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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 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...
2024.04.30 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 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...
2024.04.26 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 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...
2024.04.18 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. ...
2024.04.17 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 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...
2024.04.16 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...
2024.04.12 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 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 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...
2024.04.10 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 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...
2024.04.09 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...
2024.03.29 Demurrer, Motion to Strike 374
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.29
Excerpt: ...berian, filed a Complaint against Defendants, Walt Disney Pictures, The Walt Disney Company, Disney Worldwide Services, Inc., Chester Carr (“Carr”), Sara Fredericks, (“Fredericks”), and Scott Mohler (“Mohler”). On November 7, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for: 1. Discrimination in Violation of the FEHA 2. Hostile Work Environment Harassment in Violation of the FEHA 3...
2024.03.28 Motion to Set Aside Dismissal and Enter Judgment 137
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.28
Excerpt: ...ary 3, 2023, Plaintiff filed a Notice of Settlement. On March 9, 2023, Plaintiff filed the parties' Stipulation for Entry of Judgment. On April 18, 2023, pursuant to Plaintiff's oral motion to dismiss under CCP section 664.6, the court dismissed the case without prejudiced and retained jurisdiction to enforce any and all terms of settlement, including judgment. On July 7, 2023, Plaintiff filed Response to the OSC re Dismissal, stating that the ma...
2024.03.28 Motion for Post-Judgment Attorney Fees 832
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.28
Excerpt: ...ra, filed this action against Defendants Lucas Auto Center Inc. (“Lucas Auto”), 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 and the Song-Beverly Consumer Warranty Act. On June 22, 2021, the clerk entered default against Lucas Auto. On October 13, 2021, after Plaintiff dismissed Hudson Insura...
2024.03.27 Motion for Summary Judgment, Adjudication 180
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.27
Excerpt: ...Y JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION This is a discrimination, retaliation, and wrongful termination case. On April 29, 2021, Plaintiff, Carlos Chavez, filed a Complaint against Defendants, Schlumberger Technology Corporation and Timothy Ramey, 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 Ri...
2024.03.22 Motion to Confirm Arbitration Award, for Attorney Fees 908
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.22
Excerpt: ... RESPONDING PARTY: No opposition I. BACKGROUND On June 6, 2023, Arbitrator Mark Burstein (“Arbitrator Burstein”) issued an arbitration award in favor Petitioners Board of Trustees of the Cement Masons Southern California Health and Welfare Fund; Board of Trustees of Southern California Pension Trust; B oard of Trustees Eleven Counties Cement Masons Vacation Savings Plan; Board of Trustees Cement Masons Joint Apprenticeship Trust; and Board of...
2024.03.22 Motion to Compel Arbitration 841
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.22
Excerpt: ... working together in the early 2000s. At some point, they were both hired by TCW. Robles was hired as Ravich's personal assistant. In June 2019, TCW fired Ravich. Robles was termina ted as well. In August of 2019, Ravich, who was CEO of Libra Securities Holdings, LLC (“Libra”), hired Robles as the Chief Operating Officer. Robles signed an Employment Agreement (“Agreement”) and Release with Libra. As relevant here, the Agreement contains a...
2024.03.21 Demurrer 429
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.21
Excerpt: ...hris Furie (“Furie”), a real estate broker, for assistance in purchasing a property located at 943 N. Laurel Avenue in Los Angeles, California. Ins tead of assisting Plaintiff with the purchase of 943 N. Laurel Avenue, Furie proposed the purchase of 944 N. Laurel Avenue in Los Angeles, California (“Subject Property”). Furie represented that he and his company, 944 Laurel, LLC (“944 Laurel”), were in the process of purchasing the prope...
2024.03.21 Motion to Strike, to Continue Discovery Deadlines 087
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.21
Excerpt: ...FACTUAL AND PROCEDRUAL BACKGROUND This is a wrongful death case. On December 18, 2021, Darrell Caldwell (AKA Drakeo the Ruler) (“Mr. Caldwell” or “Decedent”) was stabbed backstage at the “Once Upon A Time in LA” music festival (“Music Festival”). Mr. Caldwell was 28 years old, and a hip hop recording artist. He was stabbed and killed moments before going on stage. In the First Amended Complaint, Plaintiff Caiden Caldwell (Decedent...
