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2023.03.08 Motion for Leave to File Complaint 593
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.08
Excerpt: ...m a motor vehicle collision. Defendant filed a General Denial on February 25, 2021. On October 31, 2022, Defendant filed this Motion seeking leave to file a cross-complaint against Shakur Malik-Mehdi Forrest (“Forrest”). The Motion is unopposed. II. Legal Principles A party against whom a cause of action has been asserted in a complaint or cross-complaint may file a cross-complaint asserting any cause of action against a person alleged to be ...
2023.03.07 Motion for Summary Judgment 493
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.07
Excerpt: ... this action against defendants Our Lady of Lourdes Catholic Church (“Church”) and Archdiocese of Los Angeles (“Archdiocese”) (collectively “Defendants”) for negligence and premises liability. The complaint arises out of injuries Plaintiff suffered when Plaintiff's foot got caught in a hole on a speedbump while attending a religious service at the Church. On May 5, 2022, Defendants filed the instant motion for summary judgment. Plaint...
2023.03.07 Motion to Continue Trial and Related Dates 230
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.07
Excerpt: ...endants Lyft, Inc., Kevin Marckwordt Zepeda, and Hertz Vehicles LLC ( “Hertz”). The action arises out of a motor vehicle collision which occurred on November 10, 2018. On January 10, 2023, Hertz filed the instant motion to continue the trial and all other relevant pre-trial dates so that Hertz's motion for summary judgment may be heard on October 5, 2023. No opposition has been filed. Trial is currently scheduled for ¿ June 23, 2023 ¿. II. ...
2023.03.07 Motion to Compel Compliance with Inspection Demand 516
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.07
Excerpt: ...ON On July 19, 2021, P laintiff Amber Lynn Webster (“ Plaintiff”) filed this action against defendant The City of Hermosa Beach (“Defendant”) alleging (1) dangerous condition of public property and (2) negligence. Plaintiff alleges that she was injured after colliding with a pothole while riding an electric bicycle (“e-bike”) on a public street in Hermosa Beach.¿ On October 31, 2022, Defendant served Plaintiff with a Notice of Inspec...
2023.03.02 Motion to Deem RFAs Admitted, for Monetary Sanctions 659
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.02
Excerpt: ...MER LLP Dept. 27 1:30 p.m. March 2, 2023 I. INTRODUCTION On May 19, 2022, plaintiff Eduardo Antonio Fuentes Medina (“Plaintiff”) filed this action against defendants Amazon.com Services LLC (“Amazon”), Rapid Pasadena Services, LLC (“RPS”), and Mark Ronnie Ramos (“Ramos”) asserting causes of action for (1) general negligence, (2) vicarious liability, (3) negligent hiring, training, retention and supervision, (4) negligent entrustme...
2023.03.02 Motion to Compel Further Responses, for Monetary Sanctions 981
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.02
Excerpt: ...ON OF MONETARY SANCTIONS 2. DEFENDANT MAURICE J. WILLIAMS'S MOTION FOR AN ORDER COMPELLING FURTHER RESPONSES TO SPECIAL INTERROGATORIES; REQUEST FOR IMPOSITION OF MONTERARY SANCTIONS 3. DEFENDANT MAURICE J. WILLIAMS'S MOTION FOR AN ORDER COMPELLING RESPONSES FOR REQUEST FOR PRODUCTION AND INSPECTION OF DOCUMENTS AND OTHER TANGIBLE THINGS; REQUEST FOR IMPOSITION OF MONETARY ) ) ) ) ) ) ) ) ) ) SANCTIONS Dept. 27 1:30 p.m. March 2, 2023 I. INTRODUC...
2023.03.02 Motion to Compel Further Responses, for Monetary Sanctions 372
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.02
Excerpt: ...RPORATION, AND REQUEST FOR MONETARY SANCTIONS 2. PLAINTIFF WOZTBELI ANTONIO GARCIA'S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE, PROPOUNDED ON DEFENDANT LESKY FIGUEROA, AND REQUEST FOR MONETARY SANCTIONS Dept. 27 1:30 p.m. March 2, 2023 ) ) ) I. INTRODUCTION On December 10, 2020, Plaintiff Woztbeli Antonio Garcia filed this action against Team Love Transport Corporation (“TLTC”) and Lesky Figueroa Aguiar (collectively...
2023.03.02 Motion to Quash or for Protective Order, for Sanctions 692
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.02
Excerpt: ...,561.65 Dept. 27 1:30 p.m. March 2, 2023 I. DISCUSSION On October 23, 2020, Plaintiff Robert Zieg (“Plaintiff”) filed this action against Defendant Edwin Kitagawa (“Defendant”) for motor vehicle and general negligence relating to a December 6, 2018, automobile collision. On November 8, 2022, Defendant served subpoenas on Dr. Alexandra Rudd- Barnard, Psy.D for medical records, radiology, and billing records. Plaintiff moved to quash the su...
2023.03.01 Motion to Compel Responses, for Monetary Sanctions 995
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.01
Excerpt: ... SANCTIONS OF $1,410 (2) PLAINTIFF'S MOTION TO COMPEL DEFENDANT NARINE PETERSSIAN'S VERIFIED RESPONSES WITHOUT OBJECTIONS, FOR REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; REQUEST FOR COSTS AND MONETARY SANCTIONS AGAINST DEFENDANT AND ATTORNEYS FOR THE SUM OF $1,410 Dept. 27 ) 1:30 p.m. March 1, 2023 I. INTRODUCTION On May 31, 2019, plaintiff Edik Minassian (“Plaintiff”) filed this action against defendants Jadel Oneida Tejeda, Gor Karapetia...
