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Location: Los Angeles x
Judge: Bensinger, Kerry x
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 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...
2024.03.28 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...
2024.03.27 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 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...
2024.03.15 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 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 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...
2024.03.14 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...

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