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577 Results

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Location: Los Angeles x
Judge: Bensinger, Kerry x
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 ...

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