2023.03.01 Motion to Compel Deposition 634
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.01
Excerpt: ...ept. 27 1:30 p.m. March 1, 2023 I. INTRODUCTION On December 7, 2020, Suzanne Stanford-Kraft (“Plaintiff”) commenced the present action by filing a Complaint against City of Los Angeles (“Defendant City”) and Does 1 through 100. Plaintiff's Complaint arises from personal injuries sustained by Plaintiff following a trip-and-fall upon public property owned by Defendant City. Plaintiff's Complaint alleges a single cause of action for “Premi...
2023.03.01 Demurrers 282
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.03.01
Excerpt: ...August 11, 2020, Consuelo Martinez (“Plaintiff”) commenced the present action by filing a Complaint against City of Covina and Does 1 through 20. On October 20, 2020 and October 26, 2022, respectively, Plaintiff filed an “Amendment to Complaint (Fictitious/Incorrect Name)”, substituting Defendant Robert Raab (“Defendant Raab”) as Doe 1 and Defendant Alberto Castro (“Defendant Castro”) as Doe 3. Plaintiff's Complaint alleges a sing...
2023.02.28 Demurrer 384
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.28
Excerpt: ...arez, Ronnie Nevarez, Steven Nevarez, and Richard Nevarez (“Plaintiffs”) filed this medical malpractice action against Henry Mayo Newhall Memorial Hospital and Dr. Jong Charles Lee. On August 31, 2021, Plaintiffs dismissed Defendant Lee. On June 13, 2022, Plaintiff amended the complaint to add Defendant Darrin D. Privett, M.D. (“Privett”). On October 31, 2022, Plaintiffs filed the operative First Amended Complaint (“FAC”) alleging cau...
2023.02.28 Demurrer 101
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.28
Excerpt: ...xpress, OCLAEXPRESS.COM LLC, Jesus Velasquez, and Perla Velasquez (“Defendants”) for damages arising from a motor vehicle accident that occurred on February 1, 2019. The complaint alleges causes of action for (1) motor vehicle negligence; (2) negligence per se; and (3) intentional infliction of emotional distress. On January 24, 2023, Defendants filed the instant demurrer as to the second cause of action for negligence per se. No opposition h...
2023.02.28 Motion to Continue Trial 858
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.28
Excerpt: ...ively, “Defendants”). The Complaint does not expressly state a specific cause of action but the allegations sound in negligence. The Complaint alleges that on or about September 17, 2016, at a public street in Los Angeles, Defendants negligently entrusted, managed, maintained, drove, and operated their vehicle so as to cause it to collide with Plaintiff's vehicle, proximately causing Plaintiff's injuries and damages. (Compl., ¶¶ 8, 9.) On S...
2023.02.28 Motion to Compel Further Responses 589
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.28
Excerpt: ...vember 17, 2021, Plaintiff Juan Carlos Rosas Hernandez (“Hernandez”) filed this action against Defendants Steven R. Espinoza, aka Steven Ramirez Espinoza, Law Offices of Steven R. Espinoza, and Sae & JGE, LLC, asserting causes of action for (1) general negligence and (2) premises liability. The allegations in the Complaint allege the following. On November 27, 2019, defendants negligently, carelessly, and recklessly owned, entrusted, managed,...
2023.02.28 Motion to Compel Responses, for Monetary Sanctions 781
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.28
Excerpt: ...ANCTIONS (2) DEFENDANTS PC PALACES INC. AND PHU MANG PHANG'S MOTIONS TO COMPEL PLAINTIFF TZU-FEI CHU'S RESPONSES TO REQUESTS FOR PRODUCTION, SET TWO, AND REQUEST FOR MONETARY SANCTIONS (3) DEFENDANTS PC PALACES INC. AND PHU MANG PHANG'S MOTIONS TO COMPEL PLAINTIFF TZU-FEI CHU'S RESPONSES TO ALL INTERROGATORIES, SET TWO, AND REQUEST FOR MONETARY SANCTIONS Dept. 27 1:30 p.m. February 28, 2023 On March 3, 2020, Plaintiffs Fred Wai Hung Yue and Tzu-F...
2023.02.24 Motion to Continue Trial 905
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.24
Excerpt: ...ff Lovjeet Singh (“Plaintiff”) filed this action against defendants Avis Budget Group, Inc. (“Defendant”) (erroneously sued as “Budget Rent A Car System, Inc.”) and Kimberly Boutte arising from a motor vehicle collision that occurred on December 17, 2019. Defendant now seeks an order to continue the trial to a date beyond April 26, 2024, which is the earliest hearing date Defendant could reserve for their motion for summary judgment. ...
2023.02.24 Motion for Leave for Interpleader to Deposit Settlement Funds 836
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.24
Excerpt: ...rcia (“Peter”) and John Garcia (“John”) (collectively, “Plaintiffs”) 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 (“Egoavil”), Raymond Hill (“Hill”), Jose Cruz (“Cruz”), Andrea Jimenez (...
2023.02.23 Motion to Continue Trial and Reopen Discovery Deadlines 012
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.23
Excerpt: ...n November 2, 2020, Plaintiff filed a First Amended Complaint (“FAC”) against defendants Akop Kvryan, Ashkhen Kvryan, and Gevork Kvryan (“Defendants”) for personal injuries and property damage. Trial is currently set for March 23, 2023. On January 26, 2023, defendant Gevork Kvryan (“Defendant”) filed this instant motion to continue trial and reopen discovery deadlines. On February 2, 2023, Plaintiff filed an opposition which consisted...
2023.02.23 Motion for Issue and Evidence Preclusion Sanctions 345
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.23
Excerpt: ...ent action by filing a Complaint against City of Los Angeles (“Defendant”) and Does 1 through 20. Plaintiff's Complaint alleges the following causes of action: (1) Public Entity Liability; (2) Dangerous Condition of Public Property; and (3) Negligence. Plaintiff's Complaint alleges that, on approximately August 28, 2020, Plaintiff was riding a scooter on Abbot Kinney Boulevard when, without warning, Plaintiff came into contact with a pothole,...
