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Judge: Bennett, Jeffrey 21 x
2025.02.05 Motion for Judgment on the Pleadings 824
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2025.02.05
Excerpt: ...ourts.ca.gov/ C21.html. Zoom Appearances. The Court allows Zoom appearances as a courtesy to parties and counsel. Parties and counsel choosing to appear via Zoom must provide notice of your intent to appear remotely via Zoom before each hearing by email at [email protected], with a subject line that includes “NOTICE TO APPEAR VIA ZOOM.” You are likely to be denied entrance to the hearing via Zoom if you fail to provide e -mail...
2025.02.05 Motion for Final Approval of Settlement 028
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2025.02.05
Excerpt: ...html. Zoom A ppearances. The Court allows Zoom appearances as a courtesy to parties and counsel. Parties and counsel choosing to appear via Zoom must provide notice of your intent to appear remotely via Zoom before each hearing by email at [email protected], with a subject line that includes “NOTICE TO APPEAR VIA ZOOM.” You are likely to be denied entrance to the hearing via Zoom if you fail to provide e -mail notice to the co...
2024.12.31 Motion to Tax Costs on Appeal 822
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.31
Excerpt: ...ules of Ct., rules 8.278(c)(2), 3.1700(b)(1).) Thus, the Intervenors' right to challenge the claimed costs has been waived. Defendant Aluminum Precision Productions, Inc.'s shall be entitled to recover the entirety of the $2,211.51 in costs claimed in its Memorandum of Costs on Appeal. Counsel for the opposing party to give notice of the Court's ruling. This PAGA action was brought by Plaintiff Maikel Gonzalez (the “Plaintiff”) against his fo...
2024.12.31 Motion to Set Aside Order 608
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.31
Excerpt: ...atements to gove rnment agency, civil rights violations, Sterling Davis Act violations, professional negligence, breach of confidentiality, civil harassment and breach of fiduciary duties against Defendants. Plaintiff sues Defendants Sam Shewa aka Sabawoon Shewa, California HOA Solutions, Inc., Steven Waisbren, Esq., and Mountain Valley Homeowner's Association (MVHOA). Plaintiff initially attempted serving all defendants at the courthouse (VCSC) ...
2024.12.31 Motion to Compel Further Responses 672
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.31
Excerpt: ...yment law (set no. 1) was served on Alliance. Unless Plaintiff submits proof of timely service of her moving papers on Alliance, then deny Plaintiff's motion based on lack of service and notice. Award no monetary sanctions. [if Plaintiff does submit, at or prior to the hearing on this motion, proof of timely service of her moving papers on Alliance, then the Court WILL consider ruling as follows: Deny Plaintiff Jane Doe's request for an order com...
2024.12.20 Motion for Summary Judgment 950
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.20
Excerpt: ...stablished. AMF 9, 13, 29 -32 are not established. Here, the essential facts are undispu ted. Aguayo and Romero leased a new vehicle (“Malibu”) in 2016. At the end of the lease term, Aguayo alone purchased the Malibu from Paradise Chevrolet in 2019 with a balance of the unexpired manufacturer's powertrain warranty issued as part of the original 2016 lease. With undisputed facts, the issue becomes a question of law as to whether the 2019 purch...
2024.12.20 Motion for Leave to File Cross-Complaint 471
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.20
Excerpt: ...ts' moving pape rs indicate that they were served electronically on Plaintiff's counsel on November 18, 2024. On August 12, 2024, Plaintiff Jeremiah Sobenes filed a Complaint against Defendants Lior Eden Abraviya, Yossi Abraviya, and Esther Ezra asserting a single cause of action for negligence. The gist of Plaintiff's allegations is that Defendants were the owners/operators of a BMV vehicle that, on July 6, 2024, on the SR -33 northbound near St...
2024.12.19 Motion to Compel Deposition, for Monetary Sanctions 891
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.19
Excerpt: ...quest for Monetary Sanctions in the Amount of $5,160.00 is CONTINUED. The pa rties are ordered to meet and confer regarding the scheduling of the deposition of Defendant Michael Weyrick and the objections made to the documents demanded from the notice of deposition. The court orders that 10 court days before the continued hearing, the parties are required to file a Joint Statement, discussing what issues remain between the parties following the m...
