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2023.08.28 Motion to Continue Trial, to Compel IME 031
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.28
Excerpt: ...illen, Rafael Guillen, and Alejandro Guillen, filed this action against Defendants, Hideraldo Vieira and CDL Transport Services, Inc., for injuries arising out of a September 16, 2019 motor vehicle collision.¿ On July 28, 2023, Defendants filed a motion to compel Plaintiff Humberto Guillen to submit to an independent orthopedic examination. This would be Plaintiff's first medical examination. Defendants request sanctions against Plaintiff and hi...
2023.08.28 Motion for Judgment on the Pleadings 657
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.28
Excerpt: ...ously sued as Anschutz Entertainment Group, Inc.), for negligence and premises liability. Plaintiff alleges he was working on a stage at Defendant's property located at 777 Chick Hearn Court, Los Angeles, California, when he tripped on a black electrical outlet box improperly stored and/or placed on the stage by Defendant, causing Plaintiff to fall and sustain injuries. On January 24, 2022, Plaintiff filed a Substitution of Attorney indicating Pl...
2023.08.28 Motion to Compel Further Responses 589
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.28
Excerpt: ...tion against Defendants, Rolling Hills Plaza, LLC (“RHP”) and American Multi-Cinema, Inc. (“AMC”), for (1) general negligence and (2) premises liability arising from injuries Plaintiff allegedly sustained when a piece of tiled ceiling on Defendants' premises broke and hit Plaintiff on the head and shoulders. On February 18, 2022, Plaintiff served Defendants with Set One of Form Interrogatories, Special Interrogatories, Requests for Produc...
2023.08.25 Motion for Leave to Obtain Mental Exam, Subsequent Deposition 120
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.25
Excerpt: ...rez-Morales I. BACKGROUND On December 9, 2021, Plaintiff, Peniel Perez-Morales, filed a Complaint against Defendants, Mayra's Service Cleaning Inc. and Josue Eliseo Rodriguez, for injuries arising from a November 17, 2020 motor vehicle accident. Plaintiff claims she attempted suicide because of the accident. On July 14, 2023, and July 21, 2023, Defendants filed these motions for leave (1) to conduct a psychological examination of Plaintiff with D...
2023.08.24 Motion to Compel Further Responses 937
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.24
Excerpt: ...atina Corporation dba El Super for injuries arising from a slip and fall incident on Defendant's premises. On October 26, 2022, Plaintiff served Defendant with Request for Productions of Documents, Set One. Defendant served responses on December 1, 2022 which Plaintiff found to be inadequate. The meet and confer efforts did not resolve issues. The parties scheduled an Informal Discovery Conference (IDC), which took place on April 25, 2023. At the...
2023.08.24 Motion for Summary Adjudication 598
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.24
Excerpt: ...against Defendants, Holst Brothers, Inc. (“Holst”) and Morteza Ejabat (“Ejabat”) as trustee for the Morteza Ezjabat Trust, for Negligence, Negligence per se, and Premises Liability. Plaintiff alleges he sustained injuries while performing electrical work at 32853 Pacific Coast Highway, Malibu CA 90265 (the “Property”). Plaintiff was employed by Bob Hart's Electric, Inc. (“Hart”) at the time of incident. Holst, the general contract...
2023.08.23 Motions to Compel Further Responses 918
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.23
Excerpt: ... On May 31, 2023, Plaintiff, Carlos Manrique, individually and as Successor in Interest to Janet Trostle-Manrique, filed these motions to compel Defendants, SAAV Appliance Installers, Inc. and Saul Quintero Samano, to provide further responses to Form Interrogatories (Set Two), Request for Production of Documents (Set Two), and Requests for Admissions (Set One). Plaintiff seeks sanctions against Defendants and their counsel of record. The motions...
2023.08.21 Motions to Compel Responses to Discovery 345
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.21
Excerpt: ... injuries Plaintiff sustained when, while riding his scooter on Abbot Kinney Boulevard, his scooter suddenly hit a pothole and caused Plaintiff to fly through the air and collide with a bicycle rack on the sidewalk. On April 26, 2023, Defendant served Plaintiff with its second and third set of discovery, including, Form Interrogatories (Set Two), Requests for Admissions (Set Two), Special Interrogatories (Set Three), and Request for Production of...