2023.02.22 Demurrer, Motion to Strike 595
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.22
Excerpt: ...t defendants Bay Crest Care Center (sued and served as “Baycrest Care Center”), Sharon Care Center, Marina Raikhel, M.D., Reza Ghanian, M.D., and Torrance Memorial Medical Center (collectively, “Defendants”) for medical negligence. In the Complaint, Plaintiff alleges that “Defendants failed to meet their respective standard of care applicable to them in their care, treatment and diagnosis of Plaintiff” which caused Plaintiff “to be ...
2023.02.22 Motion to Compel Further Responses, for Monetary Sanctions 695
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.22
Excerpt: ...tiff Marthe De La Torre (“Plaintiff”) filed this action against Defendants Erjaei Seyed Hosein and Lyft, Inc. (“Lyft”) (collectively, “Defendants”) for injuries arising from a collision between Plaintiff, who was walking on a sidewalk, and Defendant Hosein, who was riding a Lyft motorized scooter. On September 15, 2022, Defendant Lyft filed the instant motion to compel further responses from Plaintiff to request for production of docu...
2023.02.22 Motion to Set Aside Dismissal 545
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.22
Excerpt: ...res (“Defendant”) for injuries arising from motor vehicle negligence and general negligence. On July 20, 2022, the Court granted Defendant's discovery motions and ordered Plaintiff to provide verified responses to Defendant's written discovery and pay monetary sanctions within 20 days. Plaintiff did not oppose Defendant's discovery motions or appear at the hearing. On July 27, 2022, Defendant filed notice of the Court's ruling and proof of se...
2023.02.17 Motion to Compel Verified Responses, for Monetary Sanctions 275
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.17
Excerpt: ...OTION TO COMPEL DEFENDANT WALMART, INC.'S VERIFIED ANSWERS TO FORM INTERROGATORIES, SET ONE, WITHOUT OBJECTION; REQUEST FOR MONETARY SANCTION Dept. 27 1:30 p.m. February 17, 2023 I. INTRODUCTION On August 16, 2021, plaintiff Fabienne Sanegor (“Plaintiff”) filed this action against defendants Walmart, Inc. (“Walmart”) and UKAP Trading LLLC for product liability arising out of Plaintiff's purchase and installation of a road bike pedal that ...
2023.02.17 Motion to Compel IME 281
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.17
Excerpt: ...t Christopher Thomas Lamb and Alcorn Fence Co. (collectively, “Defendants”). Plaintiff alleges motor vehicle negligence arising from an automobile collision that occurred on or about December 20, 2018. On November 17, 2022, Defendants filed a motion to compel Plaintiff to submit to Independent Medical Examination (IME) for a psychiatric examination pursuant to California Code of Civil Procedure section 2032.220 because Plaintiff has alleged e...
2023.02.16 Motion to Compel Responses, for Monetary Sanctions, to Deem RFAs Admitted 121
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.16
Excerpt: ...INTIFF'S MOTION TO COMPEL DEFENDANT E.V.R. TRUCKING, INC.'S RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; REQUEST FOR MONETARY SANCTIONS OF $3,816.75 (3) PLAINTIFF'S MOTION FOR AN ORDER DEEMING ADMITTED TRUTH OF FACTS AND GENUINENESS OF DOCUMENTS BY DEFENDANT E.V.R. TRUCKING, INC. TO REQUEST FOR ADMISSIONS, SET ONE; REQUEST FOR SANCTIONS OF $3,816.75 ) ) ) ) ) ) ) ) ) ) ) ) ) (4) PLAINTIFF'S MOTION TO COMPEL DEFENDANT E.V.R. TRUCKING, INC.'S RES...
2023.02.16 Motion for Summary Judgment, Adjudication 515
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.16
Excerpt: ...iff Otis Vann, Jr. (“Plaintiff”) filed this action against defendants Christopher G. Goring, M.D. (“Dr. Goring”), Jamie L. Taylor, M.D., St. Vincent Medical Center, and Verity Health System (collectively, “Defendants”) for medical malpractice and lack of informed consent relating to the administration of a flu vaccine to Plaintiff prior to undergoing hip surgery on October 16, 2018. Plaintiff alleges that Defendant's malpractice and f...
2023.02.14 Motion to Set Reasonable Expert Fees 221
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.14
Excerpt: ...�Defendant”) for injuries arising from a motor vehicle accident. On January 20, 2023, Plaintiff filed the instant Motion to set Defendant's biomechanics and accident reconstruction expert, Bryan Randles, M.S. (“Randles”), deposition rate of $1,000 per hour to a reasonable rate of $500.[1] Defendant filed an Opposition on January 31, 2023. Plaintiff filed her Reply on February 7, 2023. / / / / / / II. LEGAL STANDARD A party seeking to depose...
2023.02.14 Motion to Compel Further Deposition, for Sanctions 525
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.14
Excerpt: ...f Sylvia Ramirez (“Plaintiff”) filed a Complaint against Smart & Final, LLC and Smart & Final Stores, LLC for injuries arising from a slip and fall incident at defendant's premises. On October 5, 2022, Plaintiff filed the instant Motion to Compel Defendant Smart & Final Stores, LLC's (“Defendant”) PMK to provide further deposition testimony and produce documents. Plaintiff also requests sanctions. On January 31, 2023, Defendant filed an O...
