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2023.10.12 Motion for Terminating Sanctions 452
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.12
Excerpt: ...Dan Yuedong Wu, arising from an apartment fire that occurred around November 2020. Plaintiff is presently self-represented. Run D. Wu's Discovery Requests Run D. Wu served Plaintiff with written discovery requests on December 27, 2021, including Form Interrogatories, Special Interrogatories, and Production of Documents. Plaintiff served responses on October 24, 2022. Run D. Wu found Plaintiff's responses to be deficient and thereafter filed a mot...
2023.10.12 Demurrer, Motion to Strike 773
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.12
Excerpt: ...ts, County of Los Angeles, City of Los Angeles, and Los Angeles County Metropolitan Transportation Authority (“LACMTA”), for injuries Plaintiff sustained when he fell while exiting LACMTA's bus. Plaintiff alleges LACMTA's bus driver negligently stopped the bus approximately 36-40 inches away from the curb, causing Plaintiff to misstep and fall. Plaintiff asserts causes of action for (1) Negligence, (2) Negligence Per Se, (3) Dangerous Conditi...
2023.10.12 Demurrer 960
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.12
Excerpt: ...Moller—Maersk (“Maersk”), Damco Distribution Services, Inc., Damco USA Inc., 52 Degree Lane, Inc., San Judas Tadeo Trucking, LLC, San Judas Tade Trucking, Inc., and Gabriel Mendez, arising out of the death of Plaintiff's fiancé, Jose Antonio Arciniega (“Decedent”), on Defendants' premises on August 31, 2022. Plaintiff asserts causes of action for Negligence and Premises Liability. On July 18, 2023, the Court deemed this case and Isabel...
2023.10.12 Motion for Summary Judgment, Adjudication 666
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.12
Excerpt: ...recreational go-kart track. On July 14, 2019, Kerrigan Schipske, her spouse Dagoberto Bribiesca, and Schipske's daughter went to the Golf n' Stuff Park. While there, Schipske was driving a go-kart at the Golf n' Stuff Park when the go-kart stalled. Plaintiff was hit by an oncoming go-kart driven by her daughter. Plaintiff sustained injuries. On June 25, 2021, Plaintiffs, Kerrigan Schipske and Dagoberto Bribiesca, filed a form complaint against De...
2023.10.11 Motion to Compel Deposition of PMQ 970
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.11
Excerpt: ...e 10, 2021, Plaintiff, Zachary Birns, initiated this action against Defendant, Arakelian Enterprises Inc. dba Athens Services, for injuries arising from a bicyclist versus motor vehicle accident. Plaintiff alleges Jorge Martin Hernandez (“Hernandez”) was driving a vehicle when he attempted a U-turn just as Plaintiff passed on his bicycle. Hernandez was driving in the course and scope of his employment with Defendant. On March 6, 2023, Plainti...
2023.10.11 Motion to be Relieved of Deemed Admissions 559
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.11
Excerpt: ... and Mabry Management 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. Deemed Admissions On August 24, 2022, Defendants filed a Motion to Have Requests for Admissions Deemed Admitted against Plaintiff. Plaintiff failed to file a...
2023.10.11 Motion for Terminating Sanctions 463
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.11
Excerpt: ... Alex Omar Munguia Romero (“Romero”), and Defendants, Brian Boudreaux and Lois Sophia Rocha, arising from an automobile collision that occurred on October 1, 2019. Romero is currently self-represented. On May 4, 2023, the Court granted Defendants' motion to compel Romero's appearance at a physical examination. Pursuant to the Court's order, Plaintiff was ordered to appear at a physical examination with Dr. Ronald Kvitne on May 15, 2023. On Ma...
2023.10.10 Motion to Quash Deposition Subpoena for Production of Business Records 034
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.10
Excerpt: ...on against Defendants, County of Los Angeles and Does 1 through 20, for injuries arising from a trip and 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. (...
2023.10.10 Motion to Continue Trial 485
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.10
Excerpt: ...y (erroneously served as “Long Beach Transit”) and Rodney Jones, filed this motion to continue the trial date and all trial-related dates so that Defendants' motion for summary judgment may be heard before trial. Defendants' summary judgment motion is scheduled for July 17, 2024. Plaintiff filed an opposition. Defendants have not filed a reply. II. LEGAL STANDARD TO CONTINUE TRIAL California Rules of Court, rule 3.1332, subdivision (b) outlin...
