Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

66 Results

Location: San Benito x
2022.09.12 Motion to Compel Further Discovery, Production of Docs 134
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.09.12
Excerpt: ... would be produced, or are otherwise non-complaint. Similarly, Defendant requests monetary sanctions of $1800 pursuant to CCP §2023.010.2023.020. 2023.030, and 2033.290(c), representing the reasonable expenses including fees incurred as a result of non-compliant responses and the failure to meet and confer in good faith to informally resolve the dispute. In general, any party may obtain discovery by inspecting, copying, testing, or sampling docu...
2022.09.12 Motion for Reconsideration 011
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.09.12
Excerpt: ...e the court issued its order, the Objector has also failed to state new or different laws as a basis for the motion. In the absence of new or different facts, the motion for reconsideration must be denied. The Objector's motion to amend pleadings and set aside the order of May 26, 2022 pursuant to Code of Civil Procedure 473 is also DENIED. While the Objector is correct that the policy of the courts favors disposition of matters on their merits, ...
2022.08.08 Motion for Enforcement of Settlement Agreement, for Attorney Fees 241
Location: San Benito
Judge: Palacios, Patrick K
Hearing Date: 2022.08.08
Excerpt: ...ttlement agreement. On June 29, 2022, Plaintiff filed its Motion for Enforcement of Settlement Agreement and Award of Costs and Attorney's fees, pursuant to CCP§664.6. There is no Opposition. California Code of Civil Procedure §664.6 invests the court with the power to enforce settlement agreements with summary procedures as defined by the statute. Under the code, if parties to pending litigation stipulate out of court in a writing signed by bo...
2022.07.25 Motion for Summary Judgment 119
Location: San Benito
Judge: Palacios, Patrick K
Hearing Date: 2022.07.25
Excerpt: ...uses of action for both General Negligence, and Premises Liability, alleging negligence and willful failure to warn, and claims that that Van Unen was an employee of the Defendants, that he was intoxicated at the time of the incident, that the golf cart which struck him on was owned by the Defendants, and that they and each of them ratified Van Unen's presence and use of the golf cart on 9‐14‐19. Defendants, except Van Unen, collectively move...
2022.07.18 Motion to Set Aside Default, Judgment 023
Location: San Benito
Judge: Palacios, Patrick K
Hearing Date: 2022.07.18
Excerpt: ...iff then attempted to file an Answer on April 26, 2021, which was stricken by court order on 11/09/2021. (Court file, Order Striking Answer file stamped November 9, 2021.) Plaintiff and Cross‐Defendant LCR Asset Management, LLC, has now moved to set aside entry of default. Code of Civil Procedure section 473(b) states there is a six‐month window in which a party may seek to set aside a default or other order entered against a party due to tha...
2022.06.30 Motion for Protective Order, to Quash Subpoenas 081
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.06.30
Excerpt: ...ncluding but not limited to the costs of his medical care, wage loss, and loss of earning capacity. (Complaint ¶¶ 7,8.) Based on the alleged damages Defendant subpoenaed records on February 7, 2022 from Marine Diving Solutions, LLC, the company which Plaintiff is both owner and employee. The subpoena was accompanied by a notice to consumer or employee and for objections. The Defendant received neither objections nor the requested documents by M...
2022.06.24 Motion to Compel Discovery Responses 215
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.06.24
Excerpt: ...earing date on the motion, which defeats the motion to deem admitted. (St. Mary's v. Superior Court (2014) 223 Cal. App. 4th 762, 776‐ 778.) Defendant's motion to be relieved from waiver of all objections for lack of timely response to discovery is GRANTED. Review of the correspondence recounting counsel's communication to extend time to respond to discovery shows an intent to stay formal discovery until thirty days (30) after mediation had occ...
2022.05.26 Motion to Compel Deposition, Production of Docs 023
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.05.26
Excerpt: ...nctions is denied. The court finds that the deponent and counsel acted with substantial justification and that monetary sanctions would be unjust. Although the substitution of counsel occurred on the eve of the deposition, Mr. Stockton was only given less than two full business days to respond with new dates. The evidence presented indicates that the witness was ill and therefore unavailable for the deposition. Finally, on multiple occasions, Mr....