2023.02.14 Motion to Compel Deposition, Production of Docs, for Monetary Sanctions 175
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.14
Excerpt: ...SUANT TO C.C.P. 2025.450 ET SEQ.; REQUEST FOR MONETARY SANCTIONS, COSTS, AND ATTORNEY'S FEES IN THE AMOUNT OF $2,936.65 AGAINST DEFENDANT PAYLESS CAR RENTAL, INC. AND/OR ITS ATTORNEYS OF RECORD GREGORY J. BRAMLAGE, AND/OR MACDONALD & CODY, LLP Dept. 27 1:30 p.m. February 14, 2023 I. INTRODUCTION On June 13, 2022, plaintiffs Christopher Lee, Robert Lee, and Christine Lee (collectively, “Plaintiffs”) filed this action against defendants Christi...
2023.02.10 Demurrer to FAC, Motion to Strike 140
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.10
Excerpt: ...Kim") and Susan Oh-Kim (collectively, "Plaintiffs") filed this action against defendants Arman Ali Tirmizi aka Arman Ali Tirmizzi ("Tirmizi") and Fatima Nizami (collectively, "Defendants"). Plaintiffs allege that on November 16, 2020, Kim was riding a motorcycle when he was hit by a motor vehicle operated by Tirmizi. On December 15, 2022, the court sustained Defendants' demurrer to the third cause of action for intentional infliction of emotional...
2023.02.10 Motion for Summary Judgment 533
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.10
Excerpt: ...a, Inc. (“Defendant”). The Complaint alleges that Plaintiff was walking up or near the steps leading to her seat at the subject premises when she slipped on water/similar substance on the floor and fell. The Complaint asserts causes of action for general negligence and premises liability. On October 12, 2022, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. On December 7, 2022, the court continued th...
2023.02.10 Demurrer to SAC, Motion to Dismiss 438
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.10
Excerpt: ...y Adefuye (“Plaintiff”) filed this action against Defendant Cabo Cantina LLC alleging he sustained injuries when he was attacked by a security guard. On September 29, 2021, Plaintiff filed the operative Second Amended Complaint (“SAC”) asserting causes of action for negligence, assault and battery, intentional infliction of emotional distress (“IIED”), and premises liability against Cabo Cantina, Southwest Traffic Corp., CC HLWD LLC, ...
2023.02.10 Motion to Compel Responses, to Deem RFAs Admitted 995
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.10
Excerpt: ... AND MONETARY SANCTIONS OF $1,410 (2) PLAINTIFF'S MOTION TO DEEM THE TRUTH OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSION (SET ONE) ADMITTED AND CONCLUSIVELY ESTABLISHED AS AGAINST DEFENDANT NARINE PETERSSIAN; REQUEST FOR COSTS AND MONETARY SANCTIONS AGAINST DEFENDANT AND ATTORNEYS FOR THE SUM OF $1,410 ) ) ) ) ) ) ) ) ) ) ) ) (3) PLAINTIFF'S MOTION TO COMPEL DEFENDANT NARINE PETERSSIAN'S VERIFIED RESPONSES WITHOUT OBJECTIONS, FOR FORM INTERROGAT...
2023.02.09 Motion to Continue Trial 790
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.09
Excerpt: ...inst defendant Allen D. Ye (“Defendant”). Trial is currently scheduled for March 23, 2023. Trial related discovery dates are still related to the previous November 14, 2022 trial date. Defendant seeks an order continuing the trial and related dates to April 24, 2023 or a date thereafter. Plaintiff opposes. II. LEGAL STANDARD Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332(a).) Continuances a...
2023.02.09 Motion to Compel Responses, for Monetary Sanctions 995
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.09
Excerpt: ...ANCTIONS OF $1,410 (2) PLAINTIFF'S MOTION TO COMPEL DEFENDANT JADEL ONEIDA TEJEDA'S VERIFIED RESPONSES WITHOUT OBJECTIONS FOR REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, AND COST AND MONETARY SANCTIONS OF $1,410 (3) PLAINTIFF'S MOTION TO DEEM THE TRUTH OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSION (SET ONE) ADMITTED AND CONCLUSIVELY ESTABLISHED AS AGAINST DEFENDANT GOR KARAPETIAN; REQUEST FOR ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )...
2023.02.09 Motion for Leave to File File Complaint 212
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.09
Excerpt: ... 16, 2021, filed the Second Amended Complaint (“SAC”) against The Arcadia Spine Center; Clarizio Chiropractic, Inc. (“Clarizo Inc.”); Dr. Winston Shi, an individual; Xu Shi Acupuncture, an unknown entity; Doe front Desk, an individual (Doe 1); Doe Office Manager, an individual (Doe 2); and Does 3 to 25, inclusive alleging (1) Medical Negligence; (2) Medical Battery; (3) False Imprisonment; (4) Negligence; (5) Premises Liability; (6) Negli...
2023.02.08 Motion to Specially Set Hearing on Motion for Summary Judgment, to Continue Trial 410
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.08
Excerpt: ...TION On December 6, 2021, Plaintiff Marco Chavira (“Plaintiff”) filed a complaint against Defendants California Landmark Group and CLG Management, LLC (“Defendants”) for eight causes of action: (1) breach of implied warranty of habitability; (2) premises liability; (3) negligence; (4) nuisance; (5) breach of contract; (6) breach of implied covenant of good faith and fair dealing; (7) breach of covenant of quiet enjoyment; and (8) violatio...
2023.02.08 Motion to Set Aside Default 256
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.08
Excerpt: ...efendants Duane King (“King”) and Cantara Village Condominium Association, Inc. (“Cantara Village”) (collectively, “Defendants”). On December 27, 2018, Defendant Cantara Village Condominium filed a Cross-Complaint against Defendant King for indemnity and contribution. On January 29, 2021, Plaintiff's request for entry of default against King was granted. On September 21, 2022, Defendant King filed an Answer to the Cross- Complaint. On...
