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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 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 ...
2023.04.20 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...
2023.04.19 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 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...
2023.04.14 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...
2023.04.13 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 ...
2023.04.13 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 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 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...
2023.04.12 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...
2023.03.30 Motion to Compel Deposition, for Sanctions 540
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.30
Excerpt: ... LENARD AND DARLENE MOKA'S MOTION FOR AN ORDER COMPELLING PLAINTIFF MAYRA PEREZ'S ATTENDANCE AND TESTIMONY AT DEPOSITION AND FOR AN ORDER IMPOSING SANCTIONS Dept. 27 1:30 p.m. March 30, 2023 11. On January 13, 2022, plaintiffs Jenny Iturrios ("Iturrious") and Mayra Perez ("Perez") (collectively, "Plaintiffs") filed this action against defendants EAN Holdings, LLC, Sabrina Nicole Hicks, Rashida Isoke Lenard ("Lenard"), and Darlene Moka ("Moka"). P...
2023.03.29 Motion to Compel Answers, for Monetary Sanctions 036
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.29
Excerpt: ...REQUEST FOR AN ORDER AWARDING MONETARY SANCTIONS AGAINST PLAINTIFF AND PLAINTIFF'S COUNSEL IN THE SUM OF $1,190 Dept. 27 1:30 p.m. 29: 2023 On August 23: 2018: plaintiff Darryl Fish ("Plaintiff') filed this action against defendant Santa Anita Shoppmgtown IN , erroneously sued as Westfield Santa Anita: ("Shoppmgtown") alleging causes of action for general negligence and premises liability. In the Complaint, Plaintiff alleges he sustained injures ...
2023.03.28 Demurrer to FAC 904
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.28
Excerpt: ...his action against defendant Vemce Breeze Suites, LLC and I)'rs 1 to 25 for injuries Plaintiff sustained, when a defective soap dish collapsed and created jagged edges while Plaintiff was using the bathtub. The Complaint asserts causes of action for (1) general negligence, (2) premises liability: and (3) liability. Factual and Procedural Timeline On 14, 2019, Plaintiff stayed at Venice Suites and allegedly suffered injuries from the defective soa...
2023.03.28 Motion to Compel Further Deposition of PMK, for Sanctions 525
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.28
Excerpt: ...f) filed a Complaint against Smart & Final, LLC and Smart & Final Stores, LLC for injuries arising from a slip and fall incident at defendant's premises. On October 5, 2022, Plaintiff filed the instant Motion to Compel Defendant Smart & Final Stores, LLC's ("Defendant") PMK to provide further deposition testimony and produce documents to Categories Nos. 1-5. The five Categories seek Defendant's PMK for Defendant's video surveillance system on the...
2023.03.24 Motion to Compel Deposition, for Monetary Sanctions 664
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.24
Excerpt: ...tiff Marlene Sylvestre ("Plaintiff') filed this action against Culver City Mall LLC (erroneously sued and served as Westfield Culver City) ("Defendant") for injuries sustained in a slip and fall on May 6, 2019. Defendant now moves to compel Plaintiff to appear for and testifr at deposition in this matter. Defendant also seeks an order imposing monetary sanctions against Plaintiff and her attorneys of record in the amount of $2,461.65. Plaintiffs ...
2023.03.23 Motion to Change Venue 336
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.23
Excerpt: ...endants Action Water Sports of Incline Village, LLC ("AWS"), Gary Scott, David Ceruti, E.B. (collectively, "Rental Defendants"), and Michael Goodwin ("Goodwin"), Zakaria Stour ("Stour"), Shawn Willette ("Willette"), and Brenda Poot ("Poot") for personal injuries arising from a boating accident that occurred on Lake Tahoe in an area near Chimney Beach Cove. Chimney Beach Cove is located within Carson City County, Nevada. According to the Complaint...
2023.03.22 Motions to Compel Responses, for Monetary Sanctions 958
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.22
Excerpt: ... INTERROGATORIES FROM DEFENDANT JASMINE PRISCILLA RUIZ AND FOR MONETARY SANCTIONS (3) MOTION TO COMPEL RESPONSES AND PRODUCTION OF DOCUMENTS AND THINGS: WITHOUT OBJECTIONS TO FIRST SET OF DEMANDS FOR INSPECTION AND COPYING FROM DEFENDANT JASMINE PRISCILLA RUIZ AND FOR MONETARY SANCTIONS (4) MOTION TO COMPEL RESPONSES WITHOUT OBJECTIONS TO FIRST SET OF FORM INTERROGATORIES - GENERAL FROM DEFENDANT ILARIO RUIZ AND FOR MONETARY SANCTIONS (5) MOTION ...
