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58 Results

Location: San Benito x
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...
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...

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