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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...
2024.05.07 Motion for Attorney Fees 014
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.07
Excerpt: ...018. Ms. Simone Shah (“Shah”) served as Dwell Management's chief executive officer. Shah later terminated Ackerman's employment. On April 25, 2018, Ackerman filed a claim with the Labor Commissioner to recover unpaid wages and penalties. On November 18, 2021, the Labor Commissioner awarded Ackerman overtime wages of $22,383.38, interest of $8,235.86, and waiting penalties of $5,040.00, for a total of $35,659.24. Dwell Management and Shah (her...
2024.05.07 Demurrer 661
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.07
Excerpt: ... at 1619 W. 70 th Street, Los Angeles, CA, 90047 (the “Subject Property”). In 2008, Escoto was experiencing financial issues and was close to losing the Subject Property. At the time, Escoto was in a committed relationship with Defendant Cesar Enrique Villafuerte (“Defendant” or “Villafuerte”). Villafuerte offered to help. Escoto eventually agreed to transfer the Subject Property to Villafuerte on a short sale basis through a quit cla...
2024.05.03 Motion to Compel Responses 645
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.03
Excerpt: ...Park, LLC and Jeff Kwatinetz (hereafter, “Plaintiffs”), filed this motion to (1) compel Defendant and Cross - Complainant Azealia Banks (“Banks”) to appear at deposition for seven additional ho urs, (2) appointment of a discovery referee at Banks's expense, and (3) imposition of monetary sanctions against Banks in an amount not less than $10,000. The motion is unopposed.[1] II. DISCUSSION & LEGAL STANDARD a. Further Deposition Plaintiffs ...
2024.05.02 Motion to Quash Subpoena of Employment Records 111
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.02
Excerpt: ...tudio Enterprises, Inc. (“WB Studio”) as Manager of Food Service Operations in July 2021. Plaintiff's supervisor was Director of Food Services Steve Caloca (“Caloca”). In February 2022, Plaintiff complained to human resources that Caloca was creating a hostile work environment. After making the complaint, Caloca undermined Plaintiff's relationships with the rest of the staff, ignored her ideas, excluded her from important discussions, gav...
2024.05.02 Motion for Reconsideration 613
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.02
Excerpt: ...on against the City of Los Angeles (sued as the “Los Angeles Police Department”) (hereafter, the “City”).¿ On March 25, 2022, the court sustained the City's demurrer, in part, without leave to amend as to Plaintiff's First Cause of Action for Willful Perjuries, the Serious Violation of the Federal Laws. On January 5, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”).¿ The FAC alleges causes of action for (1) Willfu...
2024.05.02 Demurrer 433
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.02
Excerpt: ...rated a medical practice out of a building he owned on San Vicente Boulevard. Plaintiff alleges that beginning in early 2022, “a tent city was erected around Dr. Wright's medical practice.” (FAC, ¶ 11.) The encampment presented health and safety risks. On February 4, 2023, a fire broke out at the encampment which damaged Dr. Wright's building and surrounding properties. Prior to the fire, Dr. Wright and his staff c alled the Los Angeles Poli...
2024.05.01 Petition for Confirmation of Arbitration Award, Entry of Judgment 409
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.01
Excerpt: ...n (“Arbitrator Burstein”) issued an arbitration award in favor Petitioner Directors Guild of America, Inc. (“Petitioner”) and against Respondents Bontempo Productions, LLC (“Bontempo”), Cayman Filing Holdings Lim ited (“Cayman”), CAPCO Group, LLC (“CAPCO”), and Capitol Films Limited (“Capitol”) (collectively, “Respondent”) in the principal sum of $62,686.06 ($37,511.25 in residuals and $25,174.71 in late charges). The ...
