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2024.06.13 Petition to Compel Arbitration 751
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.06.13

Excerpt: ...tions in the prior action. The basic facts are undisputed: 1. On January 21, 2022, plaintiff signed an engagement letter with the defendants to handle matters in the prior action. 2. Defendants' representation of the plaintiff continued until December of 2022. 3. The engagement letter contained a pre -dispute arbitration provision that provides for binding arbitration before JAMS on any non -fee related dispute. 4. The engagement letter contained...

2024.06.13 Motion to Bifurcate 305
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.06.13

Excerpt: ...at bifu rcation of the limitations issue is appropriate here. That said, the court alerts the parties to Emergency Rule 9, adopted by the Judicial Council and made part of the California Rules of Court in 2020. That rule is often overlooked by counsel when discu ssing whether a particular claim is time- barred. Emergency Rule 9 was adopted in response to the Covid -19 pandemic. It tolled certain statutes of limitations from April 6, 2020, until O...

2024.06.13 Demurrers, Motions to Strike 521
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.06.13

Excerpt: ...lack of staffin g.” He wants to “add additional causes of action and clarify others.” Counsel for the defendants are adamantly opposed to any further leave to amend. They submitted comprehensive declarations that demonstrated that the plaintiff's counsel has not active ly participated in this action, and that this has cost their clients substantial fees and costs. Plaintiff is a gastroenterologist with clinical privileges at the surgicenter...

2024.06.06 Motion to Compel Further Responses 732
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.06.06

Excerpt: ...and electri cal systems. But no speciﬁc defects are asserted. It is the court's understanding from defendant's opposition to the motion that it claims that it refused to offer a repurchase of the vehicle because it could not identify any warranted defect. Motion t o Compel Plaintiff ﬁled a motion to compel further responses from defendant's Person Most Qualiﬁed. During her deposition, the PMQ was asked about contacts, communications, and ot...

2024.06.06 Motion for Judgment Notwithstanding the Verdict 534
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.06.06

Excerpt: ...ipulated to by the parties. It had three questions. In response to Question No. 1 on the special verdict form, the jury found answered “No” to the question as to whether defendant's negligence was a substantial factor in causing harm to the plaintiff. To make the point clear, the jury put a “zero” in the answer blank for the two questions that asked about damages. Plaintiff now complains that the special verdict form should not have asked...

2024.05.30 Motion to Strike 497
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.30

Excerpt: ...bdivision (a), ﬁ le a “declaration of nonmonetary status” if it maintains a “reasonable belief that it has been named in the action solely in its capacity as trustee, and not arising out of any wrongful conduct or omissions on its part in the performance of its duties as trustee.” Subdivision (b) of that section sets out what must be included within the declaration. Subdivision (c) provides that any party that has appeared in the action...

2024.05.30 Motion for Summary Judgment 369
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.30

Excerpt: ... law. The M erits 1. There is a Triable Issue of Material Fact as to Whether Nurse Practitioner Luu was an Independent Contractor or an Employee of Progeny These defendants claim Luu was an independent contractor and thus they cannot be held liable for any negligenc e on her part. Historically, someone that hired an independent contractor was not liable for their negligence. (See Johnson v. The Raytheon Co., Inc. (2019) 33 Cal.App.,5th 617, 627.)...

2024.05.30 Motion for Summary Judgment 056
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.30

Excerpt: ...the open house signs. Real estate agents/brokers have a duty to notify visitors about dangerous conditions which they know about or have constructive knowledge of. From the photographs attached to defendant expert's declaration, it is apparent there is a triable is sue of fact as to whether this raised area (sort of a rectangular landing) was open and obvious. The color and texture of the walkway and raised area appear to be consistent. A jury co...

2024.05.23 Motion to Compel Physical Exam 929
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.23

Excerpt: ...Plaintiff claims that he cannot access the defendant business establishment (a restaurant) because of several “physical and intangible” access barriers. Motion to Compel Physical Examination Defendants ﬁled a request for an Independent Medical Examination of the plaintiff. Th ey also sought a protective order staying any further proceedings pending the examination. Defendants claim the plaintiff does not have standing to bring the action, a...

