Jessie R. Benavides
How Judge Benavides decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In a life-estate waste dispute, she gives a party who has fallen behind on a recurring financial obligation a final, time-limited chance to cure before granting the harsher remedy sought, where the party's testimony about the ability to pay is credible.
“Defendant has represented credibly that he has the ability and financial means to bring the mortgage current and continue to pay it. Equity requires that Defendant be allowed a limited period of time to remedy the mortgage situation before the Court entering an order terminating his life estate.”
Procedural preferences
She enforces the pleading rules strictly against a motion to dismiss filed simultaneously with an answer, treating that sequencing itself as a waiver of the failure-to-state-a-claim defense regardless of the merits of the underlying arguments.
“The Court also finds that Defendants have waived their ability to assert a defense under Rule 12(b)(6) by filing the Motion simultaneous with filing their Answer.”
Cautions
She will not consider new arguments a party raises for the first time at oral argument if they were not included in the underlying motion or responsive pleadings, regardless of how the case ultimately comes out.
“WHEREAS, Defendant Wayne Mackay raised several new arguments at oral argument which were not included in his Motion or any responsive pleadings ... the Court will not take any of these arguments into consideration.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants' Motion to Dismiss on grounds of lack of subject matter jurisdiction is DENIED. Defendants' Motion to Dismiss on grounds of failure to state a claim upon which relief can be granted is DENIED.”
“The Petition should be GRANTED WITH MODIFICATIONS. Defendant should be allowed thirty (30) days from the date of this Order to bring the mortgage current on the Subject Property. ... Should Defendant fail to bring the mortgage current within that time frame, his life estate should be terminated, and the Petition will be GRANTED.”
Put Judge Benavides's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Benavides actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Benavides's own signed orders and cites them.