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41 Results

Location: San Benito x
2021.10.21 Motion to Compel Neuropsychiatric IME 042
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.10.21
Excerpt: ...ction 2032.320(e)(1).) This order is conditioned on the Defendant's advancement of the examinee's reasonable expenses and costs for travel to the place of examination, which shall include mileage, lodging and meals for both Refugio Hurtado Perez and Maria L. Hurtado, as well as lost wages for Maria L. Hurtado. An advance payment of estimated costs in the amount of $1,500 shall be paid to Plaintiff's counsel no later than October 25, 2021. Additio...
2021.10.21 Motion for Change in Venue 066
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.10.21
Excerpt: ... complaint. Therefore, the original complaint controls. Here, the Superior Court for the County of Fresno is proper under Code of Civil Procedure section 395.5, which states, “(a) corporation or association may be sued in the county where the contract is made or is to be performed, or where the obligation or liability arises, or the breach occurs; or in the county where the principal place of business of such corporation is situated, subject to...
2021.09.30 Motion to Compel Further Responses 098
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.09.30
Excerpt: ...uments are withheld based on privilege, Plaintiff is to provide a code‐compliant privilege log by October 7, 2021. Regarding monetary sanctions, monetary sanctions shall be imposed unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Cal. Civ. Proc. §2023.030(a).) Here, the parties met and conferred several months ago, Plaintiff...
2021.09.02 Motion to Stay 067
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.09.02
Excerpt: ...aised by the Rose, et al. v. County of San Benito appeal, are sufficiently similar to those presented here to justify a stay. Both cases Page 4 of 4 450 Fourth Street Hollister, CA 95023 (831) 636‐4057 x124  FAX (831) 634‐ 4911 concern whether the Board of Supervisors intended to confer a vested contractual right when providing employee and retiree health benefits under the PEMHCA. Although the motion to stay is granted, this order spec...
2021.09.02 Motion for Summary Judgment 200
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.09.02
Excerpt: ...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 moving for summary judgment carries the burden of persuasion and/or production by presenting evidence that would require such a trier of fact not to find any underlying material...
2021.08.19 Motion to Expunge Lis Pendens 071
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.08.19
Excerpt: ...on in a pleading which would, if meritorious, affect (a) title to, or the right to possession of, specific real property or (b) the use of an easement identified in the pleading, other than an easement obtained pursuant to statute by any regulated public utility.” (Cal. Civ. Proc. §405.) Here, the FACC pleads a cause of action that would affect the use of an easement. (See FACC ¶¶102‐106.) Cross‐Complainants have established the probable...
2021.08.06 Motion for Summary Judgment 147
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.08.06
Excerpt: ...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 moving for summary judgment carries the burden of persuasion and/or production by presenting evidence that would require such a trier of ...
2021.07.15 Motion for Evidentiary, Issue, or Terminating Sanctions 081
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.07.15
Excerpt: ...nce drafted a report following Plaintiff's claim. Defendant's insurance denied the claim. Subsequently, in late 2019 and early 2020, Defendant replaced the water storage tanks. Defendant was personally served on July 24, 2020. Plaintiff's now move for sanctions against Defendant for removing the water storage tanks, which are the subject of this litigation. Although there is no evidence that Defendant remove the tanks with the intent to destroy o...
2021.07.08 Motion for Summary Judgment, Adjudication 002
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.07.08
Excerpt: ...ause of action cannot be established. (Code Civ. Proc., § 437c, subd. (p)(2).) “[T]he defendant bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact. [Citation.] If the defendant carries the burden of production, the burden shifts to the plaintiff to make his or her own prima facie showing of the existence of a triable issue of fact.” (McGonnell v. Kaiser Gypsum Co. (20...
2021.07.08 Demurrer 189
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.07.08
Excerpt: ...e otherwise regulating trade secrets. (b) This title does not affect (1) contractual remedies, whether or not based upon misappropriation of a trade secret, (2) other civil remedies that are not based upon misappropriation of a trade secret, or (3) criminal remedies, whether or not based upon misappropriation of a trade secret.” In determining whether a claim has been displaced by CUTSA, courts look to whether such a claim depends on the existe...
2021.07.08 Demurrer 063
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.07.08
Excerpt: ... a nondisclosure by the manufacturer to the eventual purchaser must be passed on. (OCM Principal Opportunities Fund, L.P. v. CIBC World Markets Corp. (2007) 157 Cal.App.4th 835, 859.) “(I)t would be anomalous if liability for damages resulting from fraudulent concealment were to vanish simply because of the fortuitous event of an intervening resale.” (Id. at 859‐860.) Additionally, Plaintiff has alleged that Defendant was acting as an agent...
2021.07.01 Special Motion to Strike 193
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.07.01
Excerpt: ...termine whether the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity. The defendant has the initial burden of showing that the acts underlying the plaintiff's suit fall within one or more of the categories of conduct. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 538.) Specifically, the causes of action are based, in part, on conduct made before a legislative proceeding, which is a ...
2021.06.17 Motion to Compel Further Responses 023
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.06.17
Excerpt: ...response deadlines several times. During that time, an answer to the cross‐complaint was filed and served by LCR, thus making Interrogatory Number 15.1 relevant and not premature as of the date of the supplemental response. As a result, the current response is inadequate in that it is an objection only. Regarding Special Interrogatories 6 and 10‐19 the motion is GRANTED as the most recent responses are inadequate and the requests are relevant...