2023.08.21 Motion to Submit Tardy Expert Witness List 191
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.21
Excerpt: ...d Powell (“Powell”), Penske Truck Rental, and SPS Ventures, Inc. (“SPS”), for injuries Plaintiff sustained when Powell opened the door to his vehicle and struck Plaintiff while riding a bicycle. On May 17, 2023, Plaintiff served a Demand for Exchange of Expert Information, demanding designation of experts on or before June 21, 2023. On June 20, 2023, Plaintiff timely served her expert witness designation. Plaintiff designated two medical ...
2023.08.21 Motion to Strike Punitive Damages 614
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.21
Excerpt: ...rsonal representative of the Estate of Charles Feck, and Dolores Adams, filed this wrongful death action against Defendants, Gregory Owen and Susan Owen, arising out of a January 14, 2022 motor vehicle accident. According to the Complaint, Cathy Feck was operating a Jeep Grand Cherokee on a clear day on January 14, 2022. Dolores Adams was the front seat passenger and Charles Feck was in the rear right passenger seat. Ms. Feck came to a lawful sto...
2023.08.21 Motion for Leave to File SAC 964
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.21
Excerpt: ...ising from a slip and fall on Defendant's property. On April 5, 2022, Plaintiff filed the First Amended Complaint (“FAC”). Default was entered against Defendant as to the FAC on December 29, 2022. On August 14, 2023, Plaintiff filed this motion for leave to file a Second Amended Complaint (“SAC”) to add the County of Los Angeles as a defendant and to add facts and causes of action for violations of Government Code section 815 and 835, amo...
2023.08.16 Motion for Entry of Judgment 999
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.16
Excerpt: ...nk 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 accompanied by an adult nor asked about her ice skating ability yet was allowed to rent ice skates and to proceed to the ice skating rink. Defendant is alleged to...
2023.08.16 Motion for Determintion of Good Faith Settlement 993
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.16
Excerpt: ...e and Brandon Heredia, filed this premises liability action. On January 14, 2022, Plaintiff filed the First Amended Complaint, against Defendants, Meridian Management, LLC (“Meridian”), Theodore Lenz, Robert Lenz, and the City of Torrance (“City”), alleging that asphalt improperly placed over a concrete sidewalk caused Plaintiff Claudette Leslie to trip and fall. Meridian and the Lenz Defendants, on one side, and City, on the other, have ...
2023.08.16 Motion to Compel Discovery Responses 504
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.16
Excerpt: ...endants, Jia Apartments, Equity Residential Management, L.L.C. (“ERM”), and Chinatown Gateway, L.L.C (“Chinatown Gateway”) for injuries arising from a physical assault while Plaintiff was located in Defendants' premises. Plaintiff alleges that he was walking towards his friends' rental unit in Defendants' premises when he was suddenly attacked by a defendant John Doe. Plaintiff alleges that Defendant Doe was acting within the course and s...
2023.08.16 Motion for Summary Judgment, Adjudication 589
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.16
Excerpt: ...intiff Juan Carlos Rosas Hernandez I. PROCEDURAL BACKGROUND On November 17, 2021, Plaintiff, Juan Carlos Rosas Hernandez, filed this action against Defendants, Steven R. Espinoza aka Steven Ramirez Espinoza, Law Offices of Steven R. Espinoza, APC, and SAE & JGE, LLC, asserting causes of action for (1) general negligence and (2) premises liability.¿¿ On January 31, 2023, Defendants filed a motion for summary judgment, or in the alternative, moti...
2023.08.16 Motion to Continue Trial 590
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.16
Excerpt: ... and as successors in interest to Jacqueline Figg I. BACKGROUND On April 5, 2022, Plaintiffs Emilienne Figg, Dylan Figg, Rachel Figg, Adam Figg, individually and as successors in interest to Jacqueline Figg, initiated this wrongful death action against Defendant, Neil Punt as Special Administrator of the Estate of Henry Punt. Plaintiffs allege that Henry Punt negligently piloted an airplane that resulted in the death off all passengers on the pla...
2023.08.15 Motion to Compel Further Responses 236
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.15
Excerpt: ...iff, Gayle Sharron Liner, filed this action against Defendants, Beverly Hills Properties, LLC and Rochelle H. Sterling Faily Trust, for injuries Plaintiff sustained when she slipped a fell on an oily substance on Defendants' premises. On September 15, 2022, Defendants served Plaintiff with written discovery, including Form Interrogatories, Set One, and Requests for Production, Set One. Plaintiff served responses on November 14, 2022. Defendants t...
