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Location: San Benito x
2020.03.05 Demurrer 191
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2020.03.05
Excerpt: ...ls to state facts sufficient to state a cause of action. “In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long settled rules. ‘We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. We also consider matters which may be judicially noticed.'” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “A demurrer tests only the legal s...
2020.01.23 Motion to Compel Discovery Responses, Demurrer 102
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2020.01.23
Excerpt: ...sion of time. While an extension was not required by law, Plaintiff denied the request and responded with an 84‐page letter demanding a response from Wells Fargo within three days – the day before Thanksgiving. Moreover, Wells Fargo eventually produced supplemental discovery responses by the deadline that it had originally requested. II. Demurrer Filed by Barrett, Daffin, Frappier, Treder & Weiss (BDFTW) The demurrer to the First Amended Comp...
2019.12.19 Motion for Summary Adjudication 158
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2019.12.19
Excerpt: ...third and fourth causes of action against the District are dismissed with prejudice. The evidence presented by Plaintiffs does not trigger any mandatory reporting requirements under California Penal Code Section 11164 et seq. Issue No. 2 – Government Code Section 820.9 provides immunity to members of a school district's Board of Trustees for any act or omission of the public entity or advisory body. Plaintiffs have failed to present any admissi...
2019.12.19 Motion for Attorneys' Fees 010
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2019.12.19
Excerpt: ...92) 5 Cal.App.4th 34, 54 fn. 22, Code of Civil Procedure §1032(a)(4).) The Court further finds that the claims for trade secret misappropriation were made in bad faith. As Defendants point out, the facts that served as the underlying basis for the Second Action were facts generally accessible to the public and, therefore, they cannot be trade secrets as no value may be derived from them. (See Cal. Civil Code §3426.1(d), SASCO v. Rosendin Electr...
2019.12.19 Demurrer 102
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2019.12.19
Excerpt: ...pleading within 30 days of service of the Second Amended Complaint. Plaintiffs allegations in the FAC against Wells Fargo, the successor in interest to WSB, relates solely to loan modification and the foreclosure process. In particular, the allegations are that Wells Fargo denied Plaintiffs a HAMP modification, mishandled a modification application, wrongfully foreclosed on their property and failed to comply with statutory notice of default requ...
2019.11.7 Petition for Review, Writ of Mandamus 126
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2019.11.7
Excerpt: ..., of alcohol in his blood. (Cal. Veh. Code §§13558(c)(2), 13357(b)(2).) “The hearing need not be conducted according to technical rules relating to evidence and witnesses, except as hereinafter provided. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make impr...
2019.11.7 Demurrer 059
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2019.11.7
Excerpt: ...g in the Superior Court of Sacramento entitled Vincent Bruccheri, Mario Contreras, and Jerry McNeely v. Aramark Uniform Services, LLC., Case No. 34‐2017‐ 00223408‐CU‐ OE‐GDS (Bruccheri). The claims in Moore and Bruccheri encompass and overlap with Plaintiff Deluna's claims in the present action, including whether Aramark may be held liable for Page 3 of 3 450 Fourth Street Hollister, CA 95023 (831) 636‐4057 x124  FAX (831) 634...
2019.10.24 Motion for Court Appointed Guardian Ad Litem 167
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2019.10.24
Excerpt: ...t cannot appoint the Public Guardian because the County of San Benito does not have currently have a Public Guardian. Defendants' unopposed Motion to Compel Plaintiff's Verified Responses to Form Interrogatories, Set One, Request for Production, Set One, and to Compel Plaintiff's Deposition is GRANTED. This Court previously continued this matter at the request of Page 2 of 3 450 Fourth Street Hollister, CA 95023 (831) 636‐4057 x124  FAX (...
2019.10.16 Motion to Vacate 839
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2019.10.16
Excerpt: ...t fails to state the specific statute for relief, he does cite to Fidelity Creditor Services Inc v. Browne (2001) 89 Cal.App.4th 195, 204 as grounds for the proposition that the failure to properly serve the summons and complaint constituted grounds to vacate the renewal of a judgment. In Fidelity Creditor Services the judgment debtor moved to vacate the renewal of judgment pursuant to Code of Civil Procedure Section 473.5. In order to vacate jud...
2019.10.16 Motion for Change of Venue, Request for Monetary Sanctions 116
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2019.10.16
Excerpt: ...st for Monetary Sanctions pursuant to Code of Civil Procedure Section 396b is GRANTED. In light of Plaintiff's counsel's delay in responding to Defendants' request to stipulate to transfer the matter, the Defendant is awarded $1,320.00 as a sanction for the costs and fees associated with bringing this motion. ...

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