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Judge: Bensinger, Kerry x
2023.12.20 Demurrer, Motion to Strike 832
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.20
Excerpt: ...ng that she purchased a defective 2017 Chevrolet Tahoe (the “Vehicle”) which Defendant's failed to conform to the Vehicle's express warranties. On July 20, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”) asserting 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 3. Breach of Express Warranty under California Commer...
2023.12.19 Motion for Summary Judgment, Adjudication 163
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.19
Excerpt: ...021, Plaintiff, Veronica Yameleth Bonilla, filed a Complaint against Defendant, Numero Uno Acquisitions, LLC, alleging causes of action for: (1) Retaliation in Violation of the California Family Rights Act (CFRA) (2) Discrimination in Violation of the CFRA (3) Disability Discrimination in Violation of the Fair Employment and Housing Act (FEHA) (4) Failure to Engage in a Good Faith Interactive Process in Violation of the FEHA (5) Failure to Provid...
2023.12.19 Motion to Strike Punitive Damages 034
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.19
Excerpt: ...this action against Defendants, Shahco, Inc. (“Shahco”) and Shahram Saba (“Saba”), alleging causes of action for (1) Public Nuisance, (2) Public Nuisance Per Se, (3) Abatement of Public Nuisance, (4) Private Nuisance, (5) Private Nuisance Per Se, and (6) Negligence. The Complaint alleges as follows: Plaintiffs are the owners and residents of real property at 1545 Cambria Street, Los Angeles, California 90017. Shahco, a corporation, is the...
2023.12.15 Motion to Expunge Lis Pendens 229
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.15
Excerpt: ...ants, First American Title Insurance Co. and Urbana Bonnie Footte, for taking a loan out on the residence at 1250 King Lake Dr., Diamond Bar, California 91765 (the “Subject Property”) without Plaintiff's consent. On July 25, 2023, Plaintiff filed the operative First Amended Complaint (“FAC”), alleging causes of action for (1) Negligence and (2) Intentional Tort. The FAC adds JP Morgan Chase Bank (“Chase”) as a defendant. On October 13...
2023.12.15 Motion to Compel Further Responses 358
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.15
Excerpt: ... Ignacio Gonzalez, for wage and hour violations. ¿ On November 14, 2022, Plaintiff served Quik Tow with Special Interrogatories, Set One. ¿On June 13, 2023, Quik Tow served responses. Plaintiff took issue with the responses and sent a meet and confer letter. Defendant provided Plaintiff with extensions to file a motion to compel further in exchange for an extension to respond to the meet and confer letter. On October 26, 2023, after several ext...
2023.12.15 Motion for Reconsideration 414
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.15
Excerpt: ...fendants, 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 a motion for leave to file a First Amended Complaint (“FAC”) to add new defendants and causes of action. On October 2, 2023, after taking the matter under submission, the Court denied the motion for leave to am...
2023.12.15 Demurrer, Motion to Strike 603
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.15
Excerpt: ...ages. On March 2, 2023, Plaintiff, Arami Cheyenne Walker, 1 filed a Complaint against Defendant, The Regents of the University of California (erroneously sued as Board of Regents, University of California), alleging causes of action for: (1) Appropriation (Civil Code section 3344); (2) Breach of Contract; and (3) Negligent Infliction of Emotional Distress.¿¿Plaintiff alleges that, on May 28, 2015, she was approached by a photographer at Univers...
2023.12.14 Motions to Compel Responses, for Attorney Fees 340
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.14
Excerpt: ...iff, John Cadusale, filed these motions to compel Defendants, Alameda Restaurant LLC, Noypitz Bar & Grill LLC, Lauro Calonzo, and Wokcano Cerritos, LLC, to provide responses to Plaintiff's Request for Production of Documents, Set One. Plaintiff seeks sanctions against Defendants. Defendants filed Oppositions.[1] Plaintiff filed Replies. II. LEGAL STANDARD TO COMPEL DISCOVERY RESPONSES If a party to whom inspection demands were directed fails to s...
2023.12.14 Motion to Compel Deposition 100
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.14
Excerpt: ...legal malpractice action against Defendants, Arthur Goldberg, Kurt E. Bier, Kenneth Skipper- Dotta, an Working People's Law Center. On September 21, 2023, Plaintiff served Defendant Goldberg with a Notice of Deposition which also included requests for production of documents. The deposition was noticed for October 6, 2023. Defendant Goldberg agreed to appear. On September 27, 2023, defense counsel notified Plaintiff that Defendant Goldberg had be...
2023.12.14 Motion for Summary Judgment 597
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.14
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...
2023.12.13 Motion for Reconsideration 340
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.13
Excerpt: .... On July 28, 2022, Plaintiff filed the first amended complaint (FAC) against Defendants Alameda Restaurant LLC, Noypitz Bar & Grill LLC, Lauro Calonzo, and Wokcano Cerritos, LLC, alleging seven causes of action for: (1) failure to provide meal breaks; (2) failure to provide rest breaks; (3) failure to pay wages; (4) failure to pay overtime; (5) failure to provide accurate itemized wage statements; (6) violation of Business and Professions Code s...
2023.12.13 Demurrer 264
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.13
Excerpt: ...res screen reading software to read website content and access the content. Defendant, Johnny Was, LLC, owns and operates clothing store locations in California, including a store in Manhattan Beach, California. Defendant has a public website which provides access to Defendant's array of services, including a location locator, description of its products, and amenities, among other things. Plaintiff claims the website is maintained in such a way ...
