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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...
2023.12.12 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...
2023.12.06 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...
2023.11.28 Motion for Leave to File FAC 823
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.28
Excerpt: ...F. Delpit, and Charles S. Clark, for wrongful eviction. The Complaint was partially handwritten and included exhibits that were not clearly referenced in the allegations. Plaintiff was self-represented at the time of the filing of the Complaint. On September 6, 2023, Plaintiff filed a Substitution of Attorney, indicating that Plaintiff is represented by counsel. Plaintiff now moves for an order granting leave to file the proposed First Amended Co...
2023.11.14 Motion to Strike 615
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ... Complaint was filed on December 29, 2022. Plaintiff alleges the following facts. Plaintiff alleges that he was sexually assaulted when he was a minor at Saint Bernard High School. Meet and Confer Defendant filed a meet and confer declaration in sufficient compliance with CCP S 435.5. Lee W. Potts.) Motion to Strike The court may, upon a motion, or at any time in its discretion, and upon terms it deems proper, strike any irrelevant, false, or imp...
2023.11.14 Motion to Reopen Discovery 919
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...) for damages arising from a trip and fall over a hole on the sidewalk. On September 9, 2022, the City filed a cross-complaint against Compton Commercial Redevelopment Company (“CCRC”). On November 8, 2022, CCRC filed its Answer to the City's cross- complaint. On November 10, 2022, CCRC filed its cross-complaint against Roes 1 to 20, and later filed an amendment to cross-complaint naming the City as Roe 1 on January 17, 2023. The City filed i...
2023.11.14 Motion to Compel Responses, for Sanctions 559
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...of over $400,000 in attorneys' fees, costs and interest owed by ELIOT CARMI (“Defendant”) for legal services undertaken on his behalf. Plaintiffs filed two motions to compel further discovery responses, both with monetary sanctions requests. The first motion is to compel further responses to form interrogatory number 15.1 regarding support for certain affirmative defenses. The second motion is to compel production of documents as agreed. Defe...
2023.11.14 Motion to Compel Responses 835
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...uction (Set One) is DENIED. The request for sanctions is denied. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the Song Beverly Consumer Warranty Act. Plaintiff alleges that she purchased a certified pre-owned 2016 Land Rover Discovery from Hornburg Jaguar Land Rover in Santa Monica, California. The purchase came with the remaining time/mileage balances of Jaguar Land Rover's warranties along with addition...
2023.11.14 Motion to Compel Responses 835
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...uction (Set One) is DENIED. The request for sanctions is denied. Moving party to provide notice. FACTUAL BACKGROUND This is an action for violations of the Song Beverly Consumer Warranty Act. Plaintiff alleges that she purchased a certified pre-owned 2016 Land Rover Discovery from Hornburg Jaguar Land Rover in Santa Monica, California. The purchase came with the remaining time/mileage balances of Jaguar Land Rover's warranties along with addition...
2023.11.14 Motion for Summary Judgment, Adjudication 324
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...note secured by a deed of trust on his real property located in Redlands, California. The promissory note provided Shetty would receive a principal sum of $125,000, on which he would pay interest at 12 percent per annum. However, Defendants allegedly only lent him the principal sum of $108,000, rather than the $125,000 indicated on the note itself. When a notice of default was recorded against the property, Shetty tendered the full and correct am...
2023.11.14 Motion for Reconsideration 687
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...) and Saeed Bholat (“Bholat”) (jointly, “Defendants”). The Complaint asserts causes of action for (1) FEHA retaliation, (2) FEHA retaliation, (3) failure to prevent discrimination, (4) “prevention of employee's Weingarten rights – FEHA discrimination,” (5) “civil rights violation – use of video camera – FEHA discrimination,” (6) “failure to provide progressive discipline – FEHA discrimination,” (7) “failure to provid...
2023.11.14 Motion for Determination of Good Faith Settlement 121
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...ent was entered against J-M. Walsworth filed a Cross-Complaint against J-M, Outside GC, LLC (“Outside”), counsel Frank Fletcher (“Fletcher”) and others, alleging they are responsible for the unfavorable judgment in the underlying asbestos case. Outside has now filed a motion seeking an order from the Court for a determination that the settlement between Outside, Fletcher and J-M was entered into good faith pursuant to CCP § 877.6. (Fletc...
2023.11.14 Motion for Approval of PAGA Settlement 280
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...2023, Plaintiff filed her Judicial Council Form CM-200, Notice of Settlement of Entire Case. On October 20, 2023, Plaintiff filed her Unopposed Motion for Approval of PAGA Settlement. In support of her Motion, Plaintiff concurrently filed: (1) Declaration of Lisa Mullins; (2) Declaration of Harout Messrelian; and (3) Proposed Order. No opposition or other response has been filed to the Motion. ANALYSIS: I. Legal Standard “This part shall be kno...
2023.11.14 Demurrer to TAC, Motion to Strike 275
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...tom .... The page numbering must begin with the first page and use only Arabic numerals (e.g., 1, 2, 3)….” Plaintiff shall comply with the page numbering requirement or the pleading and briefs may be stricken by the Court on its own motion. A. Factual In her Third Amended Complaint (TAC), Plaintiff alleges seven causes of action involving her employment at and termination from Defendant's company. The causes of action are harassment, retaliat...
2023.11.14 Demurrer to SACC 127
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.11.14
Excerpt: ...ss transactions. On May 7, 2021, Jason Aryeh, 1568 Blue Jay Way LLC, 6097 West Winding Way LLC, and 5849 Murphy Way LLC (“the Aryeh Parties”) filed their Cross-Complaint (“the Aryeh Cross-Complaint”) against Oliver Damavandi, Bar Design and Construction, Inc., Asher Joseph Alfasi, Archive Design Group, LLC, and Zoran Pevec. On August 27, 2021, Oliver Damavandi amended his Complaint to substitute Doe 1 with Sarah Emmi Tibstra, Doe 4 with M...

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