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2023.10.16 Motion for Summary Judgment, Adjudication 070
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.16
Excerpt: ..., initiated this action[l] against Defendant, Los Angeles Unified School District ("LAUSD") for injuries arising from a slip and fall while walking through the main hallway on Defendants premises. Plaintiff alleges the floor of the hallway was in a dangerous condition, and Defendant had actual or constructive notice of the dangerous condition. On August 30, 2022, LAUSD filed this motion for summary judgment, or in the alternative, summary adjudic...
2023.10.16 Motion for Leave to Intervene, to Compel Arbitration 396
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.16
Excerpt: ...deh Yaghoubian (“Yaghoubian”), Nancy Gaignard (“Gaignard”), and Lyft, Inc. (“Lyft”), for injuries Plaintiff sustained in an August 8, 2019 motor vehicle accident. Plaintiff alleges she was a passenger in a Lyft vehicle driven by Gaignard when Yaghoubian weaved through traffic in his vehicle and side swiped Gaignard's vehicle. Plaintiff asserts causes of action for General Negligence and Motor Vehicle against all defendants. At the tim...
2023.10.15 Motions to Compel Responses, to Deem RFAs Admitted 888
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.15
Excerpt: ...: Plaintiffs Roberto Miranda, et al. RESPONDING PARTY: Defendants Marilin Ruiz, et al. I. INTRODUCTION On August 14, 2023, Plaintiffs, Roberto Miranda and Anabel Bautista, filed these motions[1] to compel Defendants, Marilin Ruiz and Mancia Hipolito, to provide responses to Plaintiff's First Set of Form Interrogatories, Special Interrogatories, and Request for Production of Documents, and to deem Requests for Admission, Set One, admitted against ...
2023.10.13 Petition for Relief from Late Government Claim 989
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.13
Excerpt: ...anco, filed this action against Defendant, City of Los Angeles (“City”), for injuries and damages arising from a trip and fall on an uneven portion of a sidewalk. The subject sidewalk was controlled by Los Angeles Unified School District (“LAUSD”). Relevant Procedural Background The alleged accident took place on December 19, 2021. Plaintiff presented the City, a governmental entity, with a claim for the incident on May 19, 2022. The clai...
2023.10.13 Motion to Strike 278
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.13
Excerpt: ...d fall on Defendant's premises. Plaintiff filed the operative First Amended Complaint (“FAC”) on July 5, 2023. Plaintiff seeks punitive damages and attorney's fees. On August 25, 2023, Defendant filed this motion to strike punitive damages and attorney's fees from the FAC. The motion is unopposed. II. LEGAL STANDARD FOR MOTION TO STRIKE Any party, within the time allowed to respond to a pleading, may serve and file a motion to strike the whol...
2023.10.13 Application for Determination of Good Faith Settlement 524
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.13
Excerpt: ...d Litem for minor, Darlene Ramirez, and Cesar Ramirez, initiated this medical malpractice action against Defendants, Margaret Juarez, M.D., San Gabriel Women's Health, Inc., and AHMC San Gabriel Valley Medical Center LP (“Settling Defendant”). Plaintiffs allege negligence for a failure to timely deliver Ms. Torres' twins, Darlene and Jayleen, resulting in significant injuries to Darlene and ultimately the death of Jayleen. On July 18, 2023, S...
2023.10.12 Motion to Compel Responses 648
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.12
Excerpt: ...G PARTY: Defendant Los Angeles Metropolitan Transportation Authority RESPONDING PARTY: Plaintiff Donyea Richardson I. BACKGROUND On March 13, 2023, Defendant, Los Angeles Metropolitan Transportation Authority, filed these motions to compel Plaintiff, Donyea Richardson, to provide responses to Defendant's first set of Form Interrogatories, Special Interrogatories, and Demand for Identification and Production and Inspection of Documents. Defendant ...
2023.10.12 Motion for Terminating Sanctions 452
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.12
Excerpt: ...Dan Yuedong Wu, arising from an apartment fire that occurred around November 2020. Plaintiff is presently self-represented. Run D. Wu's Discovery Requests Run D. Wu served Plaintiff with written discovery requests on December 27, 2021, including Form Interrogatories, Special Interrogatories, and Production of Documents. Plaintiff served responses on October 24, 2022. Run D. Wu found Plaintiff's responses to be deficient and thereafter filed a mot...
2023.10.12 Motion for Summary Judgment, Adjudication 666
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.12
Excerpt: ...recreational go-kart track. On July 14, 2019, Kerrigan Schipske, her spouse Dagoberto Bribiesca, and Schipske's daughter went to the Golf n' Stuff Park. While there, Schipske was driving a go-kart at the Golf n' Stuff Park when the go-kart stalled. Plaintiff was hit by an oncoming go-kart driven by her daughter. Plaintiff sustained injuries. On June 25, 2021, Plaintiffs, Kerrigan Schipske and Dagoberto Bribiesca, filed a form complaint against De...
2023.10.12 Demurrer, Motion to Strike 773
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.12
Excerpt: ...ts, County of Los Angeles, City of Los Angeles, and Los Angeles County Metropolitan Transportation Authority (“LACMTA”), for injuries Plaintiff sustained when he fell while exiting LACMTA's bus. Plaintiff alleges LACMTA's bus driver negligently stopped the bus approximately 36-40 inches away from the curb, causing Plaintiff to misstep and fall. Plaintiff asserts causes of action for (1) Negligence, (2) Negligence Per Se, (3) Dangerous Conditi...
2023.10.12 Demurrer 960
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.12
Excerpt: ...Moller—Maersk (“Maersk”), Damco Distribution Services, Inc., Damco USA Inc., 52 Degree Lane, Inc., San Judas Tadeo Trucking, LLC, San Judas Tade Trucking, Inc., and Gabriel Mendez, arising out of the death of Plaintiff's fiancé, Jose Antonio Arciniega (“Decedent”), on Defendants' premises on August 31, 2022. Plaintiff asserts causes of action for Negligence and Premises Liability. On July 18, 2023, the Court deemed this case and Isabel...
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...
2023.10.11 Motion to be Relieved of Deemed Admissions 559
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.11
Excerpt: ... 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 a...
2023.10.11 Motion to Compel Deposition of PMQ 970
Location: Los Angeles
Judge: Bensinger, Kerry
Hearing Date: 2023.10.11
Excerpt: ...e 10, 2021, Plaintiff, Zachary Birns, initiated this action against Defendant, Arakelian Enterprises Inc. dba Athens Services, for injuries arising from a bicyclist versus motor vehicle accident. Plaintiff alleges Jorge Martin Hernandez (“Hernandez”) was driving a vehicle when he attempted a U-turn just as Plaintiff passed on his bicycle. Hernandez was driving in the course and scope of his employment with Defendant. On March 6, 2023, Plainti...
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. (...
2023.10.10 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...
2023.10.09 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 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...

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