2024.03.21 Motion to Compel Further Responses 714
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.21
Excerpt: ... INTRODUCTION On December 21, 2022, Plaintiff, David Aguilera, filed this lemon law action against Defendant, GM Motors, LLC, alleging 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, and (3) Fraudulent Concealment. On February 20, 2024, Plaintiff filed these motions to compel Defendant's further responses to Special Interrogatories, Set...
2024.03.21 Motion to Use Personnel Records at Trial or for Disclosure of Peace Officer Personnel Records 158
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.21
Excerpt: ... Plaintiffs Art Hernandez, et al. I. INTRODUCTION In this action, several sheriff deputies who were formerly assigned to the East L.A. station allege that they were pressured to quit their jobs or leave the station and that they were otherwise harassed by other deputies who are alleged members of a gang k nown as the Banditos. They allege discrimination, harassment, retaliation, and related claims against Defendant County of Los Angeles (“Count...
2024.03.20 Motion for Summary Judgment, Adjudication 321
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.20
Excerpt: ...MF Pershing Square, LLC (“Plaintiff”) against Defendant Home Furniture International, LLC (“Defendant”) for possession of residential real property located at 448 S. Hill S treet, Suite 1101-1112, in Los Angeles (the “Property”). On February 21, 2024, Plaintiff filed a verified UD complaint against Defendant. On March 1, 2024, Defendant filed its answer to Plaintiff's UD complaint. On March 6, 2024, Plaintiff filed this motion for sum...
2024.03.20 Motion for Attorney Fees 116
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.20
Excerpt: ... (“Wilber”) and Alejandro Jose Guerrero (“Guerrero”). Plaintiff is the landlord and Defendants are the tenants of the certain real property located at 1186 S. Crocker Street, Los Angeles, California 90021 On May 31, 2022, the clerk of the court entered default as to Guerrero. On August 5, 2022, the court set aside the default against Guerrero. On May 25, 2023, the court granted Plaintiff's motion for summary adjudication on nine of twelve...
2024.03.15 Motion to Compel Further Responses 459
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.15
Excerpt: ...ENDANT J.P. MONEY TAX GROUP, INC. TO PROVIDE FURTHER RESPONSES TO THE SPECIAL INTERROGATORIES, SET TWO MOTION TO COMPEL DEFENDANT J.P. MONEY TAX GROUP, INC. TO PROVIDE FURTHER RESPONSES TO THE REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO MOVING PARTY: Plaintiff German Pantoja Reyes RESPONDING PARTY: Defendants Johann Peeters and J.P. Money Tax Group, Inc. I. INTRODUCTION On July 12, 2022, Plaintiff, German Pantoja Reyes, filed a Complaint against...
2024.03.15 Motion to Compel Arbitration and Stay Action Pending Arbitration Outcome 052
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.15
Excerpt: ...ursuant to Private Attorneys General Act (PAGA). On April 7, 2020, Plaintiff, Diana Gonzalez, filed a Complaint against Defendants, V.F. Corporation which conducts business in California as Pennsylvania V.F. Corporation (“V.F. Corporation”); and Volt Information Sciences, Inc. (“Volt”), for: (1) Minimum Wage Violations (Labor Code §§1182.12, 1194, 1194.2 and 1197); (2) Failure to Pay All Overtime Wage (Labor Code §§ 204, 510, 558, 119...
2024.03.15 Motion for Trial Preference, to Compel Arbitration 236
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.15
Excerpt: ...ate. The Court of Appeal commanded that the court “vacate that portion of [this] order of December 21, 2023 denying the motion for trial preference and thereafter make a new and different order referring the motion for trial preference to the neutral arbitrator.” The court intends to follow the commandment of the Court of Appeal. The court modifies Section I of this Order as written below . The court leaves unchanged Section II. I. MOTION FOR...
2024.03.15 Demurrer 736
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.15
Excerpt: ...D. (“Plaintiff” or “Dr. Najibi”) was a vascular surgeon who was a health care worker, health care practitioner, physician, and member of the medical staff at Providence Health System -Southern California, Providence Health & Servic es, and Providence Saint Joseph Medical Center (collectively, “Providence”). While employed at Providence, Dr. Najibi served as the chair of the patient optimization committee. The committee initiated ongoi...
2024.03.14 Petition to Confirm Contractual Arbitration Under Seal 257
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.14
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 is unopposed. As a procedural matter, the court notes that there is no proof...
