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2023.08.30 Motion to Continue Trial 463
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.30
Excerpt: ...inst Defendants, Fullerton Island Village Apartments, LLC and Ralph Raulli, for injuries arising from a trip and fall on the stairway of Defendants' premises. On July 28, 2023, Defendants filed this motion to continue trial to May 16, 2024, and to set all related deadlines to the new trial date. Plaintiff opposes and Defendants reply. This is the first request for a trial continuance. II. LEGAL STANDARD TO CONTINUE TRIAL California Rules of Court...
2023.08.30 Motion to Compel Deposition of Non-Party Witness 523
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.30
Excerpt: ...n for an order compelling non-party witness, Peter Shah, to personally appear at deposition and to produce documents. Defendant seeks sanctions against Shah. On August 24, 2023, Defendant filed a proof of service showing Shah was personally served with this motion on August 8, 2023. The motion is unopposed. II. LEGAL STANDARDS Any party may obtain discovery by taking in California the oral deposition of any person. (Code Civ. Proc., § 2025.010.)...
2023.08.30 Motion for Summary Judgment 995
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.30
Excerpt: ...es liability. Plaintiff alleges that, on May 1, 2018, a piece of concrete fell from the roof/ceiling in the basement of Defendants' property at 4317 Beverly Boulevard, struck him on his head and shoulder, and knocked him unconscious. Breaux was working in the scope of his employment with Astromic, LLC (“Astromic”) at the time of the incident. On April 23, 2020, Technology Insurance Company (“Technology Insurance”), filed a Complaint in su...
2023.08.29 Motion for Trial Preference 850
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.29
Excerpt: ...n, Joe Buscaino, Nury Martinez, Mitch O'Farrell, David E. Ryu, Kevin Lee James, Aura Garcia, Mike Davis, Jessica M. Caloza, M. Teresa Villegas, and Adel H. Hagekhalil, for injuries arising from a fall on a sidewalk adjacent to Venice's Grand Canal. On August 7, 2023, Plaintiff filed this motion for trial preference. Defendants have filed an opposition.[1] Plaintiff has not filed a reply. II. LEGAL STANDARD A party to a civil action who is over 70...
2023.08.29 Motion for Terminating Sanctions 454
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.29
Excerpt: ...ril 21, 2023, the Court granted Defendant's Motions to Compel Plaintiff's Responses to Form Interrogatories, Special Interrogatories, and Demand for Inspection of Documents. Plaintiff did not oppose the motion or appear at the hearing. Pursuant to the Court's order, Plaintiff was ordered to provide verified responses to the discovery by within 30 days of notice of the Court's order. On June 7, 2023, Defendant served Plaintiff with notice of the C...
2023.08.29 Motion for Summary Judgment 486
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.29
Excerpt: ...and Joanna Suhl, for injuries Plaintiff sustained while working at a fundraiser event on Defendants' premises. Defendants contracted with Lovely Tacos to provide catering services at the fundraiser. Plaintiff was employed by Lovely at this time and was working during the fundraiser. Plaintiff alleges he suffered severe burns to his face and arms when the cooking stove he was using at the event expliNled in his face. Plaintiff asserts causes of ac...
2023.08.29 Motion for Leave to File Complaint 976
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.29
Excerpt: ...ddha Jones, LLC, for injuries arising from a trip and fall on a metal object on Defendant's premises. Plaintiff was working in the scope of his employment as a security guard at the time of the incident. Plaintiff later filed amendments to name Rosales Garden Services and Doublewide, LLC, as Does 1 and 2, respectively. On February 14, 2023, Defendants, Buddha Jones, LLC and Doublewide, LLC, filed this motion seeking leave to file a cross-complain...
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 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...
2023.08.28 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...
2023.08.25 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 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...
2023.08.24 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...
2023.08.23 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 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...
2023.08.16 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 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 ...
2023.08.15 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...

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