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2023.10.11 Motion for Terminating Sanctions 463
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.11
Excerpt: ... Alex Omar Munguia Romero (“Romero”), and Defendants, Brian Boudreaux and Lois Sophia Rocha, arising from an automobile collision that occurred on October 1, 2019. Romero is currently self-represented. On May 4, 2023, the Court granted Defendants' motion to compel Romero's appearance at a physical examination. Pursuant to the Court's order, Plaintiff was ordered to appear at a physical examination with Dr. Ronald Kvitne on May 15, 2023. On Ma...
2023.10.10 Motion to Continue Trial 485
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.10
Excerpt: ...y (erroneously served as “Long Beach Transit”) and Rodney Jones, filed this motion to continue the trial date and all trial-related dates so that Defendants' motion for summary judgment may be heard before trial. Defendants' summary judgment motion is scheduled for July 17, 2024. Plaintiff filed an opposition. Defendants have not filed a reply. II. LEGAL STANDARD TO CONTINUE TRIAL California Rules of Court, rule 3.1332, subdivision (b) outlin...
2023.10.10 Motion to Compel Physical Exam 587
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.10
Excerpt: ...ndant, City of Culver City (erroneously sued as “Culver City”), for injuries and damages arising from a bus versus pedestrian accident on March 12, 2020. The bus was owned by Defendant and operated by Juan Fernando Chen Campos in the course and scope of his employment with Defendant. Plaintiff alleges he suffered mild traumatic brain injury, cervical spine damage, and left elbow fracture. Plaintiff also claims he experiences ongoing symptoms ...
2023.10.10 Motion for Leave to File Complaint 577
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.10
Excerpt: ...ouse, LLC, arising from an incident involving moving dock plates, loading raps, and a forklift. On April 28, 2020, Plaintiff named Imperial CFS, Inc. as Doe 1. On May 16, 2022, Imperial CFS, Inc. filed a cross-complaint against Quality Personnel Services dba Power Staff (“Power Staff”). On August 21, 2023, Power Staff filed this motion seeking leave to file a cross-complaint against Imperial CFS, Inc. for equitable indemnity, contribution, ap...
2023.10.10 Motion to Quash Deposition Subpoena for Production of Business Records 034
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.10
Excerpt: ...on against Defendants, County of Los Angeles and Does 1 through 20, for injuries arising from a trip and fall due to a tree stump near the entrance of the Los Angeles County Department of Social Services in El Monte, California. Plaintiff alleges she sustained mental, emotional, and physical pain and suffering, including fractures to her left shoulder and right foot. On November 30, 2022, Plaintiff amended the Complaint to name CBRE Group, Inc. (...
2023.10.09 Motion to Set Aside Dismissal 720
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.09
Excerpt: ... complaint against Defendant, Jeffery Allan Klein, for injuries arising from a motor vehicle accident involving Defendant and Plaintiff's insured. On June 6, 2023, after Plaintiff failed to appear at the Final Status Conference and at trial, the Court dismissed the Complaint pursuant to CCP 581(b)(3). The Clerk of the Court mailed notice of the Court's order on the same day. On July 17, 2023, Plaintiff filed this motion to set aside the dismissal...
2023.10.09 Motion to Set Aside Default 504
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.09
Excerpt: ... accident. Defendant was served with the summons and complaint on March 5, 2023. At Plaintiff's request, default was entered against Defendant on April 12, 2023. Defendant filed an Answer to the complaint on April 14, 2023.[1] On August 3, 2023, Defendant filed this motion to set aside the default under Code of Civil Procedure section 473, subdivision (b). Plaintiff filed an opposition and supplemental brief regarding penalties under Code of Civi...
2023.10.09 Motion to Continue Trial 928
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.09
Excerpt: ...ants, PV Holdings Corp., Inc. and Avis Budget Group, Inc., filed this motion to continue the trial date and all trial-related dates so that Defendants' motion for summary judgment may be heard before trial. Defendants' summary judgment motion is scheduled for February 1, 2024. Plaintiffs oppose and Defendants reply. II. LEGAL STANDARD TO CONTINUE TRIAL California Rules of Court, rule 3.1332, subdivision (b) outlines that “a party seeking a cont...
