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15 Results

Location: San Benito x
2021.02.25 Motion for Attorneys' Fees 028
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.02.25
Excerpt: ...ssary, but billing timesheets are not necessary. (See Sweetwater Union High Sch. Dist. v Julian Union Elementary Sch. Dist. (2019) 36 Cal.App.5th 970, 995.) California Code of Civil Procedure Section 1021.5 allows for the court to award attorneys' fees to a successful party against an opposing party in any action, which resulted in the enforcement of an important right affecting the public interest. Such an award may only be made if the court fin...
2021.02.11 Motion to Strike 069
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.02.11
Excerpt: ...ction for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.” (Cal. Civil Code §3294(a).) “‘Malice' means conduct which is intended by the defendant to cause injury to the Page 2 of 3 45...
2021.01.21 Motion to Bifurcate 098
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.01.21
Excerpt: ...ablishing the probable validity of its real property claims. (See Code of Civ. Proc. Section 405.30; Howard S. Wright Constr. Co. v. Superior Court (2003) 106 Cal.App.4th 314, 319.) The evidence presented shows that there is an express condition precedent under the Option Agreement, which was not satisfied at the expiration of the Option Term, thereby excusing Defendants from further performance. The Plaintiff had the obligation to convert the la...
2021.01.21 Motion for Summary Judgment 132
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.01.21
Excerpt: ...en no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) A defendant moving for summary judgment has met his or her burden of showing a cause of action has no merit if the defendant has shown that one or more elements of the plaintiff's cause of action cannot be established. (Code Civ. Proc., § 437c, subd. (p)(2).) “[T]he defendant bears an initia...
2021.01.14 Demurrer 015
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2021.01.14
Excerpt: ... to the entity. (Rubenstein v. Doe No. 1 (2017) 3 Cal.5th 903, 906.) If a government claim is denied, a lawsuit must be brought within six months of the denial. (Cal. Gov't Section 945.6.) Here, the claim was rejected on September 28, 2015 and the lawsuit was filed approximately two year later, well after the statute of limitations had expired. Plaintiff claims that the District is estopped from claiming that this lawsuit is untimely filed becaus...
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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