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Judge: Bensinger, Kerry x
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...
2023.09.13 Application for Default Judgment 674
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.13
Excerpt: ...ough 100, arising from medical treatment which resulted in permanent blindness to Plaintiff's left eye. Defendant was served by substituted service on July 16, 2019. At Plaintiff's request, default was entered against Defendant on November 19, 2020. Golden State Eye Clinic was dismissed on November 24, 2020. Does 1 through 100 were dismissed on March 4, 2021. Plaintiff previously submitted two applications for default judgment against Defendant. ...
2023.09.12 Motion for Trial Preference 029
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.12
Excerpt: ... initiated this action against Defendants, Del Amo Fashion Center Operating Company, LLC (erroneously sued as Simon Property Group, LP (“Del Amo”), and Township Retail Services, Inc., for injuries arising from a fall on a sidewalk adjacent to Venice's Grand Canal. On January 27, 2023, Del Amo filed a Cross-Complaint against Whiting-Turner Contracting Company (“Whiting-Turner”) for express indemnity and breach of contract. On June 2, 2023,...
2023.09.11 Motion to Quash Deposition Subpoena, for Production of Business Records 034
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.11
Excerpt: ...action against Defendants, County of Los Angeles and Does 1 through 20, for injuries arising from a trip on fall due to a tree stump near the entrance of the Los Angeles County Department of Social Services in El Monte, California. Plaintiff alleges she sustained mental, emotional, and physical pain and suffering, including fractures to her left shoulder and right foot. On November 30, 2022, Plaintiff amended the Complaint to name CBRE Group, Inc...
2023.09.11 Demurrer, Motion to Strike 797
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.11
Excerpt: ... against Defendants, Navid Nafee (”Navid”) and Ben Elliot Johnson (“Ben”), for intentional tort. The allegations are handwritten. From what the Court can discern, Plaintiffs allege Defendants pushed Parichehr's son, Nader, which caused Parichehr to fall and sustain injury. Navid is the father of Nader. On March 7, 2023, Parichehr requested dismissal of the complaint against Defendants with prejudice. On August 16, 2023, Navid filed this d...
2023.09.08 Motion for Summary Judgment 473
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.08
Excerpt: ...s (“City”), County of Los Angeles[1], and Zofia Wiacek[2], individually and as Trustee of the Wiacek Family Trust (“Wiacek”), for injuries and damages arising from a trip and fall on a portion of a sidewalk located in Los Angeles, California. Plaintiff asserts a single cause of action for Dangerous Condition of Public Property against City. On October 25, 2022, City filed this motion for summary judgment. Plaintiff opposes and City replie...
2023.09.07 Motion to Reopen Discovery 992
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.07
Excerpt: ...his action against Defendants, Best Buy Stores, L.P. (“Best Buy”), Wheels LT LSR, Geek Squad, Inc., and Scott Stuart Crichton (“Crichton”), for injuries arising from a motor vehicle versus bicyclist accident. Relevant Procedural Background  The alleged accident occurs on March 30, 2019.  Plaintiff filed the Complaint on January 8, 2020. Trial was initially set for January 26, 2023.  On March 10, 2020, Dr. Patel recommended surger...
2023.09.07 Motion to Continue Trial 496
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.07
Excerpt: ... this motion to continue the trial date to September 13, 2024, or a date thereafter, and to set all related cutoff dates to the new trial date. This is the fourth request for a trial continuance. The motion is unopposed. II. LEGAL STANDARD TO CONTINUE TRIAL California Rules of Court, rule 3.1332, subdivision (b) outlines that “a party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parti...
2023.09.07 Motion to Compel Responses, for Inspection and Production of Docs, to Deem RFAs Admitted 723
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.07
Excerpt: ...a Wu RESPONDING PARTY: No opposition I. BACKGROUND On February 14, 2023, Plaintiff, Joanna Wu, filed these motions to compel Defendant, Paul Geraldo Celaya, to provide responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Demand for Inspection and Production of Documents, Set One, and to deem the Request for Admissions, Set One, admitted against Defendant. Plaintiff seeks sanctions against Defendant and his counsel. Th...