2024.05.01 Motion to Quash Service of Summons, to Set Aside Default, Judgment 794
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.05.01
Excerpt: ... Complaint against Defendant Leonard Fenton (“Fenton” and “Defendant”) for (1) Harassment [Gov. Code § 12940(j)], (2) Wrongful Termination in Violation of Public Policy, ( 3) Intentional Infliction of Emotional Distress, (4) Misclassification as Independent Contractor, (5) Failure to Compensate for All Hours Worked, (6) Failure to Pay Overtime Wages, (7) Unpaid Minimum Wages, and (8) Failure to Provide Breaks. This action arises from Pla...
2024.04.30 Special Motion to Strike 645
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.30
Excerpt: ... action arises from the deterioration of a business relationship between Jeff Kwatinetz (“Kwatinetz”), founder and manager of music production company, Prospect Park, LLC, and Azealia Banks (“Banks”), a recording artist and rapper. On September 20, 2021, Kwatinetz and Prospect Park, LLC (collectively, “Plaintiffs”), filed a Complaint against Banks and Lasagna Girl, LLC (collectively, “Defendants”). The Complaint alleged the causes...
2024.04.30 Petition to Compel Arbitration 797
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.30
Excerpt: ...Oasis”) for the use of medical cannabis growth operations. The parties entered into a written contract. Thereafter, Oasis defaulted on the rent and facility fee payments. Alprop attempted to resolve the dispute without resorting to arbitration. Oasis did not respond. Alprop later opened an arbitration case with JAMS as provided under the partie s' agreement. However, Oasis did not respond to any notice or correspondence from JAMS to participate...
2024.04.30 Motion to Quash Employment Record Subpoena 376
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.30
Excerpt: ...iff 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 accommodation, Elite Veterinary reduced her hour...
2024.04.30 Demurrer, Motion to Strike 084
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.30
Excerpt: ...efendants, 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 July 26, 2023, Plaintiff filed the operative Third Amended Complaint (TAC) alleging causes of action for (1) Legal Malpractice/Negligence, (2) Breach of Fiduciary Duties, (3) Breach of the Covenant of Good Faith and Fair Dealing, and (4) Intenti...
2024.04.26 Motion to Compel Further Responses 596
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.26
Excerpt: ...n, counsel for Plaintiff, Fredrick Smith, filed a Motion to be Relieved as Counsel. The court granted the motion on January 5, 2024. As such, Plaintiff is currently self- represented. On October 12, 2023, Defendant, Clearpath Federal Credit Union, filed these motions to compel Plaintiff's verifications and further responses to Requests for Production, Set One, Nos. 13, 14, 18, 19, 25, and 28- 30, and to compel Plaintiff's verifications to Form In...
2024.04.26 Motion to Compel Arbitration 996
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.26
Excerpt: ...ed Plaintiff through staff agency Partners Personnel – Management Services (“PPMS”). While employed with WePackItAll, Aguilera suffered various hand injuries which required accommodations. After the first injury, WePackItAll did not accommodate Aguilera. He continued working in the same manner and fashion prior to the injury. As a result, Aguilera suffered a second hand injury. WePackItAll did not offer Aguilera an y alternative light duty ...
2024.04.24 Motion to Enforce Settlement Agreement and Enter Judgment 367
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.24
Excerpt: ...e Farm Mutual Automobile Insurance Company, filed a Complaint against Defendants, Ahmad Martin (“Martin”) and John Ruffin (“Ruffin”) for subrogation recovery in the sum of $26,155.80. On April 5, 2021, Ruffin was dismissed from this action. On June 14, 2023, Plaintiff filed the parties' Stipulation for Settlement and Entry of Judgment (“Stipulation”). On the same day, the court dismissed the case without prejudice and retained jurisdi...
2024.04.23 Motion for Sanctions 358
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.23
Excerpt: ...z, for wage and hour violations. On November 14, 2022, Plaintiff served Quik Tow with Plaintiff's First Set of discovery, including Form Interrogatories – Employment Law (“Employment Interrogatories”). Quik Tow did not serve responses. On June 22, 2023, the court granted Plaintiff's motion to compel responses to the Employment Interrogatories. On December 22, 2023, the court granted Plaintiff's motion to compel further responses to the empl...