2023.10.10 Motion to Compel Physical Exam 587
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.10
Excerpt: ...ndant, City of Culver City (erroneously sued as “Culver City”), for injuries and damages arising from a bus versus pedestrian accident on March 12, 2020. The bus was owned by Defendant and operated by Juan Fernando Chen Campos in the course and scope of his employment with Defendant. Plaintiff alleges he suffered mild traumatic brain injury, cervical spine damage, and left elbow fracture. Plaintiff also claims he experiences ongoing symptoms ...
2023.10.10 Motion for Leave to File Complaint 577
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.10
Excerpt: ...ouse, LLC, arising from an incident involving moving dock plates, loading raps, and a forklift. On April 28, 2020, Plaintiff named Imperial CFS, Inc. as Doe 1. On May 16, 2022, Imperial CFS, Inc. filed a cross-complaint against Quality Personnel Services dba Power Staff (“Power Staff”). On August 21, 2023, Power Staff filed this motion seeking leave to file a cross-complaint against Imperial CFS, Inc. for equitable indemnity, contribution, ap...
2023.10.09 Motion for Summary Adjudication 598
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.09
Excerpt: ...against Defendants, Holst Brothers, Inc. (“Holst”) and Morteza Ejabat (“Eja”) 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 contractor,...
2023.10.09 Motion for Leave to File Complaint 222
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.09
Excerpt: ...injuries Plaintiff sustained when she fell into a hole next to an electrical vault on Defendant's premises at 125 N. Ash Ave., Inglewood, CA, 90301. On August 22, 2023, Defendant filed this motion seeking leave to file a cross-complaint against proposed cross-defendants Southern California Edison and Alicia M. Garcia for indemnity, contribution, and declaratory relief. The motion is unopposed. II. LEGAL STANDARD A party against whom a cause of ac...
2023.10.09 Motion to Set Aside Default 504
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.09
Excerpt: ... accident. Defendant was served with the summons and complaint on March 5, 2023. At Plaintiff's request, default was entered against Defendant on April 12, 2023. Defendant filed an Answer to the complaint on April 14, 2023.[1] On August 3, 2023, Defendant filed this motion to set aside the default under Code of Civil Procedure section 473, subdivision (b). Plaintiff filed an opposition and supplemental brief regarding penalties under Code of Civi...
2023.10.09 Motion to Compel Further Responses 291
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.09
Excerpt: ...ly and as successors in interest to Jose Fernando Jimenez (“Jose”), initiated this survival action against Defendants, Steven Kazuo Kurashima (“Steven”) and Diana Kurashima (“Diana”). Plaintiffs filed the operative First Amended Complaint (“FAC”) on July 5, 2022. In the FAC, Plaintiffs allege Steven was operating a vehicle owned by Diana at an unsafe speed when he collided with Jose as he was crossing the street. On July 12, 2023,...
2023.10.09 Motion to Continue Trial 928
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.09
Excerpt: ...ants, PV Holdings Corp., Inc. and Avis Budget Group, Inc., filed this motion to continue the trial date and all trial-related dates so that Defendants' motion for summary judgment may be heard before trial. Defendants' summary judgment motion is scheduled for February 1, 2024. Plaintiffs oppose and Defendants reply. II. LEGAL STANDARD TO CONTINUE TRIAL California Rules of Court, rule 3.1332, subdivision (b) outlines that “a party seeking a cont...
2023.10.09 Motion to Set Aside Dismissal 720
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.09
Excerpt: ... complaint against Defendant, Jeffery Allan Klein, for injuries arising from a motor vehicle accident involving Defendant and Plaintiff's insured. On June 6, 2023, after Plaintiff failed to appear at the Final Status Conference and at trial, the Court dismissed the Complaint pursuant to CCP 581(b)(3). The Clerk of the Court mailed notice of the Court's order on the same day. On July 17, 2023, Plaintiff filed this motion to set aside the dismissal...
2023.10.06 Motions to Compel Further Responses 815
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.06
Excerpt: ...tion against Defendant, Los Angeles County Metropolitan Transportation Authority (“LACMTA”), for injuries arising from a motor vehicle collision between Plaintiff and an LACMTA bus operated by Jon Paul Jimenez. Plaintiff later amended the Complaint to name Mr. Jimenez as a defendant. On August 14, 2023, Plaintiff filed these motions to compel LACMTA's further responses to Plaintiff's Special Interrogatories, Set One, Request for Production of...