2023.02.08 Motion to Compel Responses, for Monetary Sanctions 995
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.08
Excerpt: ...TIONS IN THE SUM OF $1,410 (2) PLAINTIFF'S MOTION TO DEEM THE TRUTH OF MATTERS SPECIFIED IN REQUESTS FOR ADMISSION (SET ONE) ADMITTED AND CONCLUSIVELY ESTABLISHED AS AGAINST DEFENDANT JADEL ONEIDA TEJEDA; REQUEST FOR COSTS AND MONETARY SANCTIONS AGAINST DEFENDANT AND ATTORNEYS FOR THE SUM OF $1,410 Dept. 27 ) 1:30 p.m. February 8, 2022 I. INTRODUCTION On May 31, 2019, plaintiff Edik Minassian (“Plaintiff”) filed this action against defendants...
2023.02.08 Motion to Compel Arbitration and Stay Proceedings 666
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.08
Excerpt: ...is action against defendants The State of California (the “State”), California Highway Patrol (“CHP”), Officer Leal (I.D. No. 21879) (“Leal”), Lyft, Inc. (“Lyft”), Jose Gabriel Martinez (“Martinez”), and Eugene Min Lee (“Lee”) alleging causes of action for (1) general negligence (2) negligence per se; (3) and statutory negligence. The first and second causes of action were asserted against Defendants Lyft, Martinez, and Le...
2023.02.07 Demurrer, Motion to Strike 760
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.07
Excerpt: ...“Defendant”) arising from a collision between a car and a motorized scooter that occurred on June 7, 2021. Plaintiff alleges that Defendant turned her motor vehicle into Plaintiff's lane of travel and collided into her. (SAC, ¶ 11.) Plaintiff swerved and was ejected from the scooter, causing her to strike her head and face into the rear of another vehicle on the street. (Ibid.) On November 23, 2022, following the Court sustaining a demurrer ...
2023.02.07 Motion to Dismiss 551
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.07
Excerpt: ... ) I. BACKGROUND This action arises out of a personal injury matter litigated between Frank Perez (“Plaintiff”) and Carparts.com. The Plaintiff sued Carparts.com for personal injury from a fall Plaintiff suffered on March 23, 2021. Carparts.com (“Cross-Complainant”) subsequently filed a cross-complaint against nGroup, Inc. (“Cross-Defendant”) for (1) contractual indemnity, (2) breach of contract-duty to defend, (3) breach of contract,...
2023.02.07 Motion for Summary Judgment, Adjudication 562
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.07
Excerpt: ...f Emma Chisholm (“Plaintiff”) filed this action against defendants Paramount Unified School District (“Defendant”) and Does 1 through 50, asserting a single cause of action for premises liability. This is a trip and fall case where Plaintiff alleges that she sustained injuries on August 31, 2018, due to a damaged portion of the sidewalk at Howard Tanner Elementary school. On May 6, 2022, Defendant filed this instant motion. On January 11,...
2023.02.03 Motion to Continue Trial and Continue Summary Adjudication Hearing 343
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.03
Excerpt: ...gainst defendants Marc I. Zussman and Tami C. Zussman (“Defendants”). Trial is currently scheduled for February 28, 2023. Plaintiff seeks an order continuing the trial and related dates and the motion for summary adjudication. Defendants oppose. II. LEGAL STANDARD Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332(a).) Continuances are thus generally disfavored. (See id. rule 3.1332(b).) Nevert...
2023.02.03 Motion for Summary Judgment 368
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.03
Excerpt: ...a Beta Company dba Food 4 Less (“Defendant”) for negligence and premises liability. On April 14, 2018, at approximately 3:13:52 p.m., Plaintiff tripped on a folded-over floor mat at Defendant's store located at 1717 South Western Avenue, Los Angeles, California 90006. On July 15, 2022, Defendant filed this motion for summary judgment arguing that it did not have actual or constructive notice of a dangerous condition that contributed to Plaint...
2023.02.03 Demurrer to TAC 000
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.03
Excerpt: ...successors in interest and/or personal representatives of the Estate of Charles Michael Farrell (“Decedent”) commenced this action against Defendants The Salvation Army (“TSA”), Colby Hudson Pinckard (“Pinckard”), Jackie Roe Triplett (“Triplett”), and Edwin Bonilla (“Bonilla”). The action arises out of an altercation between the Individual Defendants, who are three employees and beneficiaries (participants in a residential tre...
2023.02.03 Demurrer 827
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.03
Excerpt: ...ella LLC”), Lyft, Inc. (“Lyft”), and Does 1 to 25 (“Doe Defendants”), asserting three causes of action for (1) general negligence, (2) premises liability, and (3) products liability. On September 1, 2022, the Court entered an order (1) granting Plaintiff and Lyft's joint stipulation to allow the filing of the First Amended Complaint (“FAC”), and (2) deeming the FAC filed as of September 1, 2022. The FAC is attached as an exhibit to ...
2023.02.03 Motion to Quash Subpoena 725
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.03
Excerpt: ... case arising out of an automobile collision on May 13, 2019 between two plaintiffs Michael Burdette and Marlen Garibay (collectively plaintiffs) and Gilberto Plascencia Mora (defendant). Both plaintiffs sustained physical injuries from the collision. Defendant then served four subpoenas requesting a wide range of records, specifically “Any and all medical records” regardless of date, for each plaintiff (See Motion to Quash Garibay, Exhibits ...
2023.02.01 Motion for Summary Judgment 569
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.01
Excerpt: ...dant Markwins Beauty Brands, Inc. (“Defendant”). The Complaint alleges that Plaintiff “fell on steps/a raised concrete slab adjacent to a doorway when leaving a warehouse sale” at Defendant's establishment, causing Plaintiff injuries. The Complaint asserts causes of action for general negligence and premises liability. On July 26, 2022, Defendant filed a motion for summary judgment, or in the alternative, summary adjudication. Plaintiff f...