2024.04.18 Motion to Strike 115
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.18
Excerpt: ...rious rental properties regarding alleged violations of the Investigative Consumer Reporting Agencies Act (ICRAA). On February 14, 2023, Plaintiffs [1], Or Vardi (“Vardi”), Joseph Shuetz (“Shuetz”), Chaninthon Thammasan (“Thammasan”), and Stephanie Steiner (“Steiner”), filed a Complaint, against Defendants, Equity Residential Management, LLC (“ERM”) and TransUnion Rental Screening Solutions, Inc. (sued a s Doe 1, hereafter, �...
2024.04.18 Motion to Compel Arbitration and Stay Action 883
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.18
Excerpt: ...Plaintiff”) was hired as a Residential Assistant Community Manager with Decron Properties Corp. (“Decron”). Pursuant to her employment, Pasquini lived and worked at the Ascent Apartments, which is owned by Villa Cezanne Apartments (“VCA”). Pasquini reported to Senior Community Manager Robin Sidenstecker (“Sidenstecker”) and Director Gino Cesario (“ Cesario”). David Nagel is the CEO of Decron. Decron and VCA are joint employers. ...
2024.04.18 Motion to Compel Responses, to Deem RFAs Admitted 095
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.18
Excerpt: ... AMCO Insurance Company (“AMCO” or “Defendant”), filed a Motion to Compel Plaintiff 3884 Stoneridge LLC (“Stoneridge” or “Plaintiff”) to provide responses to Special Interrogatories, Set One, and a Motion to Deem R equests for Admission, Set One, Admitted against Stoneridge. AMCO seeks sanctions. On April 9, 2024, Stoneridge filed an opposition to the Motion To Deem Admitted, arguing sanctions should be reduced because responses h...
2024.04.17 Motion to Compel Deposition, Further Responses 201
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.17
Excerpt: ...�� or “Plaintiff”) filed this action against Defendant AIDS Healthcare Foundation (“AHF” or “Defendant”). On October 9, 2019, Plaintiff filed the First Amended Complaint (“FAC”). The FAC asserted causes of act ion for: 1. Violation of Labor Code § 1102.5; 2. Violation of Health & Safety Code § 1278.5; 3. Violation of Business & Professions Code § 510; 4. Sexual Orientation Discrimination in Violation of Government Code § 12940...
2024.04.17 Demurrer 983
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.17
Excerpt: ...self -represented litigant, filed a complaint against Defendant LAPD Officer Jaime Morales (“Morales”). On November 30, 2022, Plaintiff filed the Second Am ended Complaint (SAC). The SAC alleged that Plaintiff posted a poem to her private Facebook page, and the next morning, on December 14, 2021, police officers came to her house to conduct a welfare check. (SAC, p. 10.) The officers took her to be evaluated. Plaintif f sues the LAPD and Offi...
2024.04.16 Motion for Attorney Fees 128
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.16
Excerpt: ... filed this action against Defendants, Mercedes -Benz, USA LLC and Keyes European LLC, for violations of the Song- Beverly Consumer Warranty Act. On October 27, 2021, the court granted Defendants' motion to compel arbitration. The case was stayed pending binding arbitration. On July 11, 2023, the parties settled the case. Defendants stipulated that Plaintiffs would be the prevailing party for the purposes of seeking attorney's fees and costs by m...
2024.04.16 Demurrer 236
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.16
Excerpt: ... “Gibson”) is an artist. Defendant Jason Derulo (“Derulo”) is a musical artist signed with major record label Atlantic Recording Corporation (“Atlantic”). Derulo also owns the record label Future History, Inc. (“Future History”). In or around August of 2021, Derulo contacted Gibson about an opportunity to become a successful musician. Thereafter, Gibson entered into agreements with Derulo, Atlantic, and Future History for the purp...