2021.05.20 Special Motion to Strike 193
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.05.20
Excerpt: ...termine whether the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity. The defendant has the initial burden of showing that the acts underlying the plaintiff's suit fall within one or more of the categories of conduct. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 538.) Specifically, the causes of action are based, in part, on conduct made before a legislative proceeding, which is a ...
2021.05.20 Special Motion to Strike 006
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.05.20
Excerpt: ...etermine whether the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity. The defendant has the initial burden of showing that the acts underlying the plaintiff's suit fall within one or more of the categories of conduct. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 538.) Specifically, the causes of action are based, in part, on conduct made before a legislative proceeding, which is a...
2021.05.20 Special Motion to Strike 005
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.05.20
Excerpt: ...etermine whether the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity. The defendant has the initial burden of showing that the acts underlying the plaintiff's suit fall within one or more of the categories of conduct. (Lee v. Silveira (2016) 6 Cal.App.5th 527, 538.) Specifically, the causes of action are based, in part, on conduct made before a legislative proceeding, which is a...
2021.04.22 Motion to Strike 170
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.04.22
Excerpt: ...ty of others. (Ibid.) Malice does not require actual intent to harm. (Pfeifer v John Crane, Inc. (2013) 220 Cal.App.4th 1270, 1299.) Conscious disregard for the safety of another may be sufficient. (Ibid.) A conscious disregard of the rights or safety of others means a conscious disregard of the probability that the actor's conduct will result in injury to others. (See, e.g., Taylor v Superior Court (1979) 24 C3d 890, 895 (person who drinks alcoh...
2021.04.22 Motion to Strike 069
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.04.22
Excerpt: ...the defendant intends to cause injury, or despicable conduct carried on by the defendant that a willful and conscious disregard of the rights or safety of others. (Ibid.) Malice does not require actual intent to Page 2 of 3 450 Fourth Street Hollister, CA 95023 (831) 636‐4057 x124  FAX (831) 634‐4911 harm. (Pfeifer v John Crane, Inc. (2013) 220 Cal.App.4th 1270, 1299.) Conscious disregard for the safety of another may be sufficient. (Ib...
2021.04.15 Motion for Summary Judgment, Adjudication 172
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.04.15
Excerpt: ...intiff has demonstrated that Buzzetta signed the original lease and a Personal Guarantee in his capacity as a surety, and that there was a failure to pay the promised amount, Buzzetta has met his burden of showing the existence of a triable issue of one or more material facts as it pertains to a complete defense to Page 2 of 3 450 Fourth Street Hollister, CA 95023 (831) 636‐4057 x124  FAX (831) 634‐ 4911 Plaintiff's causes of action aga...
2021.04.08 Motion for Judgment on the Pleadings 114
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.04.08
Excerpt: ...e right to be free from a particular injury, regardless of the legal theory on which liability for the injury is based. (Planning & Conservation League v. Castaic Lake Water Agency (2009) 180 Cal.App.4th 210, 227.) Even if two actions involve the same general subject matter, but involve distinct episodes of purported non‐compliance, the doctrine of res judiciata does not apply. (Id. at 228.) Here, Petitioner's brought two causes of action in ca...
2021.03.25 Motion to Compel Further Responses 162
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.03.25
Excerpt: ...th and last stated cause of action and that cause of action was only against Airpark. None of the remaining causes of action incorporate Paragraphs 85 through 92, which make up the fifth cause of action. Since the fifth cause of action was resolved and are no longer the subject of a pending action, and because the allegations are not included as a basis for any cause of action against the Defendant Atlantic Specialty, the requests are irrelevant....
2021.03.25 Motion to Compel Further Responses 059
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.03.25
Excerpt: ... operative Complaint. The three positions Page 2 of 4 450 Fourth Street Hollister, CA 95023 (831) 636‐4057 x124  FAX (831) 634‐4911 at issue (Hourly Rate Sales Representatives (“Hourly RSR”); Route Sales Support (“RSS”), and Regional Inside Sales Associates (“RISA”)) were paid, in part, on a commission basis. Plaintiffs are entitled to seek discovery of evidence relating to whether the entire class can be certified. (Ogden v...
2021.03.25 Motion for Change of Venue 199
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.03.25
Excerpt: ...ract has the burden of demonstrating that the plaintiff's choice of venue is not proper under any of the statutory grounds. (Mitchell v. Superior Court (1986) 186 Cal.App.3d 1040, 1046.) When parties to an action make a motion for a change of venue, it is incumbent on them to make a complete showing requiring the change. (Sequoia Pine Mills, Inc. v. Superior Court of Tuolumne County (1968) 258 Cal. App. 2d 65, 65.) Here, Plaintiff submitted compe...
2021.03.18 Motion to Amend Answer 172
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.03.18
Excerpt: ....) The amended answer must be filed and served within five (5) calendar days. The plaintiff has ten days after service of the amended answer to demurrer to the amended answer. (CCP Section 471.5(b).) The parties are ordered to attend the hearing to address the Plaintiff's motion for summary judgment. ...
2021.03.11 Motion to Strike Anti-SLAPP 023
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.03.11
Excerpt: ...ty of prevailing on the claim. (Taus v. Loftus (2007) 40 Cal.4th 683, 703.) First, the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity because the Cross‐Complaint's claims arise out of Plaintiff's filing of the Complaint. (See Rusheen v. Cohen (2006) 37 Cal.4th 148, 1056.) In particular, Cross‐Defendant's Cross‐Complaint is based, in part on Plaintiff's Complaint and wheth...

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