2023.10.06 Motion to Compel Compliance with Deposition Subpoena 752
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.06
Excerpt: ...OCKPOINT FUNDING LLC Defendants Soto Provision and Salvador Gabriel Plaintiff Monica Ruiz Herrera This action[l] for personal injury damages and workers compensation subrogation arises from a July 21, 2017 multiple vehicle rear-end collision. Monica Ruiz Herrera ("Herrera") was driving on the freeway in the course and scope of her employment with California Joint Powers Insurance Authority ("CJPIA"), when Salvador Gabriel ("Gabriel") collided his...
2023.10.06 Motion to Compel Answers to Deposition, Second IME 938
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.06
Excerpt: ...ds I. INTRODUCTION On October 29, 2021, Plaintiff, Stacy Fields, filed a form complaint against defendant Los Angeles County Metropolitan Transportation Authority (“LACMTA”) for injuries Plaintiff sustained on an LACMTA bus. Plaintiff alleges that, on December 25, 2020, as he boarded the bus, the bus operator closed the bus doors on him. Plaintiff alleges he sustained injuries to his back and suffers headaches. Motion to Compel Plaintiff's An...
2023.10.06 Motion for Terminating Sanctions 053
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.06
Excerpt: ...ht Transportation Inc. ("Knight Transportation"), and Martn Ferlito for injuries arising from a motor vehicle collision. Plaintiff is self-represented. On July 5, 2023, the Court granted Defendant's Motions to Compel Plaintiff's Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents. Plaintiff did not oppose the motion or appear at the hearing. Pursuant to the Court's order, Plaintiff was ordered to pr...
2023.10.06 Motion for Summary Judgment 995
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.06
Excerpt: ...ence and premises 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 ...
2023.10.06 Demurrer, Motion to Strike 316
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.06
Excerpt: ...ity of Los Angeles (“City”), and Mexican American Opportunity Foundation, for (1) Negligence, (2) Premises Liability, and (3) Respondeat Superior. Plaintiff alleges she was working as a substitute teacher at Preschool & Day Care Staffing Firm at 3440 Wilshire Blvd Suite 1111, Los Angeles, California (the “Premises”) when a student assaulted Plaintiff. Plaintiff further alleges the Defendants owned, maintained, controlled, managed, and ope...
2023.10.05 Demurrer, Motion to Strike 285
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.05
Excerpt: ...ndant, Alberto Reyes Cruz, for injuries arising from a motor vehicle accident. The Complaint asserts cause of action for (1) Motor Vehicle and (2) General Negligence. Gross negligence is alleged as part of the general negligence claim. Plaintiffs seek punitive damages. According to the Complaint, Defendant was operating a vehicle while legally intoxicated when he failed to stop at a red light and collided with Plaintiffs' police vehicle. Plaintif...
2023.10.05 Motion for Leave to Amend Pleadings, for Judgment on the Pleadings 551
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.05
Excerpt: ...(erroneously sued as “Carparts.com, Inc.”), for injuries arising from a March 23, 2021, fall from an “order picker” at Defendant's warehouse in Grand Prairie, Texas. Plaintiff was in the course and scope of his employment for Defendant's subcontractor, labor management company nGroup Performance Partners (“nGroup”), and was working in Defendant's auto parts warehouse. On May 19, 2023, Plaintiff filed a First Amended Complaint (“FAC�...
2023.10.05 Motion for New Trial 559
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.05
Excerpt: ...s and Mabry Management 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. Deemed Admissions On August 24, 2022, Defendants filed a Motion to Have Requests for Admissions Deemed Admitted against Plaintiff. Plaintiff failed to file ...
2023.10.04 Motion to Compel Responses, to Deem RFAs Admitted 031
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.04
Excerpt: ...SPONDING PARTY: No opposition I. BACKGROUND On February 27, 2023, Defendant, Joseph Ward, filed these motions to compel Plaintiff, Deborah D. Jackson, to provide responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, and to deem the Request for Admissions, Set One, admitted against Plaintiff. Defendant seeks sanctions against Plaintiff and her counsel. The motions are unoppo...