2022.05.19 Demurrer to SAC 193
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.05.19
Excerpt: ...ent. (See Medix Ambulance Serv. Inc. v. Superior Court (2002) 97 Cal.App.4th 109, 118.) Regarding the Third Cause of Action, there is no private right of action for civilly enforcing Penal Code section 653.2. (See Cal. Penal Code §637.2.) As for the Fourth Cause of Action: False Light Invasion of Privacy, the words and phrases allegedly used by Defendant Resendiz are non‐actionable for purposes of this particular cause of action. False light ...
2022.04.14 Motion to Strike, Demurrer 144
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.04.14
Excerpt: ... action were made without leave of court and beyond the scope of the order permitting leave to amend and Plaintiff failed to seek leave to amend beyond the scope of the order. For these same reasons, the Motion to Strike is GRANTED as to the newly named defendant, San Benito County Board of Supervisors. Demurrer The demurrer is SUSTAINED with leave to amend as to Plaintiff's Amended Complaint. Plaintiff must file and serve any amended complaint n...
2022.04.14 Motion to Change Venue 016
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.04.14
Excerpt: ...p.3d 1071, 1081 (emotional and mental distress, pain and suffering, humiliation, and damage to reputation); Cooper v Jevne (1976) 56 Cal.App.3d 860, 871 (fraud); Shelton v Superior Court (1976) 56 Cal.App.3d 66, 82 (loss of consortium); Miller v Hoagland (1966) 247 Cal.App.2d 57, 60 (slander); Collins v County of Los Angeles (1966) 241 Cal.App.2d 451, 454 (false arrest and imprisonment); Tietz v Los Angeles Unified Sch. Dist. (1965) 238 Cal.App.2...
2022.04.07 Motion for Summary Judgment, Adjudication 059
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.04.07
Excerpt: ...wing that a cause of action has not merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. The moving party bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material facts. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A defendant...
2022.03.10 Motions to Compel Further Responses, to Quash Cell Phone Records 189
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.03.10
Excerpt: ...ensome. Regarding Form Interrogatory No. 17.1, the court is not persuaded that a party is prohibited from asking a party to prove a negative. The language of Form Interrogatory essentially allows for that since the interrogatory allows one party to ask another for proof in support of a negative response to a request for admission. Regarding the claim that the requests seek to obtain trade secrets or attorneyclient privilege, the Defendants fail t...
2022.01.27 Demurrer 204
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.01.27
Excerpt: ...ain a statement of facts constituting the cause of action, in ordinary and concise language (Cal. Civ. Proc. §425.10(a)(1)), and should allege ultimate facts that, as a whole, apprise the defendant of the factual basis of the claim. (Navarrete v. Meyer (2015) 237 Cal.App.4th 1276, 1284.) In determining whether a complaint states facts sufficient to constitute a cause of action, the judge may consider all material facts pleaded in the complaint a...
2022.01.20 Demurrer, Motion to Strike 193
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.01.20
Excerpt: ... Medix Ambulance Serv. Inc. v. Superior Court (2002) 97 Cal.App.4th 109, 118.) Plaintiff shall file any amended complaint within 20 days. Motion to Strike First amended complaint is stricken without leave to amend as to Defendants Velazquez and the City of Hollister. Defendants are entitled to mandatory attorneys' fees in the amount of $9,694.50. (Cal. Civ, Proc. §425.16(c)(1).) Plaintiff cannot amend the complaint to reallege the same cause of ...
2022.01.20 Demurrer, Motion to Strike 005 (2)
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.01.20
Excerpt: ...Superior Court (2002) 97 Cal.App.4th 109, 118.) Plaintiff shall file any amended complaint within 20 days. Motion to Strike First amended complaint is stricken without leave to amend as to Defendants Velazquez and the City of Hollister. Defendants are entitled to mandatory attorneys' fees in the amount of $9,694.50. (Cal. Civ, Proc. §425.16(c)(1).) Plaintiff cannot amend the complaint to reallege the same cause of action against defendants after...
2022.01.13 Motion for Attorney Fees 098
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.01.13
