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This case was last updated from Los Angeles County Superior Courts on 06/01/2019 at 04:47:46 (UTC).

BONNYE BENHAM VS MARKET PLACE LONG BEACH ET AL

Case Summary

On 05/18/2017 BONNYE BENHAM filed a Personal Injury - Other Personal Injury lawsuit against MARKET PLACE LONG BEACH. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are PATRICIA D. NIETO and GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2005

  • Filing Date:

    05/18/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

PATRICIA D. NIETO

GEORGINA T. RIZK

 

Party Details

Plaintiff and Petitioner

BENHAM BONNYE

Defendants, Respondents, Cross Plaintiffs and Cross Defendants

PACIFIC CASTLE MANAGEMENT INC

DOES 1 TO 30

EDWARDS THERATRES

UNITED ARTISTS LONG BEACH 6

REGAL CINEMAS

MARKET PLACE LONG BEACH

UNITED ARTIST THEATRES

EDWARDS THEATRES

PACIFIC CASTLE NEWPORT LLC [DOE 1]

PACIFIC CASTLE LONG BEACH LP [DOE 2]

PACIFIC CASTLE NEWPORT LLC

PACIFIC CASTLE LONG BEACH LP

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SULLIVAN JEROLD D. ESQ.

WILLFORD THOMAS MICHAEL ESQ.

SULLIVAN JEROLD DAVID ESQ.

Defendant and Respondent Attorneys

MICHAEL SULLIVAN & ASSOCIATES LLP

ROSS JONATHAN A. ESQ.

Cross Defendant Attorney

MONTELEONE ANNA JOY

 

Court Documents

AMENDMENT TO COMPLAINT

2/22/2018: AMENDMENT TO COMPLAINT

DEFENDANT REGAL CINEMAS INC. ANSWER TO CROSS-COMPLAINT

2/22/2018: DEFENDANT REGAL CINEMAS INC. ANSWER TO CROSS-COMPLAINT

SUBSTITUTION OF ATTORNEY

3/20/2018: SUBSTITUTION OF ATTORNEY

DEFENDANTS PACIFIC CASTLE NEWPORT, LLC. AND PACIFIC CASTLE LONG BEACH, LP'S ANSWER TO COMPLAINT AND DEMAND FOR JURY

4/23/2018: DEFENDANTS PACIFIC CASTLE NEWPORT, LLC. AND PACIFIC CASTLE LONG BEACH, LP'S ANSWER TO COMPLAINT AND DEMAND FOR JURY

Minute Order

11/1/2018: Minute Order

Motion to Compel

1/15/2019: Motion to Compel

Notice

2/19/2019: Notice

DEFENDANT, PACIFIC CASTLE MANAGEMENT, INC.'S ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL

1/3/2018: DEFENDANT, PACIFIC CASTLE MANAGEMENT, INC.'S ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL

SUMMONS CROSS-COMPLAINT

1/3/2018: SUMMONS CROSS-COMPLAINT

CROSS-COMPLAINT FOR: 1. COMPARATIVE INDEMNITY AND APPORTIONMENT OF FAULT; ETC

1/3/2018: CROSS-COMPLAINT FOR: 1. COMPARATIVE INDEMNITY AND APPORTIONMENT OF FAULT; ETC

NOTICE OF RULING FOR REGAL'S DEMURRER TO THE PLAINTIFF'S COMPLAINT

10/16/2017: NOTICE OF RULING FOR REGAL'S DEMURRER TO THE PLAINTIFF'S COMPLAINT

Minute Order

10/13/2017: Minute Order

RULING RE: DEMURRER BY DEFENDANT REGAL CINEMAS

10/13/2017: RULING RE: DEMURRER BY DEFENDANT REGAL CINEMAS

COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

5/18/2017: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

SUMMONS

5/18/2017: SUMMONS

PROOF OF SERVICE SUMMONS & COMPLAINT

6/7/2017: PROOF OF SERVICE SUMMONS & COMPLAINT

PROOF OF SERVICE SUMMONS

6/22/2017: PROOF OF SERVICE SUMMONS

NOTICE OF DEMURRER AND DEMURRER TO THE SECOND CAUSE OF ACTION IN THE COMPLAINT FILED BY PLAINTIFF; ETC

9/13/2017: NOTICE OF DEMURRER AND DEMURRER TO THE SECOND CAUSE OF ACTION IN THE COMPLAINT FILED BY PLAINTIFF; ETC

22 More Documents Available

 

Docket Entries

  • 03/12/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Jury Trial - Not Held - Continued - Court's Motion

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  • 02/22/2019
  • Notice of Ruling; Filed by PACIFIC CASTLE LONG BEACH LP (Defendant); Pacific Castle Management, Inc (Defendant); PACIFIC CASTLE NEWPORT LLC (Defendant) et al.