2024.04.12 Motion for Summary Judgment, Adjudication 188
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.12
Excerpt: ... “Hernandez”) purchased a 2020 Kia Forte (“Vehicle”) from Kia of Carson (“Dealer”) on February 18, 2020. The Vehicle had an express warranty. Plaintiff alleges the Vehicle's air conditio ning system was defective. She presented the Vehicle to an authorized Kia repair facility for repair. However, the repair facility was unable to conform the Vehicle to the applicable express warranty after a reasonable number of attempts. The Vehicle ...
2024.04.11 Motion to File Under Seal 257
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.11
Excerpt: ...ha Finance, Ltd., Bolt Ventures Ltd., FCA Capital 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 this Motion to Seal to File Portions of Petition to Confirm Arbitration Award Under Seal. The motion was heard on March 14, 2024. The court continued the hearing for the motion ...
2024.04.11 Motion for Summary Judgment, Adjudication 941
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.11
Excerpt: ...ad faith insurance action. On November 2, 2022, Plaintiffs, Angelique Gomez (“Gomez”) and Martin Gomez Ambriz (“Ambriz”) (collectively, “Plaintiffs”), filed a Complaint against Defendants National General Insurance Company (“NGIC”), Integon National Insurance Company (“Integon”), Freeway Insurance Services, Inc., and Freeway Insurance Services America, LLC, for (1) Breach of Contract, (2) Breach of Duty of Good Faith and Fair ...
2024.04.11 Motion for Protective Order 180
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.11
Excerpt: ...April 29, 2021, Plaintiff Carlos Chavez (“Chavez” or “Plaintiff”) filed a Complaint against Schlumberger Technology Corporation (“Schlumberger”) and Timothy Ramey (“Ramey”) (collecti vely, “Defendants”), alleging causes of action for (1) Interference with Right to Medical Leave under the California Family Rights Act, (2) Retaliation for Taking Medical Leave under the California Family Rights Act, (3) Retaliation for Taking Med...
2024.04.11 Motion for Order for Physical Exam 465
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.11
Excerpt: ...RTY: Plaintiff Sannette Gite I. BACKGROUND This is a quiet title action concerning the real property at 8940 Kramerwood Place, Los Angeles, California 90034 (the “Property”). On December 6, 2021, Plaintiff/Cross-Defendant U.S. Bank National Association (“US Bank”), as trustee for Velocity Commerci al Capital Loan Trust 2019- 3, filed a Complaint against Defendant/Cross -Complainant Sannette Gite (“Gite”). . On January 13, 2023, Gite f...
2024.04.10 Demurrer 051
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.10
Excerpt: ...Defendant, Mokhtar Jabli, for remaining in possession of the real property at 9010 Hopen Place, Los Ange les, California 90069 after failing to pay rent. Plaintiff served Defendant with a 3 -day notice to pay rent or quit. On February 23, 2024, Defendant filed this Demurrer to the Complaint. On April 2, 2024, Plaintiff filed an opposition. Plaintiff requests sanctions against Defendant for unnecessary delay occasioned by the filing of this demurr...
2024.04.10 Motion to Vacate Dismissal, to Enforce Settlement Agreement and Enter Judgment 367
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.10
Excerpt: ...laintiff, State Farm Mutual Automobile Insurance Company, filed a Complaint against Defendants, Ahmad Martin (“Martin”) and John Ruffin (“Ruffin”) for subrogation recovery in the sum of $26,155.80. On April 5, 2021, Ruffin was dismissed from this action. On June 14, 2023, Plaintiff filed the parties' Stipulation for Settlement and Entry of Judgment (“Stipulation”). On the same day, the court dismissed the case without prejudice and re...
2024.04.10 Motion for Leave to File SAC 832
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.10
Excerpt: ...ors, LLC, alleging 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 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 Com...
2024.04.10 Motion for Sanctions 358
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.10
Excerpt: ...z, for wage and hour violations. On November 14, 2022, Plaintiff served Quik Tow with Plaintiff's First Set of discovery, including Form Interrogatories – Employment Law (“Employment Interrogatories”). Quik Tow did not serve responses. On June 22, 2023, the court granted Plaintiff's motion to compel responses to the Employment Interrogatories. On December 22, 2023, the court granted Plaintiff's motion to compel further responses to the empl...
