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Judge: Bensinger, Kerry x
2023.10.03 Motions to Compel Responses to Discovery 843
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.03
Excerpt: ...filed these motions to compel Respondent, Edvin Francisco Hernandez Chivalan, to provide responses to Petitioner's Form Interrogatories, Special Interrogatories, and Demand for Identification and Production of Documents. Petitioner seeks sanctions against Respondent. The motions are unopposed. II. LEGAL STANDARD FOR COMPELLING RESPONSES TO DISCOVERY If a party to whom interrogatories and inspection demands were directed fails to serve a timely re...
2023.10.03 Motions to Compel Responses 695
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.03
Excerpt: ...st set of discovery, including Form Interrogatories, Special Interrogatories, and Requests for Production of Documents. Defendant seek sanctions against Plaintiff and her counsel. The motions are unopposed. II. LEGAL STANDARD FOR COMPELLING RESPONSES TO DISCOVERY If a party to whom interrogatories and inspection demands were directed fails to serve a timely response, the propounding party may move for an order to compel responses without objectio...
2023.10.03 Motion for Stay of Proceedings 267
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.03
Excerpt: ...oanna Denton Carrillo (“Joanna”), Terry Denton Carrillo (“Terry”), and Sierra Denton Carrillo (“Sierra”), filed this wrongful death and survivorship action against Defendants, City of Los Angeles (“City”) and County of Los Angeles, arising from the death of Plaintiff's three children, Joanna, Terry, and Sierra, at the hands of their mother, Liliana Carrillo. Criminal charges have been filed against Ms. Carrillo. [1] Motion to Stay...
2023.10.03 Demurrer, Motion to Strike 795
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.03
Excerpt: ...s, Bhupendra Singh Virk (“Virk”), Uber USA, LLC, Uber Technologies, Inc., Rasier, LLC, Rasier- CA, LLC, Rasier, Portier, LLC, Uber Freight, LLC, and Uber, for injuries arising from a motor vehicle collision. Plaintiff alleges that, at the time of the collision, Virk was driving for Uber when Virk made an unsafe left turn and struck Plaintiff's oncoming vehicle. The Complaint asserts causes of action for (1) Negligence-Motor Vehicle, (2) Negli...
2023.10.02 Motion to Compel Responses, to Deem RFAs Admitted 872
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.02
Excerpt: ...io Sandoval and Herlinda Sandoval RESPONDING PARTY: Defendant Maria Guerrero I. BACKGROUND Ono April 20, 2021, Plaintiffs, Desiderio Sandoval and Herlinda Sandoval, initiated this action against Defendant, Maria Guerrero, for injuries arising from a motor vehicle collision. On November 3, 2021, Plaintiffs propounded the first set of discovery on Defendant, including, Form Interrogatories, Special Interrogatories, Request for Production of Documen...
2023.10.02 Motion to Compel Physical Medical Exam 291
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.02
Excerpt: ... Saifullahkhan Babar, filed a form complaint against Defendant, Nu Mach (erroneously sued as “Nu To Mach”), for injuries arising from a motor vehicle collision in Rosemead, California. At the time of the incident, Plaintiff was residing in Monrovia, California. On June 15, 2023, Defendant served Plaintiff with a demand for physical examination by Dr. Jeffrey Korchek. Plaintiff objected to the examination on the grounds that the examination wa...
2023.10.02 Demurrer with Motion to Strike 242
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.02
Excerpt: ... City of Santa Monica (erroneously sued and served as “City of Santa Monica Risk Management Liability Claims Unit” and “City of Santa Monica Bus Company”) for motor vehicle negligence. The allegations are sparse and handwritten. From what the Court can discern, Plaintiff suffered an injury while on Defendant's bus. Plaintiff seeks punitive damages. On July 24, 2023, Defendant filed a Declaration of Demurring Party in Support of Automatic ...
2023.09.28 Motion to Continue Trial 948
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.28
Excerpt: ...endants, City of Los Angeles, Adam Kligfeld, and Havid Kligfeld, for injuries arising from a trip and fall on a sidewalk adjacent to 6601 Lindenhurst Avenue, Los Angeles, California. Adam Kligfeld and Havid Kligfeld are the owners of the property at 6601 Lindenhurst Avenue. On August 31, 2023, Adam Kligfeld and Havid Kligfeld (hereafter, “Defendants”) filed this motion to continue the trial date and all trial-related dates so that Defendants'...
