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95 Results

Location: San Benito x
2024.03.13 Motion to Strike Preliminary Statement 089
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2024.03.13
Excerpt: ...hat t he parties acted with substantial justification. Page 2 of 5 **Please contact Judicial Courtroom Assistant, Wendy Guerrero, at (831) 636 -4057 x129 or [email protected] with any objections or concerns. Motion 2 Plaintiff's Motion to Strike Prel iminary Statement from ACCO Engineered Systems' Untimely Responses to the First Set of Special Interrogatories is DENIED. To properly respond to each discovery request, each answer or obj...
2024.03.06 Motion to Compel Deposition of PMK 002
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2024.03.06
Excerpt: ...son most qual ified to respond to a discrete area of inquiry. While it is true that natural persons may only be deposed once without leave of court or consent of the deponent, governmental entities, such as Defendant are not natural persons. Moreover, the person most k nowledgeable is not deposed as a natural person, but rather as the voice of the entity in question, whether that be a corporation, an association, or as here, a governmental entit...
2024.03.06 Demurrer 170
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2024.03.06
Excerpt: ... section 452 require s the Court to construe the allegations of pleadings liberally. (Porten v. Univ. of San Francisco (1976) 64 Cal.App.3d 825, 833.) In addition, in considering a Demurrer, the Court must accept as true all facts alleged in the Complaint. (Fundin v. Chicago Pneumatic Tool Co. (1984) 152 Cal.App.3d 951, 955.) As to the Fourth Cause of Action, Cross -Complainant has sufficiently pled facts to constitute a cause of action for wrong...
2024.02.07 Motion for Attorney Fees 178
Location: San Benito
Judge: Breen, Thomas
Hearing Date: 2024.02.07
Excerpt: ...e Demurrer is Overruled as to the Second through the Sixth Causes of Action, inclusive. 9-7-22 Complaint Þled seeking damages, declaratory relief, injunctive relief, punitive, and exemplary damages, and other relief, based on the following causes of action: 1) Larceny; 2) Conversion; 3) Breach of Implied Covenant of Good Faith and Fair Dealing; 4) Breach of Fiduciary Duty; 5) Fraud and Intentional Deceit; and 6) Constructive Fraud. 10-27-23 Firs...
2024.01.31 Demurrer 183
Location: San Benito
Judge: Breen, Thomas
Hearing Date: 2024.01.31
Excerpt: ...relief in the form of a writ of mandate, and for the award of monetary damages and attorney fees for the following causes of action: 1) Violation of Subdivision Map Act and City's Code of Ordinances (Title 16, Subdivisions): Administrative Mandamus (CCP §1094.5); 2) Ordinary Mandamus (CCP§1085); and 3) Damages (Inverse Condemnation/Unlawful Regulatory Taking). 11-8-23 Matter continued for further CMC and Demurrer 12-20-23 Matter continued for f...
2024.01.10 Petition to Compel Arbitration 168
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2024.01.10
Excerpt: ...ry to its defense. (Rosenthal v. Great Western Fin. Securities Corp. (1995) 14 Cal. 4th 394, 413.) There is strong policy in favor of the arbitrability of contracts. (Eriksen, Arbuthnot, McCarthy, Kearney & Walsh, Inc. v. 100 Oak St. (1983) 35 Cal. 3d. 312, 323.) under both the Federal Arbitration act and the California Arbitration act, given the public policy objectives of the acts, "any doubts regarding arbitrability of a dispute are resolved i...
2023.12.13 Motion for Summary Judgment, Adjudication 149
Location: San Benito
Judge: Breen, Thomas
Hearing Date: 2023.12.13
Excerpt: ...a Cilluffo, Kenneth Taylor ( Kevin Essary, David Anderson ; DBA Willow Glen Construction) *Cross Complaint 2: Cross Complainant: Dawna Cilluffo , Kenneth Taylor ( Kevin Essary, David Anderson ; DBA Willow Glen Construction ) Cross Defendants: Bradley Sullivan ( Agripharma); Thomas Guy, Janet Stinnett, Jennifer Boswell (Dryco Construction); Lilianne Chaumont (First Alarm); David Harris ( ndoor Air Design); Colette Stone ( yons Brothers); Richard H...
2023.11.15 Motion to Set Aside Dismissal, for Sanctions 005
Location: San Benito
Judge: Breen, Thomas
Hearing Date: 2023.11.15
Excerpt: ...proper notices. Matter set to 11-15-23. 10-18-23 Amended Notice of Motion: Plaintiff is seeking set aside of dismissal for the limited purpose of establishing the Court's jurisdiction to modify its prior orders regarding the imposition of monetary sanctions. After that order is modified, Plaintiff consents to the entry of dismissal as otherwise provided in the Court's 5-31-23 order granting Defendant Resendez's motion for terminating sanctions. 1...
