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2024.02.14 Motion to Confirm Arbitration Award 356
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.14
Excerpt: ...AL AND PROCEDURAL 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 Roisman, 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 grant...
2024.02.14 Motion for Summary Adjudication 189
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.14
Excerpt: ...ia America, Inc. (“Kia”). Plaintiff filed a First Amended Complaint (FAC) on May 5, 2022, for (1) Violation of Song -Beverly Act, Breach of Express Warranty; (2) Violation of the Song - Beverly Act, Breach of Implied Warranty; (3) Fraudulent Inducement – Concealment; and (4) Fraudulent Inducement – Misrepresentation. Plaintiff purchased a new 2017 Kia Sportage from Allstar Kia on September 17, 2016. Plaintiff alleges the vehicle was defec...
2024.02.09 Demurrer 084
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.09
Excerpt: ...e retained Defendants, Joshua Driskell, Primuth Driskell & Terzian LLP, and Lagerlof LLP, in November 2018 to represent Plaintiff in the underlying probate action filed as 18STPB11264 in the County of Los Angeles. On August 3, 2022, Plaintiff filed a Complaint in pro per against Defendants. Thereafter, Plaintiff filed the First Amended Complaint on November 4, 2022, and the Second Amended Complaint (SAC) on December 8, 2022. The SAC alleged cause...
2024.02.08 Motion to Compel Arbitration 838
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.08
Excerpt: ...ion action. On October 11, 2023, Plaintiff, Ingrid Rodriguez, filed a Complaint against her former employer, Defendants, Medix Staffing Solutions, Inc., and Medix Staffing Solutions, LLC, and its client, PATH[1], alleging claims for: 1. Harassment in Violation of Government Code § 12940(j) 2. Wrongful Termination in Violation of Public Policy 3. Discrimination in Violation of Government Code § 12940(a) 4. Retaliation for Harassment and/or Discr...
2024.02.08 Motion to Compel Arbitration 011
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.08
Excerpt: ... her former employer, Defendant, MorBro Logistics, for: (1) Disability Discrimination in Violation of Cal. Gov. Code § 12940 (a); (2) Disability Discrimination in Violation of Cal. Gov. Code § 12940 (m) – Failure to Provide Reasonable Accommodation; (3) Disability Discrimination in Violation of Cal. Gov. Code § 12940 (n) – Failure to Engage in the Interactive Process; (4) Retaliation in Violation of Cal. Gov. Code § 12940 (h); (5) Failure...
2024.02.08 Motion for Reconsideration of Motion to Compel Deposition 100
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.08
Excerpt: ...SUBPOENA FOR GOLDBERG PLAINTIFF'S MOTION TO COMPEL THE ATTENDANCE AT DEPOSITION OF DEFENDANT KURT BIER PLAINTIFF'S MOTION TO COMPEL FURTHER DEPOSITION OF DEFENDANT KENNETH SKIPPER-DOTA DEFENDANTS SKIPPER-DOTTA'S AND BIER'S EX PARTE APPLICATION TO CONTINUE TRIAL AND SET HEARING DATE FOR SUMMARY JUDGMENT I. INTRODUCTION On December 9, 2019, Plaintiff, LGT, a minor, by and through her guardian ad litem, Ernest Calhoon, initiated this legal malpracti...
2024.02.07 Motions for Publication for Service Via Secretary of State 575
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.07
Excerpt: ...lleged misrepresentations made by Defendant, Johnny Hickey, which led to the transfer and theft of $30,000 from Plaintiff. To date, Plaintiff has been unable to serve Defendant. On January 3, 2024, Plaintiff Josue Valdez filed this Motion for an Order Allowing Service of Summons and Complaint Upon Defendant Johnny Hickey by Publication. The motion is unopposed. II. LEGAL STANDARD Where a defendant cannot with reasonable diligence be served in any...
2024.02.07 Motion to Tax Costs 542
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.07
Excerpt: ...o Tax Costs is granted in part. Moving party to give notice. If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. On December 7, 2023, Plaintiffs Patricia Beecham, personal rep. of The Estate of Praxedes E. Running, and Patricia Beecham and Leia Bowers, co-trustees of the Praxedes E. Running Trust filed a memorandum of costs in the amount of $135,23...
2024.02.06 Motion to Continue Trial 062
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.06
Excerpt: ... against Defendant, Maziar Yarahmadi, alleging that portions of Defendant's property encroach on the Plaintiffs' property. On December 8, 2022, Plaintiffs filed the operative First Amended Complaint (FAC). On January 31, 2023, Defendant filed an Answer to the FAC. Defendant now moves for an order continuing the trial date for at least 180 days and to set all trial-related deadlines to the new trial date. Plaintiffs filed an opposition. Defendant ...
2024.02.06 Motion to Compel Arbitration Fees, for Sanctions 773
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.06
Excerpt: ...RTY: Defendant CarMax Auto Superstores, Inc. I. INTRODUCTION On April 20, 2023, Plaintiff, Giselle Maciel, filed a consumer arbitration demand against Defendant CarMax Auto Superstores, Inc. (“CarMax”) with JAMS. On July 26, 2023, JAMS issued to CarMax an invoice for payment of arbitration fees. Payment was requested by August 26, 2023. Plaintiff inquired whether CarMax had timely paid the invoice. On September 27, 2023, JAMS confirmed they h...