2023.09.27 Motion for Leave to File FACC 543
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.27
Excerpt: ...t, Alvin S. Friedman, for injuries arising from a dog bite. Plaintiff initially sought punitive damages. On October 16, 2020, Defendant filed a motion to strike punitive damages from the Complaint. The Court granted Defendant's motion on January 25, 2021, stating Plaintiff did not allege specific facts in the Complaint showing Defendant's actual knowledge of Plaintiff's dog's propensity to bite and attack. The Court further noted Plaintiff could ...
2023.09.26 Motion to Dismiss Summary Judgment 559
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.26
Excerpt: ...t Co., Inc., for injuries arising from a slip and fall on the common area staircase of Defendants' premises. Plaintiff filed the First Amended Complaint (“FAC”) on April 17, 2018. The FAC asserted causes of action for (1) General Negligence and (2) Premises Liability. On January 12, 2023, Defendants filed a motion for summary judgment. Plaintiff did not file an opposition. The motion was heard on May 5, 2023. Plaintiff appeared at the hearing...
2023.09.26 Motion to Compel Nonparty Deposition 843
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.26
Excerpt: ... Defendants, Lowe's Home Centers, LLC ("Lowe's"), and Anthony Guerrera, for injuries arising from an assault and battery when Plaintiff attempted to leave a Lowe's store. On July 1, 2022, Defendants served subpoenas on SoCal Imaging, Inc. and Pacific MRI requesting medical records, billing records, and diagnostic imaging studies related to Plaintiff's injuries. SoCal Imaging, Inc. and Pacific MRI each produced medical records only. In order to ob...
2023.09.26 Motion for Tardy Expert Designation 532
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.26
Excerpt: ...ndants[1], Walmart Inc. (“Walmart”) and Cintas Corporation No. 2 (“Cintas”), for injuries Plaintiff sustained when she tripped and fell on a floor mat in a Walmart Store. On April 7, 2023, Walmart filed an Ex Parte Application to Continue Trial and Related Dates. On April 10, 2023, the Court[2] granted, in part, and denied, in part Walmart's application. Pursuant to Walmart's request, trial was continued to September 27, 2023. Discovery a...
2023.09.21 Motion to Compel Deposition of PMK, Production of Records, Further Responses 190
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.21
Excerpt: ...TY: Defendant Caramedix, Inc. I. BACKGROUND On August 24, 2020, Plaintiffs, Adrian Hernandez, Raoul Guzman, and Araseli Zuniga, initiated this wrongful death action against Defendant, Caramedix, Inc. (“Caramedix”), arising from a motor vehicle incident. Defendant is a health care rideshare service. Plaintiffs, the children of Decedent, Christina Garcia, allege that Caramedix's driver failed to properly restrain Decedent's wheelchair in their ...
2023.09.20 Motion to Set Aside Default 315
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.20
Excerpt: ...injuries suffered by Plaintiffs, Gaudencio Romero and Alberto Mena, while working on a construction jobsite. On April 1, 2021, Plaintiffs initiated this related case (Case No. 21 STCV12448) against Defendants, Indigo Construction Corp., Aragon Glendale Properties Corporation, Calico Construction, Inc., and Does 1 to 60, for negligence and premises liability. On August 5, 2022, Plaintiffs amended the Complaint to name Cal-Coast Construction Specia...
2023.09.20 Motion for Leave to File SAC 414
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.20
Excerpt: ...endants, Ronald S. MacDonald (“MacDonald”) and Monica K. Kramer (“Kramer”), asserting a cause of action for motor vehicle negligence. Kramer was dismissed from this action on May 11, 2021. On February 24, 2023, Plaintiff filed this motion for leave to file a First Amended Complaint (“FAC”) because of a newly discovered medical condition. Plaintiff seeks to add new defendants and causes of action. MacDonald opposes and Plaintiff replie...
2023.09.20 Demurrer, Motion to Strike 740
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.20
Excerpt: ...le collision. Plaintiff alleges Defendant was operating an automobile while under the influence of a substance. The Complaint sets forth a single cause of action for negligence. Plaintiff seeks punitive damages and attorney's fees. On August 31, 2023, Defendant filed this demurrer and a motion to strike portions of Plaintiff's Complaint. The demurrer and motion to strike are unopposed. As the motion to strike attacks the request for punitive dama...
2023.09.19 Motion to Compel Medical Exam 817
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.19
Excerpt: ...t against Defendant, The Vons Companies, Inc., for injuries arising from a slip and fall in a Vons' grocery store in Montrose, California. The trial date was initially set for March 2, 2023, and continued by stipulation of the parties to June 8, 2023. Discovery was set to the new trial date. On May 11, 2023, the Court granted Plaintiff's ex parte application to continue the trial date. Pursuant to oral stipulation, the trial date was continued to...