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  • 02/21/2019
  • at 10:00 AM in Department 2, Georgina T. Rizk, Presiding; Final Status Conference - Not Held - Continued - Party's Motion

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  • 02/20/2019
  • at 1:30 PM in Department 2, Georgina T. Rizk, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Taken Off Calendar by Party

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  • 02/20/2019
  • at 1:30 PM in Department 2, Georgina T. Rizk, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Taken Off Calendar by Party

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  • 02/20/2019
  • at 1:30 PM in Department 2, Georgina T. Rizk, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") (Responses to Supplemental Interrogatories, Set One) - Held - Motion Granted

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  • 02/20/2019
  • at 1:30 PM in Department 2, Georgina T. Rizk, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") (Responses to Supplemental Demand for Production, Set One) - Held - Motion Granted

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  • 02/20/2019
  • Minute Order ( (Hearing on Motion to Compel Discovery (not "Further Discovery...)); Filed by Clerk

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  • 02/19/2019
  • Notice (OF WITHDRAWAL OF MOTION TO COMPEL THE PLAINTIFF?S DISCOVERY RESPONSES); Filed by Pacific Castle Management, Inc (Defendant); PACIFIC CASTLE NEWPORT LLC (Defendant); Regal Cinemas (Defendant) et al.

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  • 02/14/2019
  • at 08:30 AM in Department 2, Georgina T. Rizk, Presiding; Hearing on Ex Parte Application (pursuant to stipulation of the parties and declaration of Anna J Monteleone) - Held - Motion Granted

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56 More Docket Entries
  • 06/07/2017
  • Proof-Service/Summons; Filed by Bonnye Benham (Plaintiff)

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  • 06/07/2017
  • Proof-Service/Summons; Filed by Bonnye Benham (Plaintiff)

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  • 06/07/2017
  • Proof-Service/Summons; Filed by Bonnye Benham (Plaintiff)

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  • 06/07/2017
  • Proof-Service/Summons; Filed by Bonnye Benham (Plaintiff)

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  • 06/07/2017
  • PROOF OF SERVICE SUMMONS & COMPLAINT

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  • 06/07/2017
  • PROOF OF SERVICE SUMMONS & COMPLAINT

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  • 06/07/2017
  • PROOF OF SERVICE SUMMONS & COMPLAINT

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  • 05/18/2017
  • Complaint; Filed by Bonnye Benham (Plaintiff)

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  • 05/18/2017
  • SUMMONS

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  • 05/18/2017
  • COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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Tentative Rulings

Case Number: BC662005    Hearing Date: December 08, 2020    Dept: 29

Benham v. Market Place Long Beach et al.

The Motion for a Trial Preference Pursuant to Code of Civil Procedure section 36, subd. (a) is DENIED.

A party seeking a trial preference under section 36, subdivision (a) must prove that (1) the party is over 70 years of age; (2) the party has a substantial interest in the action as a whole; and (3) the health of the party is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation.

Here, the parties do not dispute that the Plaintiff is 75 years old. However, while the health of the Plaintiff may be established by a declaration of counsel [see Code Civ. Proc. § 36.5], counsel’s declaration here is not sufficient to establish that Plaintiff’s health is such that a preference is necessary to prevent prejudicing the party’s interest in the litigation. Counsel’s declaration is based on conclusory statements with little information regarding degree of impairment or the alleged decline.

In any event, the Court notes that the trial is set for April 12, 2021. If the court were to grant the motion, the trial would be set for April 7, 2021. The parties should treat the April 12, 2021 date as a firm trial date.

Moving party is ordered to give notice.

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