2024.03.14 Demurrer, Motion to Strike 458
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.14
Excerpt: ...filed this action against Defendants Secured Income Fund- 11, LLC (“Secured Income”); PLM Lender Services, Inc. (“PLM Lender”); Mo Taxon; and Fedora Taxon. The operative complaint is the First Amended Complaint (FAC). The FAC alleges causes of action for (1) Intentional Interference with Contract, (2) Breach of Implied Covenant of Good Faith and Fair Dealing, (3) Declaratory Relief, (4) Unjust Enrichment, (5) Breach of Implied Terms of Wr...
2024.03.13 Motion to Stay Deposition, Quash Notice Deposition, and Quash Subpoena, for Protective Order 715
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.13
Excerpt: ...OTICES OF DEPOSITION TO SILVER BIRD AUTO LEASING LLC AND FILIPPO MARCHINO, AND FOR A PROTECTIVE ORDER DEFENDANTS' MOTION TO STAY DEPOSITION OF, QUASH NOTICE OF DEPOSITION OF, AND QUASH SUBPOENA TO GEICO, AND FOR A PROTECTIVE ORDER MOVING PARTY: Defendants Silver Bird Auto Leasing LLC, et al. RESPONDING PARTY: Plaintiff People of the State of California ex Rel. Heath & Yuen, APC I. BACKGROUND Factual Background This is an insurance fraud case aris...
2024.03.13 Motion to Quash Subpoena for Medical Records 298
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.13
Excerpt: ...n action. On September 26, 2023, Plaintiff, Emmanuel Akuamoah, filed a Complaint against Defendant, Kaiser Foundation Hospitals, alleging causes of action for (1) Retaliation in Violation of CFRA, (2) Violat ion of Labor Code §§ 233, 234, 246.5, (3) Disability and Associational Disability Discrimination (FEHA), (4) Violation of Labor Code §§ 1102.5-1105, (5) Retaliation (FEHA), (6) Wrongful Termination in Violation of Public Policy, and (7) F...
2024.03.12 Demurrer 816
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.12
Excerpt: ...nager by KPMG, LLC (“KPMG”). During his employment, Plaintiff notified his Performance Management Leader, Alia Pallera, that he would be t aking paternity leave on March 3, 2023 in anticipation of the birth of his child. On February 15, 2023, Plaintiff was terminated from his employment with KPMG. On August 8, 2023, Plaintiff filed this action against Defendants, KPMG, Alia Pallera, Richard Ho, and Joseph Roppo, alleging causes of action for:...
2024.03.07 Motion to Confirm Arbitration Award 356
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.07
Excerpt: ...ROCEDURAL BACKGROUND On June 4, 2021, Plaintiffs, Patricia Hall Carlton and Richard Hall, Children and Successors in Interest of Mildred Hall, filed a First Amended Complaint against Defendants, Front Porch Communities and Services (“Front Porch”), Randy Herzig, Nadine Roisma n, Pamela Lowe, and Lisa Stephens LVN, arising from the retaliatory eviction of Mildred Hall from Front Porch's facilities. On September 22, 2021, the court granted Fron...
2024.03.07 Motion to Compel Further Responses to Discovery 766
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.07
Excerpt: ...hPiper LLC, healthPiper PC, and Dr. Joshua Edward Freedman. On February 2, 2023, Plaintiff served healthPiper LLC and healthPiper PC (collectively, “healthPiper Defendants”) with Special Interrogatories, Set One, and Requests for Production of Documents, Set One. On April 7, 2023, after Plaintiff granted four exte nsions to respond to discovery, healthPiper Defendants served objection-only responses. Plaintiff took issue with the responses. T...
2024.03.06 Motion for Attorney Fees, to Strike or Tax Costs 632
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.06
Excerpt: ...(“GM”) for violations of the Song- Beverly Act. On September 26, 2023, Plaintiff accepted GM's section 998 offer to settle the case. On November 7, 2023, Plaintiff's counsel represented to the court that the issue of attorney fees and costs was pending and more time was needed to submit the Request for Dismissal. On November 16, 2023, Plaintiff filed a Memorandum of Costs. On November 22, 2023, Plaintiff filed a motion for attorney fees, cost...