2023.09.19 Motion for Summary Judgment, Adjudication 208
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.19
Excerpt: ...collision at the intersection of Dimondale Drive and S. Central Avenue (the “Intersection”) in Carson, California. The Intersection, located on a heavily trafficked portion of S. Central Avenue, includes a pedestrian crosswalk and signal which, when pressed, activates lights embedded in the crosswalk and flashing beacons. The Intersection does not have traffic signals. On January 24, 2019, at approximately 5:20 p.m., Plaintiffs, Jordan Smith ...
2023.09.19 Motion for Protective Order 721
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.19
Excerpt: ...er”), for injuries arising from a pedestrian versus motor vehicle collision. Trial was initially set for September 11, 2023. Based on that trial date, on July 21, 2023, the parties exchanged their respective expert designations. Defendant took issue with Plaintiff's designation. Specifically, Plaintiff designated two accident reconstruction experts from the same office who are expected to provide similar testimony; Plaintiff designated nine ret...
2023.09.19 Motion for Leave for Interpleader to Deposit Funds with Court 836
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.19
Excerpt: ...ch 30, 2016, Plaintiffs, Peter J. Garcia ("Peter") and John Garcia ("John"), filed this action for assault, battery, conspiracy, intentional infliction of emotional distress, and negligent training and supervision against Defendants, Malli Patibandla-Rao ("Patibandla-Rao"), E.M. Pizza, Inc. ("E.M. Pizza"), Francisco Montes ("Montes"), Danny Egoavil ("Egoavi["), Raymond Hill ("Hill"), Jose Cruz ("Cruz"), Andrea Jimenez ("Jimenez"), and Stephanie L...
2023.09.19 Motion for Determination of Good Faith Settlement 339
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.19
Excerpt: ...nitiated this action against Defendants, GMCND, Inc. dba La Placita Market (“GMCND”), Sharmeen's Enterprises, Inc. (“Sharmeen's Enterprises”), Henry and Sara Rose, LLC, Rose Brothers Enterprises[1], Houshang Eddy Maghen (“Maghen”)[2], Ezatolah Nazarian (“Nazarian”)[3], and Roberto Rodriguez (“Rodriguez”)[4], for injuries sustained during a physical attack on Plaintiff by an unknown third-party at La Placita Market (the “Prem...
2023.09.19 Demurrer, Motion to Strike 286
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.19
Excerpt: ...Koi LP dba Koi Restaurant Los Angeles (sued as “Koi Restaurant”) and Adrian Migliore (“Migliore”), for (1) Assault, (2) Battery, (3) Intentional Infliction of Emotional Distress, (4) Negligent Infliction of Emotional Distress, and (5) Negligence Hiring, Training, Supervision, Retention, and Entrustment. As “relevant background facts,” Plaintiff allege that on January 24, 2022, Plaintiff and her family went to Koi Restaurant. Defendant...
2023.09.13 Motion to Set Aside Default 285
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.13
Excerpt: ...berto Reyes Cruz, for injuries arising from a motor vehicle accident. After Defendant failed to file a responsive pleading to the Complaint, Plaintiff pursued entry of default against Defendant. Plaintiffs first requested entry of default on February 27, 2023, which was denied on that same day. At this time, Defendant was not represented by counsel. Between February 27, 2023 and April 10, 2023, Defendant retained counsel. On April 10, 2023, defen...
2023.09.13 Motion to Set Aside Default 012
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.13
Excerpt: ...e La Cruz alleges that on December 17, 2017 at approximately 1:00 a.m., Plaintiff was at Joseph's Bar and Grill located at 11032 Downey Ave, Downey, CA 90241 (the “Premises”), when a female employee pushed him with a closed fist. Plaintiff was then asked to leave by Refugio Mora (“Mora”), and Plaintiff willingly did so. As Plaintiff exited, he asked for the name of the female employee who had pushed him so that he could file a complaint. ...
2023.09.13 Motion for Leave to File Complaint 063
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.13
Excerpt: ...on Kim and Son A. Kim Trust I. INTRODUCTION On May 6, 2022, Plaintiff, Igor Humberto Rubio Davila, initiated this action against Defendants, California Truck Driving Academy, LLC, Tae Joon Kim and Son A. Kim, Trustees of the Tae Joon Kim and Son A. Kim Trust, for injuries Plaintiff sustained when he tripped on a piece of rebar protruding out of the floor of Defendants' premises. Plaintiff asserts causes of action for Negligence and Premises Liabi...

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