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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 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...
2024.03.21 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 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...
2024.03.20 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...

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