2023.11.15 Motion for Reconsideration, Demurrer, Motion to Strike 102
Location: San Benito
Judge: Breen, Thomas
Hearing Date: 2023.11.15
Excerpt: ...ir residence by the Defendant, Wells Fargo, and to set aside the transfer of the property to the purchaser at the trustee's sale. The underlying complaint was subsequently amended. Thereafter, on July 2, 2021 the court ruled on the Defendants' demurrer to the Second Amended Complaint. In its ruling the Court sustained without leave to amend the Demurrer of Defendant Barrett Daffin, Frappier, Treder, &Weiss, LLP's (BDFTW) Demurrer as to the First,...
2023.11.15 Demurrer 023
Location: San Benito
Judge: Breen, Thomas
Hearing Date: 2023.11.15
Excerpt: ...out 3-2-06 Defendant Galvan executed a Promissory Note secured by the equity in the real property of Defendant for a loan. The Defendant agreed to repay the amount with interest in monthly installments. The original lender transferred its ownership and all rights on the contract ( including the transfer of the security interest) which were then assigned to the current plaintiff. Defendant failed to make payments, and this action followed. Page 5 ...
2023.10.04 Motion for Summary Judgment, Adjudication, for Leave to File FAC 049
Location: San Benito
Judge: Palacios, Patrick K
Hearing Date: 2023.10.04
Excerpt: ...es and/or costs from the Plaintiffs' pursuant to CCP S 473(a) is DENIED, without prejudice. In reviewing the Motions in this matter on for hearing today, the court must as a practical matter review them slightly out of order of their filing. The reason for this is simple. The court in granting Plaintiffs' Motion for Leave to File First Amended Complaint would render moot the Defendants' Motion for Summary Judgment, or in the Alternative Summary A...
2023.09.20 Motion to Compel Compliance with Discovery Orders 060
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2023.09.20
Excerpt: ...n 15 calendar days of this order. Defendant General Motors' Motion to Compel Defendant's Motion to Compel the Deposition of Plaintiff is DENIED. When a party is served with a deposition notice but fails either to appear for examination or to proceed with it, or to serve a written objection to the notice at least three calendar days before the scheduled date for the deposition, the party giving notice may move for an order to compel the deponent's...
2023.08.30 Motion to Determine Good Faith of Settlement 085
Location: San Benito
Judge: Palacios, Patrick K
Hearing Date: 2023.08.30
Excerpt: ...leged tort feasors or co- obligors upon giving notice..." (CCP 5877.6 sub (a) (1).) Good faith settlement may be determined by the court based on affidavits served with the notice of hearing, any counter affidavits in response, or the court may receive other evidence at hearing. (CCPS877.6 sub Such a determination bars other joint tort feasors or ccyobligors from further claims against the settling tort feasor or co-obligor for equitable comparat...
2023.08.09 Motion for Class Certification 059
Location: San Benito
Judge: Palacios, Patrick K
Hearing Date: 2023.08.09
Excerpt: ...ursuant to Cal Evidence Code 5452 sub (d) (1) is GRANTED. 8. Defendant's [01/31/2022] Objection No. 1 to the Declaration of M. Gavron in support of motion at 94 on the basis that it provdes incomplete testimony, is irrelevant, and speculative, on the basis that the attached portions of the deposition did not include all corrections to the deposition testimony is SUSTAINED (Incomplete). Objections Nos. 2-15 to EX B - Rogers Deposition 118:2- 119:4...
2023.07.26 Demurrer 050
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2023.07.26
Excerpt: ...emurrer is to test the sufficiency of the complaint as a matter of law." (Holiday Matinee, Inc. v. Rambus, Inc. (2004) 118 Cal.App.4th 1413, 1420.) The court does not look to a plaintiff's ability to prove the allegations in the complaint, or whether they will be able to make such proofs in assessing whether the complaint is legally sufficient. (Alcorn v. Anbro Eng'g, Inc. (1970) 2 Cal. 3rd 493,496.) A complaint "is suffic:ient if it alleges ulti...
2023.07.12 Application for Right to Attach Order and Issuance of Writ of Attachment 049
Location: San Benito
Judge: Palacios, Patrick K
Hearing Date: 2023.07.12
Excerpt: ...an Elec. Corp., (2007) 146 Cal.App.4th 1474, 1476 (citations and internal quotation marks omitted).) "Attachment is a harsh remedy because it causes the defendant to lose control of his property before the plaintiffs claim is adjudicated." (Martin v. Aboyan, (1983) 148 Cal. App. 3d 826, 831.) "Since California's attachment law is purely statutory, it must be strictly construed." (VFS Fin„ Inc. v. CHF Express, LLC, (C.D. Cal. 2009) 620 F. Supp. ...