2024.03.06 Application for Determination of Good Faith Settlement 737
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.06
Excerpt: ...L AND PROCEDRUAL BACKGROUND This is a wrongful death case. On December 18, 2021, Darrell Caldwell (AKA Drakeo the Ruler)(Mr. Caldwell or “Decedent”) was stabbed backstage at the “Once Upon A Time in LA” music festival (“Music Festival”). Mr. Caldwell was 28 years old, and a hip hop recording artist. He was stabbed and killed moments before going on stage. In their First Amended Complaint Plaintiffs Darrylene Corniel (Decedent's mother...
2024.03.05 Demurrer, Motion to Strike 299
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.03.05
Excerpt: ...intiffs John and Polly Castillo (Plaintiffs), filed a Complaint against Defendant California Automobile Insurance Company (CAIC) for (1) Breach of the Contractual Duty to Pay a Covered Claim, (2) Breach of the Duty of Good Faith and Fair Dealing, and (3) Violation of Business and Professions Code section 17200. A copy of the policy is not attached to the Complaint. According to the Complaint, Plaintiffs lost their home in a fire. At that time, Pl...
2024.02.29 Motion to Set Aside Default 238
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.29
Excerpt: ...i”) and Joshua Michael Rosenblatt (“Rosenblatt”), alleging Defendants ceased making monthly rent payments on April 1, 2020 pursuant to a lea se agreement between the parties. Defendants vacated the property on or about July 31, 2021. On June 30, 2023, Plaintiff served Defendants with the summons and complaint by personal service. On July 21, 2023, defense counsel Alexander Merino requested an extension of time to respond to the Complaint. M...
2024.02.29 Motion to Disqualify Counsel 523
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.29
Excerpt: ...endants, Porsche Cars North America, Inc. (“Porsche”) and Beverly Hills Porsche. On September 15, 2023, Plaintiff filed the operative First Amended Complaint, alleging c auses of action for (1) Violation of Song-Beverly Consumer Warranty Act; (2) Breach of Implied Warranty of Merchantability; (3) Negligent Repair; (4) Misrepresentation; and (5)Violation of Magnuson-Moss Warrant Federal Trade Commission Improvement Act. On January 26, 2024, Pl...
2024.02.29 Motion for Sanctions 914
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.29
Excerpt: ... against Defendants, Volkswagen Group of America, Inc. (“VGA”) and Antelope Valley Volkswagen, for various violations of the Song- Beverly Act. Plaintiff leased a 2019 Volkswagen Tiguan (the “Vehicle”) which included a bumper to bumper warranty. During the warranty period, the Vehicle contained or developed defects. Plaintiff presented the Vehicle for repair, but Defendants were unable to repair the Vehicle aft er a reasonable number of o...
2024.02.28 Motion for Leave to File FAC 642
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.28
Excerpt: ...rcia legal, filed a Judicial Council Form Complaint against Defendants, Esperanza Molina, individually and as Trustee of the Esperanza Molina Trust, for (1) Breach of Contract; (2) Common Counts; and (3) Declaratory Relie f. The following facts are not in dispute: Monica Molina, a lawyer, filed a quiet title action —Molina v. 304 Crane LLC, LASC Case No. BC659809—in April 2017 on behalf of her mother Esperanza Molina. In September 2017, Monic...
2024.02.27 Motion to Quash Deposition Subpoena for Production of Business Records 161
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.27
Excerpt: ...iscrimination and retaliation 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...
2024.02.27 Demurrer, Motion to Strike 282
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.27
Excerpt: ...ng the purchase of a liquor store business. There are three parties. Plaintiff, Hayk Grigoryan, was the prospective buyer of the business. JK Liquor was the seller of the business. The Sima Bi gelson 2000 Revocable Trust (the “Trust”) was the owner of real property where the business was located. In March of 2023, Plaintiff agreed to purchase the business from JK Liquor and deposited around $190,000 into escrow. The Trust was not a party to t...
2024.02.23 Demurrer, Motion to Strike 073
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.23
Excerpt: ...��Santa Paseo”) filed a Complaint against Defendant, CAPREF Paseo, LLC.¿ On October 10, 2022, Defendant's demurrer to the Complaint was sustained with leave to amend.¿¿ On February 3, 2023, Defendant's demurrer to the First Amended Complaint (FAC) was sustained with leave to amend. On September 23, 2023, Defendant's demurrer to the Second Amended Complaint (SAC) was sustained with leave to amend. On September 25, 2023, Santa Paseo filed the ...