Excerpt: ... tort that arise out of the contract. (Santisas v. Goodin (1998) 17 Cal.4th 599, 619.) Here, the Option Agreement so provides for attorneys' fees “in any legal action…for enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys'' fees and other ...
2022.01.04 Motion to Set Aside 201
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.01.04
Excerpt: ... the same or similar circumstances. (Ibid.) Moreover, the law strongly favors trial and disposition on the merits. (Huh v. Wang (2007) 158 Cal.App.4th 1406, 1419.) Here, the court is satisfied with the evidence supporting the moving parties' contention that their actions related to this case were impacted by the difficulty in communicating with attorney Andrew Dai because of the language barrier. Adding to this confusion was the recent Covid‐19...
2022.01.04 Demurrer 122
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.01.04
Excerpt: ... factual basis of the claim. (Navarrete v. Meyer (2015) 237 Cal.App.4th 1276, 1284.) Less specificity in pleading the facts in the complaint is permitted when the defendant may be assumed to have knowledge of the facts at least equal, if not superior, to that possessed by the plaintiff. (Rutherford Holdings, LLC v. Plaza Del Rey (2014) 223 Cal.App.4th, 221, 236.) A demurrer shall be overruled if the allegations of the complaint adequately state a...
2021.12.16 Motion for Right to Attach Order and Issuance of Writ of Attachment 043
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.12.16
Excerpt: ...t is sought for no purpose other than the recovery of the claim on which the attachment is based; and 4) the amount to be secured by the attachment is greater than zero. (Cal. Code of Civ. Proc. §§483.010, 484.090.) Here, the evidence submitted by Plaintiffs sufficiently support the causes of action in the complaint that would result in damages of $500,000.00, that they are based on a contract and is unsecured, that the attachment is sought for...
2021.12.09 Motion to Set Aside Judgment 060
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.12.09
Excerpt: ...the proceeding. [Citation.] Examples of extrinsic fraud are: … failure to give notice of the action to the other party, and convincing the other party not to obtain counsel because the matter will not proceed (and then it does proceed). [Citation.] The essence of extrinsic fraud is one party's preventing the other from having his day in court.” (City and County of San Francisco v. Cartagena (1995) 35 Cal.App.4th 1061, 1067.) “To set aside a...
2021.11.18 Demurrer 144
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.11.18
Excerpt: ...urrer is also sustained as to the First Cause of Action as it fails to allege sufficient facts to constitute a cause of action against Jaime De La Cruz. A plaintiff's complaint need only meet fact‐pleading requirements: it must contain a statement of facts constituting the cause of action, in ordinary and concise language (Cal. Civ. Proc. §425.10(a)(1)), and should allege ultimate facts that, as a whole, apprise the defendant of the factual ba...
2021.11.04 Motion to Set Aside 201
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.11.04
Excerpt: ... the same or similar circumstances. (Ibid.) Moreover, the law strongly favors trial and disposition on the merits. (Huh v. Wang (2007) 158 Cal.App.4th 1406, 1419.) Here, the court is satisfied with the evidence supporting the moving parties' contention that their actions related to this case were impacted by the difficulty in communicating with attorney Andrew Dai because of the language barrier. Adding to this confusion was the recent Covid‐19...
2021.11.04 Demurrer 122
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.11.04
Excerpt: ... factual basis of the claim. (Navarrete v. Meyer (2015) 237 Cal.App.4th 1276, 1284.) Less specificity in pleading the facts in the complaint is permitted when the defendant may be assumed to have knowledge of the facts at least equal, if not superior, to that possessed by the plaintiff. (Rutherford Holdings, LLC v. Plaza Del Rey (2014) 223 Cal.App.4th, 221, 236.) A demurrer shall be overruled if the allegations of the complaint adequately state a...
2021.10.28 Motion for Summary Judgment, Adjudication 041
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.10.28
Excerpt: ...erial fact as to each cause of action, claim for damages or issue of duty. (Cal. Civ. Proc. §437c(f)(1).) When the plaintiff is the moving party, the court determines if it has met its burden under CCP Section 437c(p) by proving each element of a cause of action entitling the moving party to judgment on that cause of action. (Ibid.; Riverside County Community Facilities Dist. V. Bainbridge 17 (1999) 77 Cal.App.4th 644, 653.) The court's function...

66 Results

Per page

Pages