2024.12.19 Demurrer 411
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.19
Excerpt: ...uses of Acti on in the Complaint, SUSTAIN with leave to amend as to the 1st, 3rd, and 5th Causes of Action; SUSTAIN without leave to amend as to 2nd Cause of Action. On Defendant Los Robles Regional Medical Center dba Los Robles Hospital & Medical Center's Motion to Strike Portions of the Complaint, GRANT with leave to amend. A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain...
2024.12.18 Motion to Strike, Special Motion to Strike 283
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.18
Excerpt: ...ve requests for jud icial notice are GRANTED. (See Evid. Code, § 452, subd. (d).) 2) Cross -Defendants' respective anti -SLAPP motions are GRANTED. Cross -Defendant has shown that all the allegations in the complaint arise from protected activity. (See Code Civ. Pro., § 425.16, subds. (e)(1) & (2).) Since Plaintiff has not opposed the motion, he failed to show a probability of prevailing. In any event, the face of the complaint, exhibits attach...
2024.12.18 Motion for Judgment on the Pleadings 014
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.18
Excerpt: ... and violati ons of the RFDCPA) lacks merit because that defense is not addressed by the RFA. Since Plaintiff failed to show that one of the defenses lacks merit, Plaintiff's motion for judgment on the pleadings should be DENIED. This is an action for breach of contract and common counts to recover alleged credit card debt. Plaintiff seeks to recover $16,165.69, plus interest. Defendant filed an answer containing a general denial and affirmative ...
2024.12.17 Motion to Set Aside, Vacate Default 067
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.17
Excerpt: ...aintiff Wells Fargo Bank, N.A.'s Complaint IS GRANTED. On May 22, 2024, Plaintiff Wells Fargo Bank, N.A. filed a Judicial Council Form Complaint asserting causes of action against Defendant Reylene Sanchez for (1) breach of contract; (2) breach of contract; and (3) -(6) common counts (money lent, money paid/laid out/expended, open book account, and account stated. On June 20, 2024, Plaintiff filed proof of personal service of the Summons and Comp...
2024.12.13 Motion to Set Aside, Vacate Dismissal 785
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.13
Excerpt: ... Oil Co.) (“Chevr on”), Southern California Edison Co. (“SCE”), Oxnard Drainage District No. 2 (“ODD”), United Water Conservation District (“UWC”), City of Oxnard (“Oxnard”), AT&T Corp. (“AT&T”), AT&T Communications – East, Inc. (“AT&T East”), and Does 1 -20 (collectively, “Defendants”). This action is related to People v. UWC, 202300575593. In this case, the eminent domain is sought after the California Transpor...
2024.12.13 Motion for Summary Judgment 055
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.13
Excerpt: ...objections to th e evidence supporting Defendant's undisputed material facts (“UMF”) No. 4 are overruled and No. 8 are overruled. For the purposes of this motion only: UMF Nos. 1, 2, 5, and 7 are undisputed and established. UMF Nos. 4, 6, 8, and 13 are disputed but established. UMF Nos. 3, 9, 10, 11, and 12 are disputed and not established. AMF Nos. 1, 2, 6, and 7 are undisputed and established. AMF Nos. 9 and 11 are disputed but established....
2024.12.12 Special Motion to Strike 283
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.12
Excerpt: ...ve requests for jud icial notice are GRANTED. (See Evid. Code, § 452, subd. (d).) 2) Cross -Defendants' respective anti -SLAPP motions are GRANTED. Cross -Defendant has shown that all the allegations in the complaint arise from protected activity. (See Code Civ. Pro., § 425.16, subds. (e)(1) & (2).) Since Plaintiff has not opposed the motion, he failed to show a probability of prevailing. In any event, the face of the complaint, exhibits attach...
2024.12.12 Motion for Leave to File FAC 712
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.12
Excerpt: ...o amend as t o Defendant Freeman, Mathis & Gary LLP's Demurrer to the Complaint, and Defendant Philadelphia Indemnity Insurance Company's Motion for Judgment on the Pleadings as to the Complaint. Plaintiffs have also failed to file a proof of service showing that any of the defendants who have appeared in this action have been served with this motion, including the supplemental motion for leave to amend filed 11/26/24, which is itself untimely as...