2023.03.21 Demurrer 594
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.21
Excerpt: ...terprise Rent-A-Car Company of Los Angeles: LLC ("Enterprise) (erroneously sued as Alamo Rent a Car) arising from a motor vehicle collision that 'Rcuned on 9, 2019. Plaintiff alleges causes of action for (1) motor vehicle and (2) general negligence. The first cause of action is asserted against Enterprise On February 15 , 2023, Enterprise filed this demurrer, arguing that the Complaint fails to state a cause of action against Enterprise because (...
2023.03.20 Motion to Compel Further Responses 721
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.20
Excerpt: ...defendant Stanley Schuster ("Defendant") arising from a May 7, 2019 pedestrian and motor vehicle collision. On December 22, 2022, Defendant filed this motion to compel Plaintiffs further responses to Special Interrogatories, Set Three, Nos. 32, 34, and 35. On February 27, 2023, the parties engaged in an Informal Discovery Conference, but could not resolve the discovery issues. The Court ordered the parties to meet and confer by March 8, 2023 in h...
2023.03.20 Motion for Terminating Sanctions 868
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.20
Excerpt: ...ist arbitration with Le Tuyet Dam ("Respondent") relating to an October 25, 2019 automobile accident. On December 30, 2022, the Court granted Petitioner's motions to compel Respondent to serve responses to Form Interrogatories, Special Interrogatories, and Requests for Production of Documents. Petitioner was ordered to serve verified responses within twenty (20) days of the Court's ruling. The Court, however, declined to impose monetary sanctions...
2023.03.20 Motion for Leave to File Complaint-In-Intervention 902
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.20
Excerpt: ...against defendant Gregory Dicostanza ("Defendant") and Does 1 to 10, arising out of a January 24, 202 motor vehicle collision. On August 4, 2022, Plaintiff named LA Excavating, Inc. as Doe 1. Insurance Company of the West ("ICW") now brings this motion for leave to file a complaint-in-intervention. 11. No opposition has been filed. LEGAL STANDARD "A nonparty shall petition the court for leave to intervene by noticed motion or ex parte application...
2023.03.17 Motion to Compel Responses, for Monetary Sanctions 477
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.17
Excerpt: ...: plaintiff Jose Luis Gonzalez ("Plaintiff') 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 December 16, 2019, Jasmine Ruiz and Ilario Ruiz filed a cross-complaint against Jose Echevarria and Juan Gonzalez On July 6, 2021 Echevarria filed a cross-complaint against Jasmine Ruiz and Ilario Ruiz On February 17 2023 Echeva...
2023.03.16 Motion to Compel Deposition of PMK, Production of Docs 261
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.16
Excerpt: ...r 4, 2020, plaintiff Alicia Manrras ("Plaintiff') filed this action against defendant Costco Wholesale Corporation ("Defendant") arising out of a January 27, 2018 slip and fall. On December 8, 2022, Plaintiff filed this motion to compel the deposition of Defendant's person most knowledgeable ("PMK"). No opposition has been filed. LEGAL STANDARD A. Compel Depositions A party can move to compel a party's deposition where the deponent fails to proce...
2023.03.15 Motion to Quash Deposition Subpoena for Production of Business Records, for Monetary Sanctions 084
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.15
Excerpt: ... THE AMOUNT OF $1,810.00 Dept. 27 1:30 p.m. March 15, 2023 I. BACKGROUND On May 6, 2022, plaintiff Maria D. Garcia Martinez (“Plaintiff”) filed this action against defendants Angel Jesus Aragon (“Aragon”), Bandar Khaled Al Badawi, Omaymah El Kurdi, Bobs Towing Services And Recovery, Inc. dba Bobs Towing (“BTS”), Safeway Towing Service, Inc. (“Safeway Towing”), and Does 1 through 30, inclusive (collectively, “Defendants”) for n...
2023.03.15 Demurrer to TAC, Motion to Strike 256
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.15
Excerpt: ...intiff Ashley Webb (“Plaintiff”) filed this action against defendants Andranik Alikyan and Mariam Panadzhyan (“Panadzhyan”) (collectively, “Defendants”) arising out of a motor vehicle collision on December 20, 2020. On December 12, 2022, Plaintiff filed a First Amended Complaint (“FAC”) asserting causes of action for (1) motor vehicle, (2) general negligence, and (3) intentional tort. On February 16, 2023, Defendants filed this de...

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