2023.12.12 Application for Determination of Good Faith Settlement 627
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.12
Excerpt: ...020, Plaintiffs Romelia Leon de Garcia; Belisario Garcia; Jesus Alexander Garcia by and through his guardian ad litem Romelia Leon De Garcia, et al. filed a Complaint against Bruce A. Roden and Susan M. Roden, as individuals and trustees of the Living Trust of Bruce A. Roden and Susan M. Roden 1995 Dated July 20, 1995 (“Settling Defendants”), Gordon Cole, LLC, AQP Management, Inc., and Joel Estrada. On August 24, 2023, Gordon Cole, LLC, AQP M...
2023.12.12 Motion to Quash Deposition Subpoena for Production of Business Records 713
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.12
Excerpt: ...rsement for the renovation of two properties on 49th Street and Roy Street in Highland Park, California. The parties are in the business of flipping houses. On June 5, 2022, Plaintiff, Kendall Key dba A Paper Street, filed a Complaint against Defendants, Robert Pereira and Vista Park Properties, LLC. On September 13, 2023, Plaintiff filed the First Amended Complaint (“FAC”) against Defendants alleging causes of action for (1) Breach of Contra...
2023.12.12 Motion for Leave to File FAC 784
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.12
Excerpt: ...oration, initiated this action against Defendants, Aquatherm, L.P., AENA NA, L.C., and Aquatherm GMBH, for (1) Breach of Express Warranty, (2) Strict Products Liability – Manufacturing Defect, and (3) Strict Products Liability – Design Defect. The Complaint alleges that Aquatherm Green Piping leaked. On August 25, 2023, Plaintiffs filed this motion for leave to file the First Amended Complaint. On December 5, 2023, Plaintiffs filed a Notice o...
2023.12.06 Motion to Compel Deposition 257
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.06
Excerpt: ... wrongful termination action against Defendant, Cedars-Sinai Medical Center. On December 5, 2022, Defendant served Plaintiff with a Notce of Deposition which also included requests for production of documents. Plaintiff timely served a written objection to the deposition stating that Plaintiff would not appear on the grounds the deposition date "was unilaterally selected and is inconvenient to Plaintiff's counsel." The objection was not interpose...
2023.12.06 Motion for Reconsideration 106
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.06
Excerpt: ...en an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditonally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notce of entry of the order . . . [may] make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the applic...
2023.12.05 Motion for Trial Preference, to Compel Arbitration 236
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.05
Excerpt: ...lan, alleging seven causes of action for: (1) wrongful termination in violation of public policy; (2) disability discrimination: failure to accommodate in violation of Government Code section 12940(m); (3) disability discrimination: retaliation — failure to accommodate in violation of Government Code section (4) disability discrimination - failure to engage in interactive process — Government Code section 12940(n); (5) retaliation in molation...
2023.12.01 Motion for Protective Order 112
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.01
Excerpt: ...th America, Inc., Ajinomoto Frozen Foods, U.S.A, Inc., and Trader Joe's Company, alleging causes of action for (1) breach of written contract, (2) intentional interference with prospective economic advantage, (3) fraud, (4) negligent misrepresentation, (5) unfair competition, (6) breach of fiduciary duty, (7) aiding and abetting breach of fiduciary duty, (8) violation of California Uniform Trade Secrets Act, and (9) misappropriation of confidenti...
2023.12.01 Motion for Non-Statutory Judgment on the Pleadings 429
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.12.01
Excerpt: ...soz, reached out to Chris Furie (“Furie”), a real estate broker, for assistance in purchasing a property located at 943 N. Laurel Avenue in Los Angeles, California. Instead 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 ...
2023.11.30 Motion for Reconsideration 106
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.30
Excerpt: ...lication to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.” (Code Civ. Proc., § 1008(a).) A trial court has discretion with respect to granting a m...
2023.11.30 Motion for Contempt 531
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.30
Excerpt: ...at Defendant intentionally cancelled Plaintiff's health insurance policy. As a result, Plaintiff suffered emotional and physical distress, as well as monetary damages. The operative First Amended Complaint (“FAC”) was filed on July 13, 2023. Plaintiff is self-represented. On September 8, 2023, Defendant filed a Demurrer and Motion to Strike the FAC. Plaintiff filed Opposition documents on September 26 and September 28, 2023. Defendant filed a...
2023.11.29 Motion for Summary Judgment, Adjudication 305
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.29
Excerpt: ...the Fair Employment and Housing Act (“FEHA”). Plaintiff, Randi Winter, was employed at El Camino Community College District (“El Camino”) as a journeyman plumber from September 2002 to November 2018. Commencing in the Fall of 2010 through 2018, Plaintiff alleges that Thomas Brown (“Brown”), Director of the Facilities, Planning and Services Department at El Camino, and Robert Brobst (“Brobst”), the Assistant Director, discriminated...
2023.11.29 Motion for Leave to File FAC 760
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.29
Excerpt: ...laim for excessive force. In response to the murder of George Floyd, protestors gathered along Beverly Blvd. near The Grove Drive shopping center. On May 30, 2023, Plaintiff, Jonathan Rivera, participated in the protest near the intersection of Beverly Blvd. and N. Fairfax Ave. (“Fairfax Protest”). Los Angeles Police Department (“LAPD”) and Los Angeles County Sheriff's Department (“LACSD”) deployed law enforcement to provide crowd con...
2023.11.28 Motion for Terminating Sanctions 943
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.28
Excerpt: ...ach, California (the “Subject Property”). 910 Torrance Blvd., LLC (“910 Torrance”), owns a one-third (1/3) interest as a tenant in common of the Subject Property. London Towne Center, LLC (“LTC”) owns a two- thirds (2/3) interest in the Subject Property. Thomas Norris (“Norris”) is the sole member and manager of LTC. On March 12, 2021, Plaintiffs, 910 Torrance, Leslie H. Winner, and Lynda Winner, individually and as trustees of th...

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