2024.12.12 Motion for Entry of Judgment, Attorney Fees 911
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.12
Excerpt: ... Civil Proce dure section 664.6, Plaintiff is entitled to a judgment against Defendant in the total sum of $14,641.03, inclusive of costs and fees. The Motion is DENIED as to the request for an order of foreclosure sale. While this judgment debt shall constitute a lien against the subject property pursuant to Civil Code section 5675, certain statutory conditions must be met before Plaintiff may proceed with a foreclosure sale on the lien under Ci...
2024.12.11 Motion to Quash Service of Summons 608
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.11
Excerpt: ...to give noti ce. In the complaint filed on November 16, 2023, Plaintiff Sherri LaZelle (“Plaintiff”), appearing in pro per, asserts causes of action for injunctive relief, slander, defamation, unfair business practices, fraud, false statements to government agency, civil rights violations, Sterling Davis Act violations, professional negligence, breach of confidentiality, civil harassment and breach of fiduciary duties against Defendants. Plai...
2024.12.11 Motion to Quash Service of Summons 285
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.11
Excerpt: ...moves to qua sh service of Summons of Plaintiff's First Amended Complaint (“FAC”) (as to Philadelphia) pursuant to Code of Civil Procedure, sections 415.20, subdivision (a), and 418.10, on the grounds that Philadelphia was not properly served with the summons nor any other moving papers. Plaintiff Sherri LaZelle filed a proof of service stating that she served (by email to counsel for Philadelphia) the following: (1) 1st Amended Complaint; (2...
2024.12.11 Motion to Quash Service of Summons 257
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.11
Excerpt: ...ri LaZelle ( “Plaintiff”), pro per, asserts causes of action for injunctive relief, slander, defamation, unfair business practices, fraud, false statements to government agency, civil rights violations, professional negligence, breach of confidentiality, civil harassment and breach of fiduciary duties against Defendants Jeremy Yablan, Steven Waisbren, Esq., Mountain Valley Homeowners Association (“MVHOA”), California HOA Solutions, Inc. (...
2024.12.11 Motion to Compel Arbitration and to Stay Litigation 501
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.11
Excerpt: ...show by a prepon derance of the evidence that an enforceable agreement to arbitrate was found in the terms and conditions of Plaintiff's Rewards Membership Agreement entered in 2013; that those terms included that Best Buy could unilaterally amend the terms and conditions of that agreement, or that its terms (as updated in February 2023) existed on 11/1/22. Defendants arguments about the purported “browsewrap” provisions found as part of the ...
2024.12.11 Motion for Leave to File SAC 930
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.11
Excerpt: ...ldings, Inc. as an additional defendant, adding a negligence action against it, and including an exemplary damages attachment as to Garcia. Defendants have not answered. No trial date. The motion was timely served on the attorney for Farmers Insurance which is not a party to this action. However, defendants have not appeared, so plaintiff was not required to serve them. (Code Civ. Proc., § 1014). Code of Civil Procedure, § 473, subd. (a). The p...
2024.12.10 Motion to Compel Further Deposition 820
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.10
Excerpt: ...RED to re -pro duce all responsive documents in their native format with any metadata included. Counsel for the moving party to give notice of the Court's ruling. This single -plaintiff employment discrimination action arises from Brett Hartman's (the “Plaintiff”) employment with California State University, Channel Islands (“CSU”) as an adjunct professor from 2014 until his termination in October 2020. Plaintiff alleges that he suffered ...
2024.12.10 Motion to Compel Compliance with Business Record Subpoena 820
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.10
Excerpt: ...rmat with any metadata included. Counsel for the moving party to give notice of the Court's ruling. This single -plaintiff employment discrimination action arises from Brett Hartman's (the “Plaintiff”) employment with California State University, Channel Islands (“CSU”) as an adjunct professor from 2014 until his termination in October 2020. Plaintiff alleges that he suffered discrimination based on his national origin (though American, P...
2024.12.06 Motion for Summary Judgment 113
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.12.06
Excerpt: .... (Opposed) (1st of 2 Motions for 12/6/24 – Workups being done separately) TENTATIVE: GRANT summary adjudication in Plaintiff, American Investment Group, LLC's favor, on Issue 2 – the fifth cause of action for fraudulent inducement alleged by Cross -Complainant, Sargon Lazarof, against Defendant AIG only. DENY summary adjudication on Issue 1. DENY summary judgment. For purposes of this motion only: The Court GRANTS Sargon Lazarof's Request fo...

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