2023.02.01 Demurrer 060
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.01
Excerpt: ... against defendant City of Los Angeles, a municipality (the “City”), asserting one cause of action for negligence. The Complaint alleges the following: On September 13, 2020, Plaintiff was walking down the street on a sidewalk when she unexpectedly caught her left foot in an 8-inch, uncovered hole on the sidewalk. (Compl., ¶ 5.) When she tried to free her left foot out of the hole, she injured her left knee severely enough to require and obt...
2023.02.01 Demurrer 624
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.01
Excerpt: ...ACTION IN THE COMPLAINT Dept. 27 1:30 p.m. Feb. 1, 2023 I. INTRODUCTION Andrea Solorzano (“Plaintiff”) filed this action on May 17, 2021 against the City of Los Angeles (“City”), the County of Los Angeles (“County”), Kaiser Foundation Hospitals (“Kaiser”) (erroneously named “Kaiser Permanente” in the complaint), and DOES 1-50 (together, “Defendants”) after she tripped and fell on a public sidewalk. Kaiser is the owner of t...
2023.02.01 Motion to Compel Further Responses 505
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.01
Excerpt: ...inst defendant Daniel Harrell (“Defendant”), asserting causes of action for (1) general negligence and (2) motor vehicle. On July 22, 2022, Plaintiff filed a motion to compel Defendant's further responses to Plaintiff's Special Interrogatories, Set Two. On August 1, 2022, Defendant filed their opposition to the motion. On August 22, 2022, the Court held a hearing on the motion. The Court noted that the Seventh Amended Standing Order for Proce...
2023.02.01 Motion to Continue Trial 788
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.01
Excerpt: ...arch 21, 2019 ¿, plaintiff Adriana Villanueva, a minor by and through her Guardian Ad Litem, Dulce Reyes (“Plaintiff”) filed this premises liability action against Defendants. Trial is currently scheduled for March 6, 2023. The trial date related discovery and motions deadlines remain related to the previous January 9, 2023 trial date. Plaintiff seeks an order continuing the trial and related dates. Defendants, Montebello Unified School Dist...
2023.02.01 Motion to Quash Service 346
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.02.01
Excerpt: ...nts Nax Lei (“Defendant Lei”) and Does 1 through 50, asserting one cause of action for negligence against the defendants. The Complaint alleges the following: On or about January 3, 2019, at a public road in the County of Los Angeles, the defendants negligently entrusted, managed, maintained, drove, and operated their vehicle so as to cause it to collide with Plaintiffs' vehicle and injure them. (Compl., ¶¶ 8, 9.) On December 12, 2022, spec...
2023.01.31 Motion to Compel Responses, for Monetary Sanctions 149
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.31
Excerpt: ...jo and Asmik “Jasmine” Trejo filed a Complaint for injuries arising from being removed at a comedy show at Defendant The Comedy Store's (“Defendant”) premises. On June 10, 2022, Plaintiff Devin Trejo (hereinafter referred to as “Plaintiff”) served Special Interrogatories (Set Two) and Request for Production of Documents (Set Two) (collectively referred to as the “Discovery”) on Plaintiff. On July 8, 2022 Defendant served responses...
2023.01.31 Motion for Relief from Waiver of Objections 459
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.31
Excerpt: ...nst Defendant Valerie Chow (“Defendant”). Plaintiff alleges Defendant's negligence caused on automobile accident at the intersection of Silver Lake Blvd. and Bellevue Ave. on March 18, 2019. On July 1, 2022, Plaintiff propounded Form Interrogatories, Set Two, Supplemental Interrogatories and Supplemental Request for Production of Documents on Defendant. On January 13, 2023, Defendant filed this motion seeking relief from waiver of objections....
2023.01.31 Demurrer, Motion to Strike 760
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.31
Excerpt: ...“Defendant”) arising from a collision between a car and a motorized scooter that occurred on June 7, 2021. Plaintiff alleges that Defendant turned her motor vehicle into Plaintiff's lane of travel and collided into her. (SAC, ¶ 11.) Plaintiff swerved and was ejected from the scooter, causing her to strike her head and face into the rear of another vehicle on the street. (Ibid.) On November 23, 2022, following the Court sustaining a demurrer ...
2023.01.27 Motion to Set Aside Notice of Settlement 779
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.27
Excerpt: ...fendant”) and DOES 1 to 100 for damages arising from a motor vehicle accident that occurred on April 10, 2019. On or about May 6, 2022, prior counsel for Plaintiff, John A. Sheehan, filed a Notice of Settlement. (See, Exh. “A” to Declaration of Brigitte M. Mayo (“Mayo Decl.”)) This Notice of Settlement stated that the settlement was conditional and that a request for dismissal would be filed no later than August 5, 2022. On August 2, 20...
2023.01.27 Motion to Quash Subpoena 692
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.27
Excerpt: ...TION On October 23, 2020, Plaintiff Robert Zieg filed this action against Defendant Edwin Kitagawa for motor vehicle and general negligence relating to a December 6, 2018, automobile collision. On November 8, 2022, Defendant served subpoenas on Dr. Alexandra Rudd Barnard, Psy.D for medical records, radiology, and billing records. Plaintiff moves to quash the subpoena for records on grounds that they are protected from disclosure under the attorne...
2023.01.27 Motion for Monetary and Issue Sanctions 439
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.27
Excerpt: ...Defendant”) for injuries sustained during a motor vehicle collision. The parties stipulated to continue trial on December 2, 2022, and on January 5, 2023, the Court granted Defendant's notice motion to continue trial. Trial is presently set for September 21, 2023. On December 30, 2022, Defendant filed the instant motion for monetary and issue sanctions due to Plaintiff's repeated failure to appear for his stipulated independent medical examinat...