2023.06.14 Motion for Protective Order and Stay of Discovery 060
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2023.06.14
Excerpt: ...sideration Defendant's Motion for Reconsideration is DENIED. A party may seek a reconsideration of a court's order or ruling within 10 days of the issuance of the order, on the basis that reconsideration is warranted by the discovery of new facts or new law. (Cal. Code of Civ. Proc. 51008.) There are no new facts or law presented in this motion, nor should the court exercise discretion to grant relief in the face of Defendant's ongoing failure to...
2023.05.31 Motion to Enforce Settlement 103
Location: San Benito
Judge: Palacios, Patrick K
Hearing Date: 2023.05.31
Excerpt: ...erpreting contract, the court must therefore give ordinary meaning to the words employed in the settlement. The Defendant's CCP 664.6 motion to enforce the settlement by requiring Plaintiff to build such a fence by a date certain or repay the $30,000, plus interest, is DENIED. The initial stipulation was signed by the parties in 2016, agreeing on a survey which resolved their boundary dispute. In it, Defendants agreed to pay Plaintiffs $30,000 in...
2023.05.31 Motion for TRO 049
Location: San Benito
Judge: Palacios, Patrick K
Hearing Date: 2023.05.31
Excerpt: ...im, upon which his motion is based, is highly unlikely. In light of the fact that the proposed relief, halting Defendants' operations and management of the facility, is a substantial change in the status quo, the balance of the hardships does not favor the Plaintiffs. The request for a Temporary Restraining Order is DENIED. The Plaintiffs' request for temporary order is grounded in his claim that Defendants are trespassing. The elements of trespa...
2023.04.03 Motion to Set Aside Entry of Default 212
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2023.04.03
Excerpt: ...ndards Enforcement v. Davis Moreno Constr. Inc. (2011) 193 Cal.App.4th 560, 570.) Such a motion may be filed at any time. (See Manson, Inver & York v. Black (2009) 176 Cal.App.4th 36, 42.) However, a judge may deny the moton if the defendant has not exercised diligence in seeking relief after discovering the mistake and if the plaintiff has been prejudiced by the lack of diligence. (See Rappleya v. Campbell (1994) 8 Cal.4th 975, 983-984.) Here De...
2023.04.03 Motion to Compel Further Responses 006
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2023.04.03
Excerpt: ... Documents, Set One, on Caltrans. The requests at issue, generally, seek records and reports involving or occurring near the location of the incident that is subject to the current lawsuit. Caltrans replied to each request that, "despite a diligent search and reasonable inquiry into the requested documents, Defendant is unable to comply because the requested documents are not in Defendant's possession." Plaintiffs rely on the existence of a state...
2023.03.13 Motions to Compel Responses, for Attorney Fees 005
Location: San Benito
Judge: Palacios, Patrick K
Hearing Date: 2023.03.13
Excerpt: ...been filed. The motons are GRANTED. Generally speaking, all forms of written discovery are due within thirty days. (CCPSS2030.260, 2031.260, 2033.250(a).) The time to respond is automatically extended by two days based on electronic service, (CCPS1010.6.) or five days based on service by postal mail. (CCPS1005.) A failure to provide a timely response to a discovery request authorizes a motion to compel responses. Service of untimely response does...
2023.03.13 Motion for Reconsideration 059
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2023.03.13
Excerpt: ... 4th 758, 768.) Ordinarily, a request for the court to reconsider a prior decision must be made within ten days after the service of notice of the entry of the underlying order (CCPS1008(a).) However, this tme constraint is inapplicable when a party renews a motion or the court, sua sponte, reconsiders an order when there has been a change in law. Therefore, the court determines that based on the announcement of the decision in Garcia v. Superior...
2023.02.27 Motion for Summary Judgment, Adjudication 191
Location: San Benito
Judge: Palacios, Patrick K
Hearing Date: 2023.02.27
Excerpt: ...04. The building rented to various tenants conducting various businesses on the premises. Plaintiff's father had purchased an insurance policy with Allstate Insurance through a local insurance broker, BishopLusink Insurance Agency which covered the premises. Plaintiff maintained this policy without alteration after the close of escrow and thereafter. Subsequently, on July 12, 2020, Plaintiff's building caught fire resulting in substantial damage ...
2023.01.30 Motion to Compel Deposition of PMQ, Further Responses 060
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2023.01.30
Excerpt: ...ially and unilaterally scheduled, for October 13, 2022. Defendant served their objections to the foregoing on Plaintiff one day prior to the date scheduled for the deposition. Defendant objected to all of the areas of inquiry on the bases of relevance, over‐breadth, burdensomeness, privilege (attorney‐client), and trade secret information. On September 27, 2022, Plaintiff served Defendant by email with the Request for Production of Documents,...

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