2023.09.07 Motion to Compel Deposition 236
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.07
Excerpt: ...rising from a dog attack. Defendant is the alleged owner of the dog. On July 26, 2023, Defendant filed this motion to compel Plaintiff to appear for deposition and to produce documents. Defendant requests sanctions against Plaintiff. Plaintiff opposes[1] and Defendant replies. II. LEGAL STANDARD TO COMPEL DEPOSITION Any party may obtain discovery by taking in California the oral deposition of any person.¿ (Code Civ. Proc., § 2025.010.)¿ “If,...
2023.09.07 Motion to Compel Compliance with Deposition Subpoena 211
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.07
Excerpt: ...min Rocha, for injuries arising from a motor vehicle incident. Defendant learned through written discovery that Plaintiff received chiropractic treatment for his injuries through workers' compensation. On July 29, 2022, Defendant served Sedgwick Claims Management, Services, Inc. (“Sedgwick”), the third-party administrator of Plaintiff's workers' compensation claim, with a Deposition Subpoena for Production of Business Records. The subpoena wa...
2023.09.07 Motion to Compel Arbitration 396
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.07
Excerpt: ...houbian”), Nancy Gaignard (“Gaignard”), and Lyft, Inc. (“Lyft”), for injuries Plaintiff sustained in an August 8, 2019 motor vehicle accident. Plaintiff alleges she was a passenger in a Lyft vehicle driven by Gaignard when Yaghoubian weaved through traffic in his vehicle and side swiped Gaignard's vehicle. Plaintiff asserts causes of action for General Negligence and Motor Vehicle against all defendants. On May 31, 2023, Lyft filed this...
2023.09.07 Demurrer, Motion to Strike 849
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.07
Excerpt: ...intiff, Leslie Ann Lobel, initiated this action against Defendants, Musso & Frank Grill Company (“Musso & Frank”), Carissimi Family, LLC (“Carissimi Family”), Steve Jones, Anne R. Jones, John Echeverria, Cathy Echeverria, Richard Kohlmeyer, and Kristen Kohlmeyer,[1] for Negligence and Premises Liability. On July 12, 2023, Steve Jones, Anne R. Jones, John Echeverria, Cathy Echevarria, Richard Kohlmeyer, and Kristen Kohlmeyer (“Demurring ...
2023.09.06 Motions to Compel Further Responses 614
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.06
Excerpt: ...s, Bob Smith, John Liska, and Tri-West Enterprises, LLC dba Rocco's Tavern (“Rocco's Tavern”), for battery, assault, and negligent hiring, supervision, and training. On April 19, 2022, Rocco's Tavern served Plaintiff with Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Productions of Documents, Set One. Plaintiff served responses on July 15, 2022. Rocco's Tavern took issue with the responses and the parties th...
2023.09.06 Motion to Dismiss 781
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.06
Excerpt: ...ue”) and Tzu-Fi Chu (“Chu”) 1, initiated this action against Defendants, PC Palaces, Inc. (“PC Palaces”), Xuong Ha (“Ha”), Ruben Esparza (“Esparza”), Phu Mang Phang, David Aguilar (“Aguilar”), and William Tom and Gertrude Tom as Trustees of the Tom Family Trust (“Tom Defendants”).¿ The action arises from an alleged shooting occurring at PC Palaces, a restaurant and karaoke bar.¿ On July 19, 2022, Plaintiffs filed the F...
2023.09.06 Motion for Summary Judgment 597
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.09.06
Excerpt: ...ruary 26, 2021, Plaintiff, Dawn Marie Fisher, initiated this action against Defendants, Adam F. Goldberg Productions, Inc.[1], Sony Pictures Entertainment, Inc (“SP Entertainment”), and Does 1-25, for injuries and damages arising from a trip and fall on the property of SP Entertainment. Plaintiff later amended the Complaint to name Sony Pictures Television, Inc. (“SP Television”) as Doe 1, Lot, Inc. as Doe 2, and Sony Pictures Studios, In...

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