2023.10.04 Motion to Compel Responses, for Establishing Admissions 494
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.04
Excerpt: ..., Defendant, Brodie Dawson Galland, filed this motion to compel Plaintiff, Marie Vega, to provide responses to Demand for Supplemental Inspection and Production of Documents , Set One, and a motion for an order establishing the truth of each matter specified in Requests for Admission, Set One, against Defendant. Plaintiff seeks sanctions against Defendant and his counsel. The motions are unopposed. II. LEGAL STANDARDS TO COMPEL RESPONSES TO DISCO...
2023.10.04 Motion to Compel Deposition of PMK, Further Responses 190
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.04
Excerpt: ...fendant 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 Caramedix's driver, Robert Villa, failed to properly restrain Decedent's wheelchair in th...
2023.10.04 Motion to Compel Deposition 531
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.04
Excerpt: ...s, Evans Community Adult School and Los Angeles Unified School District (“LAUSD”), for injuries arising from a slip and fall in the restroom of the Evans Community Adult School.¿ On September 7, 2023, LAUSD filed this motion to compel Plaintiff to appear at deposition. LAUSD requests sanctions. The motion is unopposed. II. LEGAL STANDARD TO COMPEL DEPOSITION Any party may obtain discovery by taking in California the oral deposition of any pe...
2023.10.04 Motion for Leave to Amend Complaint 959
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.04
Excerpt: ...his Guardian Ad Litem, Marta Elizabeth Gutierrez Aparacio, initiated this action against Defendant, Jose Mendoza, for injuries arising from a motor vehicle accident. Defendant filed an Answer to the Complaint on November 28, 2022. On December 14, 2022, Defendant filed a cross-complaint against Wilson Villalta Gutierrez for apportionment and partial indemnity. On August 30, 2023, Defendant filed this motion for leave to amend his cross-complaint t...
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 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 ...
2023.10.02 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 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...
2023.09.28 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 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...
2023.09.19 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 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 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 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 ...
2023.09.13 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 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 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 ...
2023.09.07 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 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 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 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 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...
2023.09.06 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...
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 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...
2023.08.29 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 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...
2023.08.28 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 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...
2023.08.24 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...
2023.08.23 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 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...
2023.08.21 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 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...
2023.08.16 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...
2023.08.15 Motion for Determination of Good Faith Settlement 131
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.15
Excerpt: ...ction against Defendants, Kusum R. Shah and Rashmi K. Shah (the “Shahs”), and Rosecrans Gardens Homeowners Association, Inc. (“Settling Defendant”), asserting causes of action for general negligence and premises liability. On the morning of October 30, 2019, Plaintiff was stabbed multiple times by her then boyfriend who entered her bedroom through an unsecured window. Plaintiff was a tenant of a condominium unit owned by the Shahs at the ...
2023.08.15 Demurrer 287
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.15
Excerpt: ...t Defendants, Zoe Dimmmel-Alexeff (“Dimmel-Alexeff”), Alexander Alexeff, USA Triathlon California, Malibu Triathlon Productions, LLC, Super League Holdings PT, LTD, City of Malibu, County of Los Angeles, State of California, State of California Highway Patrol, Total Barricade Services, and State of California, acting by and through the Department of Transportation (“Caltrans”), for injuries sustained in a cyclist vs. motor vehicle inciden...
2023.08.10 Motions to Compel Further Responses 539
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.10
Excerpt: ...McElrath, filed this action against Defendant, Los Angeles County Metropolitan Transportation Authority (“LACMTA”), for injuries Plaintiff sustained as a passenger of a LACMTA bus. On September 20, 2022, Plaintiff served LACMTA with Special Interrogatories, Set One (“Set One”). LACMTA served untimely responses. Further, Plaintiff took issue with the responses. On December 13, 2022, Plaintiff served LACMTA with Form Interrogatories, Set Tw...
2023.08.10 Motion to Continue Trial 379
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.08.10
Excerpt: ...ial date so that its motion for summary judgment may be heard before trial. Defendants also request for all trial related deadlines to run with the new trial date. Trial is currently scheduled for December 28, 2023. The hearing for Defendants' motion for summary judgment is reserved for March 29, 2024. This is the first request for a trial continuance. The motion is unopposed. II. LEGAL STANDARD TO CONTINUE TRIAL California Rules of Court, rule 3...

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