138 results for 'judge:"Rodriguez"'.
J. Rodriguez finds that the trial court should not have dismissed a bad faith and contract complaint over an insurer's denial of a disability benefits claim as barred by the statute of limitations. The insured's breach claim did not accrue until the insurer stopped paying benefits, not earlier when the insurer informed the insured that it intended to stop paying benefits. Reversed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: June 20, 2023, Case #: A166049, Categories: Civil Procedure, Insurance, Contract
J. Rodriguez finds a lower court ruled correctly in finding a man to be a sexually violent predator and civilly committing him. The man argued the jury had been unfairly prejudiced when the court allowed them to hear details of his adjudicated and unadjudicated offenses, but that evidence was provided with the “limited purpose of assisting the jury in weighing the experts’ opinions on the ultimate issue of [the man’s] behavioral abnormality” and did not unfairly prejudice him. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 19, 2023, Case #: 08-22-00222-CV, Categories: Evidence, Commitment, Due Process
J. Rodriguez conditionally grants a writ of mandamus to Enterprise Rent-A-Car after it was sued by a consumer who had been arrested at a Border Patrol checkpoint and who alleged that the company’s “negligence in renting him a car that contained illegal narcotics was the cause of his arrest.” Enterprise argued a lower court had committed a “clear abuse of discretion” by not allowing it to designate Border Patrol as a third party in this case. Border Patrol’s general immunity alone is not a good enough reason to not designate it as such, and the consumer’s arguments that a filing by Enterprise was technically late did not account for court rules concerning legal holidays.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 16, 2023, Case #: 08-23-00081-CV, Categories: Civil Rights, Government, Consumer Law
J. Rodriguez grants a motion for summary judgment and dismisses a case involving a convoluted dispute over mineral rights. Parties who alleged that they were not being fairly compensated for mineral leases raised a number of issues, including alleging that a company involved in the dispute had violated the Texas Natural Resources Code, but based on the relevant leases and contracts in this case, those parties were simply "not owed the contested royalties."
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: June 16, 2023, Case #: 5:22cv558, NOS: Other Contract - Contract, Categories: Energy, Real Estate, Contract
J. Rodriguez finds that the trial court properly reopened a preliminary hearing so the state could introduce evidence of defendant's gang membership, which was necessary under amendments to the gang enhancement elements. The trial court had the authority to reopen the hearing in the unfinished case in order to hear evidence that was not previously required. Affirmed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: June 15, 2023, Case #: A166375, Categories: Assault, Gangs
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J. Rodriguez partially dismisses a premise liability lawsuit against Veterans Affairs. The Department of Veterans Affairs argued the case should be dismissed because it was not properly served, but the department should simply be dismissed as a party in this case because the U.S., not an individual department, is the correct defendant under the Federal Tort Claims Act. While the individual bringing the suit will have the option to refile, her amended complaint “should clearly reflect” the clarifications made by this court regarding proper parties in the case.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: June 15, 2023, Case #: 5:22cv652, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, Tort, Immunity
J. Rodriguez dismisses most of a civil rights case brought against the director of the U.S. Office of Personnel Management after she was sued for alleged employment discrimination based on race and age. While the former employee may bring narrow claims for an alleged “discriminatory action” as it relates to his “non-promotion” in 2014, most of his claims overall are too “vague and conclusory” or concern allegations, such as an alleged failure to train, that have been not recognized as “adverse employment action[s]” by the Fifth Circuit.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: June 13, 2023, Case #: 5:22cv451, NOS: Civil Rights - Habeas Corpus, Categories: Civil Rights, Employment, Employment Discrimination
[Consolidated.] J. Rodriguez finds that the trial court erred in holding that the environmental impact report for a vegetation removal plan for the UC Berkeley campus failed to meet the requirements of the Environmental Quality Act. The descriptions for a fuel break and fire hazard reduction project had sufficient detail under the Act. They contained the project's precise location and boundaries, a general description of the project objectives and a general description of the project's technical, economic and environmental characteristics. Also, a tree-by-tree inventory of the nearly 100-acre project area would be difficult, expensive and unnecessary. Reversed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: June 9, 2023, Case #: A165012, Categories: Environment
J. Rodriguez finds a lower court ruled correctly in convicting defendant of robbery. Defendant argued jurors had not adequately considered his “defense of necessity” in the incident, but while jurors learned that the victim was armed, they also heard evidence that a group of men including defendant had initiated an assault on him, and this court “cannot conclude” that “robbing” the victim “was necessary.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 8, 2023, Case #: 08-22-00118-CR, Categories: Robbery, Assault, Self Defense
J. Rodriguez finds a lower court did not err in modifying the punishment of a juvenile adjudicated to be delinquent from probation to commitment at the Texas Juvenile Justice Department. The juvenile argued the court had abused its discretion in making this decision, but the court heard about numerous instances of the juvenile violating the terms of her probation, the juvenile had previously “absconded” from probation and an aunt who was initially considered as a placement option was ultimately ruled out due to her own past criminal history. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 6, 2023, Case #: 08-22-00159-CV, Categories: Administrative Law, Guardianship, Juvenile Law
J. Rodriguez finds a lower court ruled correctly in convicting defendant of murder after a woman that defendant had been dating was found dead at her home. Defendant argued the state had neither offered adequate evidence against him nor proven that a murder had happened in Texas which would have given this court jurisdiction, but the venue in this case “was not disputed in the trial court,” and prosecutors offered “ample circumstantial evidence,” including a Facebook belonging to defendant that had sent threatening messages to the victim, to provide “authentication” of defendant as the killer. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: May 31, 2023, Case #: 08-22-00109-CR, Categories: Evidence, Murder, Domestic Violence
J. Rodriguez finds a lower court ruled correctly in terminating the parental rights of a mother. The mother argued there was not adequate evidence to support termination, but by the final child-custody hearing the mother had “still not completed her required parenting classes,” and child welfare officials were having “difficulties remaining in contact” with her. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: May 31, 2023, Case #: 08-23-00036-CV, Categories: Family Law, Government, Guardianship
J. Rodriguez finds a lower court ruled correctly in finding a driver was negligent in a three-car collision that happened during a “big old sandstorm.” The driver appealed, arguing the jury had erred in finding him negligent, but while the driver argued he had not continued driving into the sandstorm and had instead stopped, other evidence contradicts this and jurors were “free to believe or disbelieve [his] contention.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: May 30, 2023, Case #: 08-22-00046-CV, Categories: Evidence, Vehicle, Negligence
J. Rodriguez finds a lower court ruled correctly when it ruled against a consumer who had sued an auto shop for warranty claims. The consumer argued that the auto shop had not adequately repaired her car because she continued to experience car issues even after repairs, but that consumer has provided “no evidence” of how the auto shop’s “conduct” caused her continued car problems. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: May 26, 2023, Case #: 08-22-00106-CV, Categories: Vehicle, Warranty, Contract