2023.10.09 Motion to Compel Further Responses 291
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.09
Excerpt: ...ly and as successors in interest to Jose Fernando Jimenez (“Jose”), initiated this survival action against Defendants, Steven Kazuo Kurashima (“Steven”) and Diana Kurashima (“Diana”). Plaintiffs filed the operative First Amended Complaint (“FAC”) on July 5, 2022. In the FAC, Plaintiffs allege Steven was operating a vehicle owned by Diana at an unsafe speed when he collided with Jose as he was crossing the street. On July 12, 2023,...
2023.10.09 Motion for Summary Adjudication 598
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.09
Excerpt: ...against Defendants, Holst Brothers, Inc. (“Holst”) and Morteza Ejabat (“Eja”) as trustee for the Morteza Ezjabat Trust, for Negligence, Negligence per se, and Premises Liability. Plaintiff alleges he sustained injuries while performing electrical work at 32853 Pacific Coast Highway, Malibu CA 90265 (the “Property”). Plaintiff was employed by Bob Hart's Electric, Inc. (“Hart”) at the time of incident. Holst, the general contractor,...
2023.10.09 Motion for Leave to File Complaint 222
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.09
Excerpt: ...injuries Plaintiff sustained when she fell into a hole next to an electrical vault on Defendant's premises at 125 N. Ash Ave., Inglewood, CA, 90301. On August 22, 2023, Defendant filed this motion seeking leave to file a cross-complaint against proposed cross-defendants Southern California Edison and Alicia M. Garcia for indemnity, contribution, and declaratory relief. The motion is unopposed. II. LEGAL STANDARD A party against whom a cause of ac...
2023.10.06 Motion for Summary Judgment 995
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.06
Excerpt: ...ence and premises liability. Plaintiff alleges that, on May 1, 2018, a piece of concrete fell from the roof/ceiling in the basement of Defendants' property at 4317 Beverly Boulevard, struck him on his head and shoulder, and knocked him unconscious. Breaux was working in the scope of his employment with Astromic, LLC (“Astromic”) at the time of the incident. On April 23, 2020, Technology Insurance Company (“Technology Insurance”), filed a ...
2023.10.06 Demurrer, Motion to Strike 316
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.06
Excerpt: ...ity of Los Angeles (“City”), and Mexican American Opportunity Foundation, for (1) Negligence, (2) Premises Liability, and (3) Respondeat Superior. Plaintiff alleges she was working as a substitute teacher at Preschool & Day Care Staffing Firm at 3440 Wilshire Blvd Suite 1111, Los Angeles, California (the “Premises”) when a student assaulted Plaintiff. Plaintiff further alleges the Defendants owned, maintained, controlled, managed, and ope...
2023.10.06 Motion to Compel Compliance with Deposition Subpoena 752
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.06
Excerpt: ...OCKPOINT FUNDING LLC Defendants Soto Provision and Salvador Gabriel Plaintiff Monica Ruiz Herrera This action[l] for personal injury damages and workers compensation subrogation arises from a July 21, 2017 multiple vehicle rear-end collision. Monica Ruiz Herrera ("Herrera") was driving on the freeway in the course and scope of her employment with California Joint Powers Insurance Authority ("CJPIA"), when Salvador Gabriel ("Gabriel") collided his...
2023.10.06 Motion for Terminating Sanctions 053
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.06
Excerpt: ...ht Transportation Inc. ("Knight Transportation"), and Martn Ferlito for injuries arising from a motor vehicle collision. Plaintiff is self-represented. On July 5, 2023, the Court granted Defendant's Motions to Compel Plaintiff's Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents. Plaintiff did not oppose the motion or appear at the hearing. Pursuant to the Court's order, Plaintiff was ordered to pr...
2023.10.06 Motion to Compel Answers to Deposition, Second IME 938
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.06
Excerpt: ...ds I. INTRODUCTION On October 29, 2021, Plaintiff, Stacy Fields, filed a form complaint against defendant Los Angeles County Metropolitan Transportation Authority (“LACMTA”) for injuries Plaintiff sustained on an LACMTA bus. Plaintiff alleges that, on December 25, 2020, as he boarded the bus, the bus operator closed the bus doors on him. Plaintiff alleges he sustained injuries to his back and suffers headaches. Motion to Compel Plaintiff's An...
2023.10.06 Motions to Compel Further Responses 815
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.06
Excerpt: ...tion against Defendant, Los Angeles County Metropolitan Transportation Authority (“LACMTA”), for injuries arising from a motor vehicle collision between Plaintiff and an LACMTA bus operated by Jon Paul Jimenez. Plaintiff later amended the Complaint to name Mr. Jimenez as a defendant. On August 14, 2023, Plaintiff filed these motions to compel LACMTA's further responses to Plaintiff's Special Interrogatories, Set One, Request for Production of...
