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Location: San Benito x
Judge: Breen, Thomas x
2024.03.20 Motion for Attorney Fees 178
Location: San Benito
Judge: Breen, Thomas
Hearing Date: 2024.03.20
Excerpt: ...n. 9 -7 -22 Complaint filed 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 First amended Complaint is filed seeking damages, declaratory relief, injunctive re...
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...
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 ...

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