2023.01.27 Motion for Leave to File Cross Complaint 666
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.27
Excerpt: ...y, “Plaintiffs”) filed this action against defendant GNS Development dba Golf N' Stuff (“Defendant”), asserting two causes of action for (1) premises liability and (2) general negligence. The Complaint alleges the following. On July 14, 2019, plaintiff Kerrigan Schipske was driving a Go-Kart (owned and maintained by the Defendant), when the Go-Kart stalled, failed to restart, and caused Plaintiff to be struck by an oncoming Go-Kart driver...
2023.01.26 Motion for Issue and Evidentiary Sanctions, Monetary Sanctions 452
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.26
Excerpt: ...023 I. INTRODUCTION The present action arises from property damage suffered by Esmaralda Y. Fuentes-Perez (“Plaintiff”) following a fire within Plaintiff's apartment unit. Plaintiff is a resident of 1073 Aileron Avenue, Apartment F, in La Puente, California (“Subject Premises”). In November of 2020, the apartment unit neighboring Plaintiff's unit, identified as Apartment E, caught fire. The fire ultimately travelled to Plaintiff's apartme...
2023.01.26 Motion for Summary Judgment 550
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.26
Excerpt: ...tiff Raziel Greenberg, by and through his Guardian Ad Litem, Shirley Greenberg, filed this action against Defendant American Multi-Cinema, Inc., erroneously sued as AMC Network Entertainment, LLC (“Defendant”). The Complaint alleges that Defendant failed to warn or make safe a dangerous condition on a reclining chair in a theater owned by Defendant, causing Plaintiff to injure the heel of his foot on an exposed metal rod. The Complaint assert...
2023.01.26 Motion for Leave to File FAC 673
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.26
Excerpt: ...get Group, Inc. (“Defendant”). Trial is currently scheduled for February 16, 2023. On September 22, 2022, Plaintiff filed a motion for leave to file her first amended complaint (“FAC”). On January 12, 2023, Defendant filed an opposition. On January 17, 2023, Plaintiff replied. II. LEGAL STANDARD CCP §473(a)(1) states: “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or pr...
2023.01.26 Motion to Continue Trial 888
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.26
Excerpt: ...EARD PRIOR TO THE CURRENT TRIAL DATE Dept. 27 1:30 p.m. January 26, 2023 I. INTRODUCTION On October 19, 2021, Darryl Lee Morris (“Plaintiff”) commenced the instant action by filing a Complaint against Jun Hyo Lee, Sook Jun Hwang, Ki Jeong Seong, Uni Trans, LLC, and Does 1 through 100 (collectively, “Defendants”). Plaintiff's Complaint arises from an automobile collision, and alleges the following causes of action: (1) Motor Vehicle; (2) G...
2023.01.25 Motions to Compel Non-Party Deposition 361
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.25
Excerpt: ...efendant In-N-Out Burgers (“Defendant”). Trial is currently scheduled for March 20, 2023. On September 15, 2022, Defendant filed the instant motions to compel the depositions of non-parties Jose Alejandro Heredia Lopez, Rosa Corona, and Irma Magallon Cardenas. The motions are unopposed. II. LEGAL STANDARD A party seeking discovery from a person who is not a party to the action may obtain discovery by oral deposition, written deposition, or de...
2023.01.25 Motion to Compel Deposition 495
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.25
Excerpt: ...st defendants Erika Jannett Salazar, Maria C. Salazar, and Pedro E. Salazar (collectively, “Defendants”). Trial is currently scheduled for May 17, 2023. On December 21, 2022, Defendants filed the instant motion to compel the depositions of Plaintiff. The motion is unopposed. II. LEGAL STANDARD Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Pro...
2023.01.24 Motion to Compel Deposition 632
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.24
Excerpt: ...eging a cause of action for negligence, which arises from a motor vehicle accident, against Defendants David Lomeli (“Lomeli”), Asphalt Professionals, Inc. (“AP”), and Jeffrey C. Ludlow (“Ludlow”). On July 10, 2020, Ludlow was dismissed by Plaintiff. On December 23, 2022, Plaintiff filed the instant Motion to Compel the Deposition of Lomeli (hereinafter referred to as “Defendant”). Defendant filed his opposition on January 11, 202...
2023.01.24 Motion to Compel Deposition 261
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.24
Excerpt: ...Corporation for damages arising from a slip-and-fall accident on Defendant's premises. The Complaint asserts causes of action for negligence and premises liability. On December 8, 2022, Plaintiffs filed a motion compelling Defendant Costco Wholesale Corporation to produce its Person Most Qualified to appear for deposition and produce responsive documents. No opposition has been filed to date. Any party may obtain discovery, subject to restriction...
2023.01.24 Motion for Leave to Intervene 674
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.24
Excerpt: ...ewery & Freehouse (“Stalking Horse”) and Artisanal Brewers Collective, LLC (“Artisanal”). Plaintiff alleges that while on the premises of 10543 W. Pico Blvd., Los Angeles, CA 90064, which is owned, maintained, operated, and/or controlled by Defendants, a heavy black object fell from the ceiling onto her, causing injuries. The complaint states causes of action for premises liability, negligence, and products liability. Plaintiff amended th...
2023.01.24 Motion to Compel Further Responses, for Monetary Sanctions 635
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.24
Excerpt: ...tiff Joni Mariah Silva (“Plaintiff”) filed this action against Defendants Lyft, Inc. (“Lyft”) and Movsisyan Andranik (“Andranik”) (collectively, “Defendants”) for injuries arising from a motor vehicle accident occurring on September 11, 2018. Defendant Lyft. filed motions to compel further responses to form interrogatories and special interrogatories on November 22, 2022. Plaintiff opposes. This ruling addresses both motions. Lega...
