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Location: San Benito x
Judge: Rodriguez, J. Omar 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...
2024.01.10 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...
2023.09.20 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...
2023.07.26 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...
2023.06.14 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...
2023.04.03 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 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...
2023.01.30 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,...
2022.09.12 Motion for Reconsideration 011
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.09.12
Excerpt: ...e the court issued its order, the Objector has also failed to state new or different laws as a basis for the motion. In the absence of new or different facts, the motion for reconsideration must be denied. The Objector's motion to amend pleadings and set aside the order of May 26, 2022 pursuant to Code of Civil Procedure 473 is also DENIED. While the Objector is correct that the policy of the courts favors disposition of matters on their merits, ...
2022.09.12 Motion to Compel Further Discovery, Production of Docs 134
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.09.12
Excerpt: ... would be produced, or are otherwise non-complaint. Similarly, Defendant requests monetary sanctions of $1800 pursuant to CCP §2023.010.2023.020. 2023.030, and 2033.290(c), representing the reasonable expenses including fees incurred as a result of non-compliant responses and the failure to meet and confer in good faith to informally resolve the dispute. In general, any party may obtain discovery by inspecting, copying, testing, or sampling docu...
2022.06.30 Motion for Protective Order, to Quash Subpoenas 081
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.06.30
Excerpt: ...ncluding but not limited to the costs of his medical care, wage loss, and loss of earning capacity. (Complaint ¶¶ 7,8.) Based on the alleged damages Defendant subpoenaed records on February 7, 2022 from Marine Diving Solutions, LLC, the company which Plaintiff is both owner and employee. The subpoena was accompanied by a notice to consumer or employee and for objections. The Defendant received neither objections nor the requested documents by M...
2022.06.24 Motion to Compel Discovery Responses 215
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.06.24
Excerpt: ...earing date on the motion, which defeats the motion to deem admitted. (St. Mary's v. Superior Court (2014) 223 Cal. App. 4th 762, 776‐ 778.) Defendant's motion to be relieved from waiver of all objections for lack of timely response to discovery is GRANTED. Review of the correspondence recounting counsel's communication to extend time to respond to discovery shows an intent to stay formal discovery until thirty days (30) after mediation had occ...
2022.05.26 Motion to Compel Deposition, Production of Docs 023
Location: San Benito
Judge: Rodriguez, J. Omar
Hearing Date: 2022.05.26
Excerpt: ...nctions is denied. The court finds that the deponent and counsel acted with substantial justification and that monetary sanctions would be unjust. Although the substitution of counsel occurred on the eve of the deposition, Mr. Stockton was only given less than two full business days to respond with new dates. The evidence presented indicates that the witness was ill and therefore unavailable for the deposition. Finally, on multiple occasions, Mr....
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...
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...

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