2024.02.22 Motion to Compel Deposition 459
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.22
Excerpt: ... Johann Peeters (“Peeters”) and Money Tax Group, Inc., alleging causes of action for (1) Violation of the Tax Preparation Act (Bus. & Prof. Code §§ 22250 et seq. ), (2) Fraud, (3) Violation of Penal Code § 496, and (4) Unfair Competition. On December 30, 2022, Plaintiff served Peeters with a Notice of Deposition for January 19, 2023. The Notice did not include a request for documents. Peeters timely served a written objection to the deposi...
2024.02.21 Motion for Leave to Intervene 881
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.21
Excerpt: ...t, Antonio Brown, and Does 1 to 10, for (1) Breach of Oral Contract, (2) Open Book Account for Money Due. Plaintiff deals in high -end jewelry. Plaintiff alleges Defendant agreed to pay for jewelry that Plaintiff provided to Defendant. The jewelry was valued at $1,095,000. Defendant breached the agreement on December 1, 2022 by failing to pay Plaintiff. On November 11, 2023, nonparty KH Capital, Inc. (“KH Capital”) filed a Notice of Lien base...
2024.02.15 Motion to Compel Responses 685
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.15
Excerpt: ...(“Einalhori”), and Harvest Trading Co., Inc., alleging causes of action for (1) Breach of Contract; (2) Fraud; and (3) Common Counts. This action arises out of an alleged oral agreement by Plaintiff to lend Einalhori and his Company, Harvest Trading Co. $802,495.47 in return for repayment of the full amount plus profits of the company split 50/50 between Einalhori and Plaintiff. Einalhori allegedly did not pay back $152,010.97 of the loan and...
2024.02.14 OSC Re Contempt 797
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.14
Excerpt: ... from a wrongful termination from employment at a law firm. In January 2017, John Pierce (“Pierce”) and David Sergenian (“Sergenian”) co-founded the law firm of Pierce Sergenian LLP (“PS LLP”). Darin Beffa (“Beffa”) was a partner at PS LLP until his alleged wrongful termination. In November 2017, Sergenian resigned from PS LLP. The law firm of Pierce Bainbridge Beck Price & Hecht LLP (“Pierce Bainbridge”) succeeded PS LLP. On ...
2024.02.14 Motion to Set Aside Default 730
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.14
Excerpt: ...Guaranty. As alleged, Defendant entered into a written industrial/commercial multi-tenant lease as a guarantor for property at 522 Gladys Ave., Los Angeles, CA, 90013 and thereafter failed to pay the required monthly rent. On August 31, 2021, Defendant was personally served with the summons and complaint. On January 7, 2022, default was entered against Defendant. On February 1, 2022, Defendant filed an Answer to the Complaint. The Answer was not ...
2024.02.14 Motion to Confirm Arbitration Award 356
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.14
Excerpt: ...AL AND PROCEDURAL BACKGROUND On June 4, 2021, Plaintiffs, Patricia Hall Carlton and Richard Hall, Children and Successors in Interest of Mildred Hall, filed a First Amended Complaint against Defendants, Front Porch Communities and Services (“Front Porch”), Randy Herzig, Nadine Roisman, Pamela Lowe, and Lisa Stephens LVN, arising from the retaliatory eviction of Mildred Hall from Front Porch's facilities. On September 22, 2021, the court grant...
2024.02.14 Motion for Summary Adjudication 189
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.14
Excerpt: ...ia America, Inc. (“Kia”). Plaintiff filed a First Amended Complaint (FAC) on May 5, 2022, for (1) Violation of Song -Beverly Act, Breach of Express Warranty; (2) Violation of the Song - Beverly Act, Breach of Implied Warranty; (3) Fraudulent Inducement – Concealment; and (4) Fraudulent Inducement – Misrepresentation. Plaintiff purchased a new 2017 Kia Sportage from Allstar Kia on September 17, 2016. Plaintiff alleges the vehicle was defec...
2024.02.09 Demurrer 084
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.09
Excerpt: ...e retained Defendants, 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 August 3, 2022, Plaintiff filed a Complaint in pro per against Defendants. Thereafter, Plaintiff filed the First Amended Complaint on November 4, 2022, and the Second Amended Complaint (SAC) on December 8, 2022. The SAC alleged cause...