2023.01.24 Motion to Compel Further Responses, for Monetary Sanctions 695
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.24
Excerpt: ...AND REQUEST FOR MONETARY SANCTIONS Dept. 27 1:30 p.m. Friday, July 22, 2022 On October 7, 2019, Plaintiff Marthe De La Torre (“Plaintiff”) filed this action against Defendants Erjaei Seyed Hosein and Lyft, Inc. (“Lyft”) (collectively, “Defendants”) for injuries arising from a collision between Plaintiff, who was walking on a sidewalk, and Defendant Hosein, who was riding a Lyft motorized scooter. On September 10, 2020, Lyft served an ...
2023.01.24 Motion to Continue Trial 667
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.24
Excerpt: ...August 18, 2021, Alexander Joseph Guerrero (“Plaintiff”) filed a complaint against Caroline Ngo (“Ngo”), Craig Finley (“Finley”), Richard Pranada (R. Pranada), Denise Pranada (D. Pranada), and DOES 1-20 (collectively “Defendants”). The operative complaint is the First Amended Complaint (FAC), filed February 16, 2022. The FAC lists causes of action for 1) negligence (as to all Defendants), 2) premises liability (as to all Defendant...
2023.01.23 Motions to Compel Responses, for Monetary Sanctions 989
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.23
Excerpt: ... SANCTIONS Dept. 27 1:30 p.m. January 23, 2022 On December 2, 2021, Plaintiffs Sanjuana Elizabeth Zermeno Valdivia (“Valdivia”) and Javier Antonio Alas Chavez (“Chavez”) (collectively, “Plaintiffs”) filed this action against Defendants Mediterranean Heating & Air Conditioning, Inc. (“Mediterranean”) and Jeff Douglas Nelson (“Nelson”) (collectively, “Defendants”) for injuries arising from a motor vehicle accident. On June 3...
2023.01.20 Motion to Compel Deposition 365
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.20
Excerpt: ...ants Ann Chan (“Chan”) and Hung Vi Truong (“Truong”) (collectively “Defendants”), for damages arising from a motor vehicle accident. The Complaint asserts causes of action for motor vehicle and general negligence. On December 8, 2022, Plaintiffs filed a motion compelling Defendant Chan to appear for deposition. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to ...
2023.01.20 Motion for Terminating Sanctions 253
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.20
Excerpt: ...inst defendant Maajida Muhammad (“Defendant”) arising from a motor vehicle accident that occurred on November 17, 2019. On December 19, 2022, Defendant filed the instant motion for terminating sanctions due to Plaintiff's failure to obey the Court's August 11, 2022 order. As of January 13, 2023, no opposition has been filed. II. LEGAL STANDARD The imposition of specific sanctions typically depends on the severity of the party's transgression....
2023.01.19 Motions for Summary Judgment or Continue Trial 596
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.19
Excerpt: ...ffs filed this wrongful death action against Defendants. Trial is currently scheduled for April 26, 2023. Defendants seeks an order advancing the hearing dates for motions for summary judgment or, alternatively, continuing the trial date. The motion is unopposed. II. LEGAL STANDARD MSJ A party may move for summary judgment by serving the motion "at least 75 days before the time appointed for hearing," and the "motion shall be heard no later than ...
2023.01.19 Motion to Strike FAC 237
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.19
Excerpt: ...5, 2022, Plaintiff filed her First Amended Complaint (“FAC”) against defendants Keagan Serdar (“Keagan”) and Laura Serdar (“Laura”) (collectively, “Defendants”), asserting causes of action for (1) motor vehicle, (2) general negligence, and (3) negligent entrustment (which is mentioned in Paragraph 10 of the third page of the Complaint). The FAC alleges the following. This action arises from an automobile collision that occurred on...
2023.01.19 Motion to Continue Trial 665
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.19
Excerpt: ...ainst Defendants. Trial is currently scheduled for January 30, 2023. Plaintiff seeks an order continuing the trial date. Defendants do not oppose the continuance. II. LEGAL STANDARD Trial dates are firm to ensure prompt disposition of civil cases. (Cal. Rules of Court, rule 3.1332(a).) Continuances are thus generally disfavored. (See id. rule 3.1332(b).) Nevertheless, the trial court has discretion to continue trial dates. (Hernandez v. Superior ...
2023.01.18 Motion to Compel Compliance with Deposition Subponea, for Monetary Sanctions 701
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.18
Excerpt: ...ON This action arises from a three-vehicle accident that occurred on October 30, 2019. Respondent Ashley Fisher (“Respondent”) made a claim against her UM/UIM policy with Petitioner Geico General Insurance Company (“Petitioner”) for excess damages related to personal injuries including to the right shoulder. Petitioner moves for an order compelling Prohealth Advanced Imaging's (“Prohealth”) compliance with deposition subpoenas for the...
2023.01.18 Motion to Appoint Decedent's Successor in Interest to Continue Action 960
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.18
Excerpt: ...edent”) filed this action against defendants Focus Properties Services Inc., Nelson Lee, Armen Ohanian, and Does 1 through 100, inclusive, asserting causes of action for (1) negligence, (2) premises liability, (3) violation of Title III of the ADA, (4) violation of California Unruh Civil Rights Act, (5) violation of California Public Accommodations Law, (6) unfair business practices, and (7) negligent infliction of emotional distress. On or aro...
2023.01.18 Motion for Leave to Compel Physical Exam 815
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.01.18
Excerpt: ...action against defendant Valeria Nwaka Orewa (“Defendant”) and Does 1 through 10, inclusive, asserting a cause of action for negligence arising from an automobile accident. On December 21, 2022, Defendant filed this instant motion for leave of Court to compel a second physical examination of Plaintiff. On January 3, 2023, Plaintiff filed an opposition. As of January 13, 2023, no reply has been filed. II. LEGAL STANDARD In any case in which a ...

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