Pierson, Timothy vs. Hollister Police Department

Superior Court of California County of San Benito

Tentative Decisions for August 27, 2026

Courtroom #1: Judge J. Omar Rodriguez

CL-25-00999 Pierson, Timothy vs. Hollister Police Department Respondent City’s Motion to Strike Petitioner’s Second Notice of Appeal is GRANTED. Petitioner’s Second Notice of Appeal seeks to challenge Commissioner Galloway’s Decision that was issued on March 9, 2026, following a hearing pursuant to Food and Agricultural Code section 31624. Courts are specifically authorized to strike a pleading upon a motion or at any time in the court’s discretion. (Code Civ. Proc §436; Greshko v. County of Los Angeles (1987) 194 Cal.App.3d 822, 830.)

The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. (Code Civ. Proc §437.) In limited civil actions, motions to strike are allowed when the relief sought is not supported by the allegations of the pleading. (Code Civ. Proc. §92.) There is no legal authority to appeal the March 9th decision. “Necessarily a judgment, which by the Code is made final and conclusive, is not appealable.” (Gale v. Tuolumne Cnty.

Water Co. (1914) 169 Cal. 46, 50.) “The determination of the court hearing the appeal shall be final and conclusive upon all parties.” (Food & Agr. Code, § 31624.) Furthermore, by law, the California Court of Appeal, Sixth Appellate District cannot hear appeals from limited civil cases. (See Code Civ. Proc §904.2.)

**Please contact Judicial Courtroom Assistant, Lesley Pace, at (831) 636-4057 x127 or lpace@sanbenitocourt.org with any objections or concerns.