2023.10.05 Motion for New Trial 559
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.05
Excerpt: ...s and Mabry Management Co., Inc., for injuries arising from a slip and fall on the common area staircase of Defendants' premises. Plaintiff filed the First Amended Complaint (“FAC”) on April 17, 2018. The FAC asserted causes of action for (1) General Negligence and (2) Premises Liability. Deemed Admissions On August 24, 2022, Defendants filed a Motion to Have Requests for Admissions Deemed Admitted against Plaintiff. Plaintiff failed to file ...
2023.10.05 Motion for Leave to Amend Pleadings, for Judgment on the Pleadings 551
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.05
Excerpt: ...(erroneously sued as “Carparts.com, Inc.”), for injuries arising from a March 23, 2021, fall from an “order picker” at Defendant's warehouse in Grand Prairie, Texas. Plaintiff was in the course and scope of his employment for Defendant's subcontractor, labor management company nGroup Performance Partners (“nGroup”), and was working in Defendant's auto parts warehouse. On May 19, 2023, Plaintiff filed a First Amended Complaint (“FAC�...
2023.10.05 Demurrer, Motion to Strike 285
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.05
Excerpt: ...ndant, Alberto Reyes Cruz, for injuries arising from a motor vehicle accident. The Complaint asserts cause of action for (1) Motor Vehicle and (2) General Negligence. Gross negligence is alleged as part of the general negligence claim. Plaintiffs seek punitive damages. According to the Complaint, Defendant was operating a vehicle while legally intoxicated when he failed to stop at a red light and collided with Plaintiffs' police vehicle. Plaintif...
2023.10.04 Motion to Compel Responses, to Deem RFAs Admitted 031
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.04
Excerpt: ...SPONDING PARTY: No opposition I. BACKGROUND On February 27, 2023, Defendant, Joseph Ward, filed these motions to compel Plaintiff, Deborah D. Jackson, to provide responses to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, and to deem the Request for Admissions, Set One, admitted against Plaintiff. Defendant seeks sanctions against Plaintiff and her counsel. The motions are unoppo...
2023.10.04 Motion to Compel Responses, for Establishing Admissions 494
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.04
Excerpt: ..., Defendant, Brodie Dawson Galland, filed this motion to compel Plaintiff, Marie Vega, to provide responses to Demand for Supplemental Inspection and Production of Documents , Set One, and a motion for an order establishing the truth of each matter specified in Requests for Admission, Set One, against Defendant. Plaintiff seeks sanctions against Defendant and his counsel. The motions are unopposed. II. LEGAL STANDARDS TO COMPEL RESPONSES TO DISCO...
2023.10.04 Motion to Compel Deposition of PMK, Further Responses 190
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.04
Excerpt: ...fendant Caramedix, Inc. I. BACKGROUND On August 24, 2020, Plaintiffs, Adrian Hernandez, Raoul Guzman, and Araseli Zuniga, initiated this wrongful death action against Defendant, Caramedix, Inc. (“Caramedix”), arising from a motor vehicle incident. Defendant is a health care rideshare service. Plaintiffs, the children of Decedent, Christina Garcia, allege Caramedix's driver, Robert Villa, failed to properly restrain Decedent's wheelchair in th...
2023.10.04 Motion to Compel Deposition 531
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.04
Excerpt: ...s, Evans Community Adult School and Los Angeles Unified School District (“LAUSD”), for injuries arising from a slip and fall in the restroom of the Evans Community Adult School.¿ On September 7, 2023, LAUSD filed this motion to compel Plaintiff to appear at deposition. LAUSD requests sanctions. The motion is unopposed. II. LEGAL STANDARD TO COMPEL DEPOSITION Any party may obtain discovery by taking in California the oral deposition of any pe...
2023.10.04 Motion for Leave to Amend Complaint 959
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.04
Excerpt: ...his Guardian Ad Litem, Marta Elizabeth Gutierrez Aparacio, initiated this action against Defendant, Jose Mendoza, for injuries arising from a motor vehicle accident. Defendant filed an Answer to the Complaint on November 28, 2022. On December 14, 2022, Defendant filed a cross-complaint against Wilson Villalta Gutierrez for apportionment and partial indemnity. On August 30, 2023, Defendant filed this motion for leave to amend his cross-complaint t...

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