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Judge: Bensinger, Kerry x
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 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...
2024.02.14 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 ...
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 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 ...
2024.02.09 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 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, § ...

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