Equal Pay Act, (6) Discrimination and Retaliation in Violat...
2024.05.21 Motion to Compel Further Responses to Discovery 392
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.21
Excerpt: ... Inc. (KA) and thereafter propounded Request for Production of Documents, Set One, among others. KA served responses. After review of the responses and document pr oduction, Plaintiff determined that the responses to Request Nos. 8- 10, 12, 17, 19, 22, 26-27, 33, 40, 55, 63, 64, and 66-69 were evasive and incomplete and the objections were without merit or too general. On March 1, 2023, the court (Judge Yolanda Orozco) issued a Notice of Case Man...
2024.05.16 Motion to Seal Docs, to Terminate Royalty or for Modification of Royalty 112
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.16
Excerpt: ...FOR MODIFICATION OF ROYALTY INJUNCTION TO PERMIT PAYING ROYALTIES INTO AN INTEREST- BEARING ESCROW ACCOUNT I. BACKGROUND On July 9, 2014, Plaintiff Pine Valley, Inc. (“Pine Valley”) filed a Complaint against Defendants, Ajinomoto North 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) ...
2024.05.16 Motion to Enforce Settlement 264
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.16
Excerpt: ...otice of Settlement of Entire Case. On January 19, 2017, Plaintiff and Defendant Carmiel Cohen entered into a Settlement Agreement and Release (the “Agreement”). The court dismissed the action pursuant to the Agreement on February 16, 2017. The parties, who have two children together, agreed that Defendant was to make child support payments until the parties' youngest child turned 18 years of age on July 25, 2021, and to pay Plaintiff the sum...
2024.05.16 Motion to Compel Responses, to Deem RFAs Admitted 703
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.16
Excerpt: ...cel” or “Plaintiff”) filed these motions to compel Defendant Tigran Petrosyan (“Petrosyan” or “Defendant”) to provide responses to Form Interrogatories, Set One, and to have Requests for A dmission, Set One, deemed admitted against Petrosyan. Excel also seeks sanctions against Petrosyan and his counsel of record. The motions are unopposed.[1] II. LEGAL STANDARD If a party to whom interrogatories were directed fails to serve a timely...
2024.05.15 Motion to Compel Arbitration 178
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.15
Excerpt: ...tive. In 2003, Kassan founded the strategic advisory firm MediaLink LLC (“MediaLink”). In 2021, United Talent Agency LLC (“UTA”) MediaLink, and Kassan entered into the Partner Services Agreement (the “PSA”) for UTA's acquisition of MediaLink. The PSA contains restrictive covenants for noncompetition and nonsolicitation. As part of the acquisition, Kassan remained CEO of MediaLink and became a partner at UTA. After joining UTA, allege ...
2024.05.15 Demurrer, Motion to Strike 685
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.15
Excerpt: ...ervices. As relevant here, Sanchez provided gardening services on the property of Defendant Suzanne De Passe (“De Passe” or “Defendan t”) for approximately 18 years. From 2003 through May 2021, Sanchez performed services in the total sum of $36,000. De Passe did not pay the balance owed. On September 8, 2023, Plaintiff filed a Complaint against Defendant for (1) Breach of Contract, (2) Fraud, and (3) Common Counts. On March 15, 2024, Plai...
2024.05.14 Petitions to Vacate Arbitration Award, to Confirm Award 414
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.14
Excerpt: ...�Kull”); and Natasha Nathan (“Nathan”) (collectively “Defendants”), for wrongful termination and violations of the California Labor Code and the FEHA. Plain tiff alleges that Kull and Nathan discriminated against him because of his age. On July 22, 2022, Defendants moved to compel arbitration. The court granted the motion on August 17, 2022. The arbitration proceeded with JAMS. Arbitrator Zela G. Claiborne (Arbitrator Claiborne) issued ...
2024.05.14 Petition to Confirm Arbitration Award 257
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.14
Excerpt: ...l Ltd., and Rocio Trading Corporation, filed a Petition to Confirm Contractual Arbitration Award against Respondent, RT Features U.S., LLC (“RT Features”). The Petition is redacted. On January 25, 2024, Petitioners filed a Motion to File Portions of Petition to Confirm Arbitration Award Under Seal. The court granted the unopposed motion on April 11, 2024. On April 15, 2024, Petitioners served Respondent with Notice of Hearing for the Petition...
2024.05.09 Motion to Compel Compliance with Order, for Monetary Sanctions 662
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.09
Excerpt: ...roquin, to provide responses to Plaintiff's Requests for Production of Documents, Set One. While the motion was pending, Defendant served responses which i ncluded objections. Neither party apprised the court that responses had been served. On November 30, 2023, the court granted Plaintiff's motion to compel. The court ordered Defendant to provide objection-free responses within 30 days of the date of the court's order. Thereafter, Plaintiff inqu...
2024.05.08 Motion to Compel Responses 660
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.08
Excerpt: ...TO REQUESTS FOR PRODUCTION OF DOCUMENTS (SET ONE) MOTION FOR ORDER ESTABLISHING ADMISSIONS TO PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE) AGAINST MERCEDES -BENZ USA, LLC MOVING PARTY: Plaintiff Christina Gozy RESPONDING PARTY: Defendant Mercedes-Benz USA, LLC I. INTRODUCTION On March 29, 2024, Plaintiff, Christina Gozy, filed these motions to compel Defendant, Mercedes- Benz USA, LLC, to provide responses to Plaintiff's First Set of Form Interro...
2024.05.08 Demurrer 067
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.08
Excerpt: ...ks and Andrew Dinksy I. BACKGROUND This is a construction defect case. David Bilfeld (“Bilfeld”) and his company, 1978, LLC, were in the business of developing and building residential homes. In 2018, Plaintiff Cathy Arkley (“Plaintiff”) entered into an agreement to purchase a residential property located at 462 N. Croft Avenue, Los Angeles, California 90048 (the “Subject Property”) from Bilfeld and his company. Douglas Elliman of Cal...

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