2023.08.15 Motion to Compel Deposition of Witness 743
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.15
Excerpt: ...om a dog bite. Plaintiff alleges that Defendant was and is the owner of the subject dog. Defendant propounded discovery requests on Plaintiff. In responses to interrogatories, Plaintiff identified Soheyla Danilian (“Danilian”) as a witness to the incident. Thereafter, Defendant served Danilian with a subpoena and notice of deposition for a May 11, 2023 deposition. Danilian did not appear for her scheduled deposition. On May 23, 2023, Defendan...
2023.08.15 Motion for Determination of Good Faith Settlement 131
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.15
Excerpt: ...ction against Defendants, Kusum R. Shah and Rashmi K. Shah (the “Shahs”), and Rosecrans Gardens Homeowners Association, Inc. (“Settling Defendant”), asserting causes of action for general negligence and premises liability. On the morning of October 30, 2019, Plaintiff was stabbed multiple times by her then boyfriend who entered her bedroom through an unsecured window. Plaintiff was a tenant of a condominium unit owned by the Shahs at the ...
2023.08.15 Demurrer 287
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.15
Excerpt: ...t Defendants, Zoe Dimmmel-Alexeff (“Dimmel-Alexeff”), Alexander Alexeff, USA Triathlon California, Malibu Triathlon Productions, LLC, Super League Holdings PT, LTD, City of Malibu, County of Los Angeles, State of California, State of California Highway Patrol, Total Barricade Services, and State of California, acting by and through the Department of Transportation (“Caltrans”), for injuries sustained in a cyclist vs. motor vehicle inciden...
2023.08.10 Motions to Compel Further Responses 539
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.10
Excerpt: ...McElrath, filed this action against Defendant, Los Angeles County Metropolitan Transportation Authority (“LACMTA”), for injuries Plaintiff sustained as a passenger of a LACMTA bus. On September 20, 2022, Plaintiff served LACMTA with Special Interrogatories, Set One (“Set One”). LACMTA served untimely responses. Further, Plaintiff took issue with the responses. On December 13, 2022, Plaintiff served LACMTA with Form Interrogatories, Set Tw...
2023.08.10 Motion to Continue Trial 379
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.10
Excerpt: ...ial date so that its motion for summary judgment may be heard before trial. Defendants also request for all trial related deadlines to run with the new trial date. Trial is currently scheduled for December 28, 2023. The hearing for Defendants' motion for summary judgment is reserved for March 29, 2024. This is the first request for a trial continuance. The motion is unopposed. II. LEGAL STANDARD TO CONTINUE TRIAL California Rules of Court, rule 3...
2023.08.10 Motion to Compel Deposition of Non-Party Witness 253
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.10
Excerpt: ...LLC ("Twelfth Place"), and Concord Real Estate Services, Inc., for injuries arising from a slip and fall on Defendants' premises. At the tme of the inc:ident, Raul Reyes was employed by Defendant Twelfth Place, On January 28, 2022, Plaintiff personally served Mr. Reyes with a Deposition Subpoena for Personal Appearance and Production of Documents and Things. Mr. Reyes did not object to the subpæna or appear for the scheduled deposition. Thereaft...
2023.08.10 Motion to Compel Compliance with Deposition Subpoena 631
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.10
Excerpt: ... motor vehicle incident. Defendant propounded discovery requests on Plaintiff. In discovery responses, Plaintiff indicated having treated with Shahram S. Mirhashemi, M.D. On January 3, 2023, Defendant personally served Dr. Mirhashemi with a Deposition Subpoena for Personal Appearance and Production of Dr. Mirhashemi did not appear for the scheduled remote deposition. On February 28, 2023, Defendant filed this motion for an order compelling Dr. Mi...
2023.08.10 Demurrer 900
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.10
Excerpt: ...022, Plaintiff, State Farm General Ins. Co., filed this subrogation action against Defendant, Kwok Kong Tung aka Tony Kwok-Tung Kong aka Anthony Kwok-Tung Kong dba KT Construction (“KT Construction”), for damage incurred by Plaintiff's insured, Li Properties, LLC's property at 18 W. Sierra Madre Blvd, Sierra Madre, CA 91204 (the “Property”). Plaintiff alleges that, on September 12, 2019, KT Construction was doing construction on the roof ...

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