2024.02.08 Motion to Compel Arbitration 838
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.08
Excerpt: ...ion action. On October 11, 2023, Plaintiff, Ingrid Rodriguez, filed a Complaint against her former employer, Defendants, Medix Staffing Solutions, Inc., and Medix Staffing Solutions, LLC, and its client, PATH[1], alleging claims for: 1. Harassment in Violation of Government Code § 12940(j) 2. Wrongful Termination in Violation of Public Policy 3. Discrimination in Violation of Government Code § 12940(a) 4. Retaliation for Harassment and/or Discr...
2024.02.08 Motion to Compel Arbitration 011
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.08
Excerpt: ... her former employer, Defendant, MorBro Logistics, for: (1) Disability Discrimination in Violation of Cal. Gov. Code § 12940 (a); (2) Disability Discrimination in Violation of Cal. Gov. Code § 12940 (m) – Failure to Provide Reasonable Accommodation; (3) Disability Discrimination in Violation of Cal. Gov. Code § 12940 (n) – Failure to Engage in the Interactive Process; (4) Retaliation in Violation of Cal. Gov. Code § 12940 (h); (5) Failure...
2024.02.08 Motion for Reconsideration of Motion to Compel Deposition 100
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.08
Excerpt: ...SUBPOENA FOR GOLDBERG PLAINTIFF'S MOTION TO COMPEL THE ATTENDANCE AT DEPOSITION OF DEFENDANT KURT BIER PLAINTIFF'S MOTION TO COMPEL FURTHER DEPOSITION OF DEFENDANT KENNETH SKIPPER-DOTA DEFENDANTS SKIPPER-DOTTA'S AND BIER'S EX PARTE APPLICATION TO CONTINUE TRIAL AND SET HEARING DATE FOR SUMMARY JUDGMENT I. INTRODUCTION On December 9, 2019, Plaintiff, LGT, a minor, by and through her guardian ad litem, Ernest Calhoon, initiated this legal malpracti...
2024.02.07 Motion to Tax Costs 542
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.07
Excerpt: ...o Tax Costs is granted in part. Moving party to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On December 7, 2023, Plaintiffs Patricia Beecham, personal rep. of The Estate of Praxedes E. Running, and Patricia Beecham and Leia Bowers, co-trustees of the Praxedes E. Running Trust filed a memorandum of costs in the amount of $135,23...
2024.02.07 Motions for Publication for Service Via Secretary of State 575
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.07
Excerpt: ...lleged misrepresentations made by Defendant, Johnny Hickey, which led to the transfer and theft of $30,000 from Plaintiff. To date, Plaintiff has been unable to serve Defendant. On January 3, 2024, Plaintiff Josue Valdez filed this Motion for an Order Allowing Service of Summons and Complaint Upon Defendant Johnny Hickey by Publication. The motion is unopposed. II. LEGAL STANDARD Where a defendant cannot with reasonable diligence be served in any...
2024.02.06 Motion to Continue Trial 062
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.06
Excerpt: ... against Defendant, Maziar Yarahmadi, alleging that portions of Defendant's property encroach on the Plaintiffs' property. On December 8, 2022, Plaintiffs filed the operative First Amended Complaint (FAC). On January 31, 2023, Defendant filed an Answer to the FAC. Defendant now moves for an order continuing the trial date for at least 180 days and to set all trial-related deadlines to the new trial date. Plaintiffs filed an opposition. Defendant ...
2024.02.06 Motion to Compel Arbitration Fees, for Sanctions 773
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.06
Excerpt: ...RTY: Defendant CarMax Auto Superstores, Inc. I. INTRODUCTION On April 20, 2023, Plaintiff, Giselle Maciel, filed a consumer arbitration demand against Defendant CarMax Auto Superstores, Inc. (“CarMax”) with JAMS. On July 26, 2023, JAMS issued to CarMax an invoice for payment of arbitration fees. Payment was requested by August 26, 2023. Plaintiff inquired whether CarMax had timely paid the invoice. On September 27, 2023, JAMS confirmed they h...
2024.02.06 Motion for Attorney Fees 537
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.06
Excerpt: ...Ford Fontana, for violations of the Song-Beverly Consumer Warranty Act, Civil Code § 1790, et seq. Ford filed an Answer to the Complaint on August 8, 2023.¿ On November 1, 2023, Ford served an Offer to Compromise and Acceptance Under Code of Civil Procedure section 998.¿ Plaintiff accepted the 998 Offer on December 4, 2023. On January 9, 2024, Plaintiff filed this Motion for Attorney's Fees and Costs and concurrently filed a Memorandum of Cost...