2024.04.09 Motion to Vacate Conditional Dismissal, for Entry of Judgment 598
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.09
Excerpt: ...ber 10, 2023, Plaintiff, American Express National Bank, filed a complaint against Defendants, Jonathan Dahan and MMC Agency Inc. On December 12, 2023, Plaintiff filed the parties' Stipulation for the Court to Dismiss the Case and Retain Jurisdiction Pursuant to Code of Civil Procedure Section 664.6 (“Stipulation”). On the same day, the court dismissed the case without p rejudice and retained jurisdiction to enforce the terms of the settlemen...
2024.04.09 Motion to Compel Further Responses 463
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.09
Excerpt: ...gainst Defendants, Russell S. Balisok (“Balisok”) and Balisok & Associates, Inc., arising out of Defendants' legal representation of Plaintiff in an underlying elder abuse a ction. On September 27, 2023, Plaintiff served Balisok with Set Two of basic discovery, including Request for Production of Documents (“RFP”). On December 27, 2023, Balisok served unverified responses to the RFPs. Plaintiff took issue with the lack of verification and...
2024.04.05 Motion to Compel Deposition 336
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.05
Excerpt: ...n action against Defendants, Aerotek, Inc., Sunpower Solar, Inc., and John Bleem. The First Amended Complaint (FAC) is the operative pleading. On October 5, 2021, Plaintiff filed an amendment to the FAC naming Sunpower Corporation as Doe 1.[1] On February 22, 2024, Sunpower Corporation (hereafter, “Sunpower”) filed this motion to compel Green's deposition.[2] Sunpower requests sanctions against Green. Green filed an opposition. Sunpower repli...
2024.04.03 Motion to Compel Further Responses 358
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.03
Excerpt: ...Gonzalez, for wage and hour violations. On March 5, 2024, Plaintiff timely filed these motions to compel further responses to Form Interrogatories (General), Set One, Nos. 12.1, 15.1, and 17.1; Special Interrogatories, Set One, No. 6; and Request for Production of Documents, Set One, Nos. 1, 2, 4- 8, 19, 20, 25, 28, 31, 35, and 39. Plaintiff requests sanctions against Quik Tow and its counsel. The motions are unopposed.[1] II. LEGAL STANDARD Unde...
2024.04.03 Motion for Entry of Judgment 065
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.03
Excerpt: ...C, 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 January 26, 2024, the court granted Plaintiff's Motion for Judgment on the Pleadings....
2024.04.03 Demurrer 962 (2)
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.03
Excerpt: ...ing causes of action for: 1. Failure to Provide Rest Periods 2. Failure to Provide Meal Periods 3. Failure to Furnish Timely and Accurate Itemized Wage Statements 4. Failure to Pay Minimum Wages 5. Failure to Pay Overtime Wages 6. Retaliation in Violation of California Labor Code § 98.6 7. Retaliation in Violation of California Labor Code § 1102.5 8. Wrongful Termination in Violation of Public Policy 9. Failure to Pay Compensation Due Upon Sepa...
2024.04.03 Demurrer 372
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.04.03
Excerpt: ...n August 3, 2023, Plaintiff Robert Galindo (“Plaintiff” or “Galindo”), filed a Complaint against Defendants, APL Logistics Warehouse Management Services, Inc. (“APL”), Dan Bourcier (“Bo urcier”), and Cleo Chacon (“Chacon”). On September 26, 2023, Plaintiff filed the operative First Amended Complaint (FAC), alleging causes of action for: 1. Lab. Code § 1102.5 Retaliation 2. Lab. Code § 6310 Retaliation 3. FEHA Discrimination:...
2024.03.29 Motion to Compel Responses, to Deem RFAs Admitted 358
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.29
Excerpt: ...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. Quik Tow did not not serve 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 Special Interr...

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