2024.02.06 Motion for Attorney Fees 537
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.06
Excerpt: ...Ford Fontana, for violations of the Song-Beverly Consumer Warranty Act, Civil Code § 1790, et seq. Ford filed an Answer to the Complaint on August 8, 2023.¿ On November 1, 2023, Ford served an Offer to Compromise and Acceptance Under Code of Civil Procedure section 998.¿ Plaintiff accepted the 998 Offer on December 4, 2023. On January 9, 2024, Plaintiff filed this Motion for Attorney's Fees and Costs and concurrently filed a Memorandum of Cost...
2024.02.05 Motion for Leave to File FAC 685
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.05
Excerpt: ...inalhori (“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...
2024.02.05 Motion to Quash or Modify Deposition Subpoena for Production of Employment Records 151
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.05
Excerpt: ...ion and wrongful termination action. On May 5, 2023, Plaintiff, Lisa Pettinelli, filed a Complaint against Defendant, Regents of the University of California (erroneously sued as UCLA Health; UCLA Medical Center, Santa Monica; UCLA Stana Monica Medical Center; University of California). On July 25, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) Retaliation in Violation of Labor Code, § ...
2024.02.01 Motion to Compel Compliance with Subpoena Duces Tecum 065
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.01
Excerpt: ...rofit. On September 14, 2022, Plaintiff, Cultivare Group LLC, filed a Complaint against Defendants, 640 South Lake Owner's Association (“South Lake”), Don Neill, Sonia Nayak, and Michael Finnegan, alleging that the Defendants breached their fiduciary duty and the CC&Rs by failing to timely process Plaintiff's application to undertake renovations of the unit and for failing to approve the installation of certain flooring in the unit. Eventuall...
2024.02.01 Motion for Stay of Proceedings 244
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.01
Excerpt: ...and Maclean Chung Law Firm, to obtain a determination from the probate court in the underlying action that certain amendments to the Robert L. Townsend Irrevocable Life Insurance Trust were invalid. However, Defendants failed to timely file a petition to determine the validity of the amendments. As a result, the probate court granted summary judgment to the party opposing plaintiff's challenge to the validity of the trust amendments. On February ...
2024.02.01 Demurrer with Motion to Strike 374
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.02.01
Excerpt: ...intiff, Khatchatur Berberian, 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 V...
2024.01.31 Motion to Compel Further Responses 596
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.31
Excerpt: ...illermo Rodriguez, filed this action against Defendant, Kristie Smith, in her capacity as an individual, as successor trustee of the Lou Cutell Trust, and as sole successor in interest to the Estate of Lou Cutell. Plaintiff alleges that Defendant unduly influenced decedent Lou Cutell to remove Plaintiff from receiving his inheritance under decedent's trust. Plaintiff is currently self-represented.[1] On December 6, 2023, Defendant filed a motion ...
2024.01.30 Motion to Compel Arbitration and Stay Action Pending Arbitration Outcome 052
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.30
Excerpt: ...t pursuant 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, ...
2024.01.30 Demurrer 038
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.30
Excerpt: ...unga, CA 91042 (the “Samoa Property”). On November 9, 2023, Plaintiff, Celeste M. Mulrooney, filed the operative First Amended Complaint (FAC) against Defendant Susan Florence Scalzo for (1) Partition, (2) Breach of Contract, (3) Fraud, (4) Common Counts, and (5) Declaratory Relief. The FAC is verified. The FAC alleges as follows: Plaintiff and Defendant are sisters. In July 2011, the parties entered into an oral agreement to jointly purchase...
2024.01.26 Motion to Compel Deposition 459
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.26
Excerpt: ...eters ("Peeters") and Money Tax Group, Inc., alleging causes of action for (1) Violation of the Tax Preparation Act (Bus. & Prof. Code SS 22250 et seq.), (2) Fraud, (3) Violation of Penal Code S 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 deposition on the ground...
2024.01.26 Motion for Judgment on the Pleadings 065
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.26
Excerpt: ...efendant, MFS Supply, LLC, 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 April 24, 2023, Plaintiff served Defendant with discovery req...
2024.01.25 Demurrer, Motion to Strike 665
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.25
Excerpt: ...ars old and has been receiving medical care from Cedars-Sinai Medical Center (“Cedars Sinai”) from July 2021 to present. On June 16, 2022, Plaintiff was admitted to Cedars Sinai for in-patient neck surgery. She was transported on the Cedars Sinai campus from a personal vehicle to her patient room while seated in her personal transport chair. The chair did not have footrests. Plaintiff underwent neck surgery. On June 21, 2022, Plaintiff was di...
2024.01.24 Demurrer, Motion to Strike 973
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.24
Excerpt: ...edical treatment. On June 16, 2023, Plaintiff, Elena Jahnke, filed a Complaint against Defendants, Blue Cross of California dba Anthem Blue Cross (“Anthem”) and Preferred IPA of California (“Preferred IPA”), asserting causes of action for (1) Breach of the Implied Covenant of Good Faith and Fair Dealing, (2) Breach of Contract, (3) Violations of Business & Professions Code section 17200, and (4) Negligence. The First, Second, and Third Ca...
2024.01.23 Motions to Compel Responses, to Deem RFAs Admitted 358
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.23
Excerpt: ...ts, 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. To date, Quik Tow has not served 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 Specia...
2024.01.23 Motion for Summary Judgment, Adjudication 760
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2024.01.23
Excerpt: ...cessive force and infringements of federal rights. In response to the murder of George Floyd, protestors gathered near the intersection of Beverly Blvd. and The Grove Drive/Stanley Drive (the “Stanley Protest”), among other locations. On May 30, 2020, Plaintiff, Jonathan Rivera, participated in the Stanley Protest. Los Angeles Police Department (“LAPD”) and Los Angeles County Sheriff's Department (“LACSD”) deployed law enforcement to ...

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