2024.02.05 Motion to Quash or Modify Deposition Subpoena for Production of Employment Records 151
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.05
Excerpt: ...ion and wrongful termination action. On May 5, 2023, Plaintiff, Lisa Pettinelli, filed a Complaint against Defendant, Regents of the University of California (erroneously sued as UCLA Health; UCLA Medical Center, Santa Monica; UCLA Stana Monica Medical Center; University of California). On July 25, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) Retaliation in Violation of Labor Code, § ...
2024.02.05 Motion for Leave to File FAC 685
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.05
Excerpt: ...inalhori (“Einalhori”), and Harvest Trading Co., Inc., alleging causes of action for (1) Breach of Contract; (2) Fraud; and (3) Common Counts. This action arises out of an alleged oral agreement by Plaintiff to lend Einalhori and his Company, Harvest Trading Co. $802,495.47 in return for repayment of the full amount plus profits of the company split 50/50 between Einalhori and Plaintiff. Einalhori allegedly did not pay back $152,010.97 of the...
2024.02.01 Motion to Compel Compliance with Subpoena Duces Tecum 065
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.01
Excerpt: ...rofit. On September 14, 2022, Plaintiff, Cultivare Group LLC, filed a Complaint against Defendants, 640 South Lake Owner's Association (“South Lake”), Don Neill, Sonia Nayak, and Michael Finnegan, alleging that the Defendants breached their fiduciary duty and the CC&Rs by failing to timely process Plaintiff's application to undertake renovations of the unit and for failing to approve the installation of certain flooring in the unit. Eventuall...
2024.02.01 Motion for Stay of Proceedings 244
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.01
Excerpt: ...and Maclean Chung Law Firm, to obtain a determination from the probate court in the underlying action that certain amendments to the Robert L. Townsend Irrevocable Life Insurance Trust were invalid. However, Defendants failed to timely file a petition to determine the validity of the amendments. As a result, the probate court granted summary judgment to the party opposing plaintiff's challenge to the validity of the trust amendments. On February ...
2024.02.01 Demurrer with Motion to Strike 374
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.01
Excerpt: ...intiff, Khatchatur Berberian, filed a Complaint against Defendants, Walt Disney Pictures, The Walt Disney Company, Disney Worldwide Services, Inc., Chester Carr (“Carr”), Sara Fredericks, (“Fredericks”), and Scott Mohler (“Mohler”). On November 7, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for: 1. Discrimination in Violation of the FEHA 2. Hostile Work Environment Harassment in V...
2024.01.31 Motion to Compel Further Responses 596
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.31
Excerpt: ...illermo Rodriguez, filed this action against Defendant, Kristie Smith, in her capacity as an individual, as successor trustee of the Lou Cutell Trust, and as sole successor in interest to the Estate of Lou Cutell. Plaintiff alleges that Defendant unduly influenced decedent Lou Cutell to remove Plaintiff from receiving his inheritance under decedent's trust. Plaintiff is currently self-represented.[1] On December 6, 2023, Defendant filed a motion ...
2024.01.30 Motion to Compel Arbitration and Stay Action Pending Arbitration Outcome 052
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.30
Excerpt: ...t pursuant to Private Attorneys General Act (PAGA). On April 7, 2020, Plaintiff, Diana Gonzalez, filed a Complaint against Defendants, V.F. Corporation which conducts business in California as Pennsylvania V.F. Corporation (“V.F. Corporation”); and Volt Information Sciences, Inc. (“Volt”), for: (1) Minimum Wage Violations (Labor Code §§1182.12, 1194, 1194.2 and 1197); (2) Failure to Pay All Overtime Wage (Labor Code §§ 204, 510, 558, ...
2024.01.30 Demurrer 038
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.30
Excerpt: ...unga, CA 91042 (the “Samoa Property”). On November 9, 2023, Plaintiff, Celeste M. Mulrooney, filed the operative First Amended Complaint (FAC) against Defendant Susan Florence Scalzo for (1) Partition, (2) Breach of Contract, (3) Fraud, (4) Common Counts, and (5) Declaratory Relief. The FAC is verified. The FAC alleges as follows: Plaintiff and Defendant are sisters. In July 2011, the parties entered into an oral agreement to jointly purchase...

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