2024.05.23 Motion for Leave to File FAC 666
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.23

Excerpt: ...y Darrell McKay. Both were named as defendants, but McKay has now been dismissed because it has come to plaintiff's attention that McKay apparently never signed the guaranty; his name was allegedly forged by Mello. The amended complaint would add a cause of action for fraud against Mello. These are the pertinent facts: The guaranty was executed May 28, 2020. Plaintiff alleges the contract was breached November 22, 2022, when a payment was missed....

2024.05.23 Discovery Motions 713
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.23

Excerpt: .... Since then, no additional papers have been ﬁled. Counsel should be prepared to advise the court whether further court intervention is necessary. Motion for Summary Judgment Defendant ﬁled a motion for summary judgment; there is no request for summary adjudi cation of issues. As the court understands it, the relevant facts are relatively simple and, for the most part, undisputed. This may be a case where the issue to be resolved may not whet...

2024.05.16 Demurrer, Motion to Strike 297
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.16

Excerpt: ... in the act that caused plaintiffs' injuries in this case. The acts were allegedly done by the other defendants. The allegation that the incident occurred on public park property is not enough to hold a public entity liable for the negligence of others. The com plaint does not allege any condition of the park that caused or contributed to the alleged injuries. The allegation that the city had a mandatory duty to protect attendees of the event und...

2024.05.16 Motion to Compel Further Responses 471
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.16

Excerpt: ...Beach ﬁled a motion to compel further responses to form interrogatories (set one), special interrogatories (set one), and requests for production of documents (set one). The motion included a request for monetary sanctions. No opposition was ﬁled to the motions. Th e court notes that this is not ﬁrst discovery dispute between the parties over these discovery requests. Last August, the court granted a motion to compel responses to the same d...

2024.05.16 Motion to Compel Arbitration 875
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.16

Excerpt: ... simply st ates that they seek an order “enforcing the arbitration agreement executed” by the plaintiff. They identify themselves as “third party beneﬁciaries of the arbitration agreement [and] are therefore entitled to have this case submitted to binding arbitrati on and to have the proceedings in this case dismissed.” (ROA 27, 2:8 -10.) The accompanying points and authorities state, however, that “plaintiff executed a binding mutual...

2024.05.16 Motion to Quash 121
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.16

Excerpt: ...eriﬁ ed complaint for defamation and civil extortion against defendants. It alleged that Pabriaga, from an Elab e -mail address, sent two e -mails to several California employees of plaintiff wherein he sought at least $100,000 in exchange for not reporting plaintiff for “illegal testing,” as well as not ﬁling “a complaint to the Office of the Inspector General Fraud Division.” The e -mails are attached to the declaration of Ashlie To...

2024.05.09 Motion to Quash Service of Summons 830
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.09

Excerpt: ...s Abraham Cannon and MyMoveBid.com “to provide software development services for the MyMoveBid.com platform,” but that defendants have not paid over $135,000 for services performed. The complaint also alleges that “MyMoveBid.com is a ﬁctitious business name for Abraham Cannon and if it is an entity, he is the alter ego of such entity.” (The court notes the written agreement attached to the complaint is executed by “Abraham Cannon.” ...

2024.05.02 Demurrer 096
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.05.02

Excerpt: ...ing pool. The allegations are insufficient as to whether this was intentional on the part of defendants or just mere negligence on the part of the construction/demolition crew. Motion to Strike The motion of defendants to strike portions of the ﬁrst amended complain t is GRANTED in part and DENIED in part. As to Item No. 11, the court is aware of no legal authority allowing a claim for punitive damages in a declaratory relief cause of action. T...

2024.04.25 Motion to Lift Bankruptcy Stay 130
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.25

Excerpt: ...ns a contra ctual relationship between plaintiff and Paragon over relocation services to be provided to plaintiff's employees. Pertinent here, the complaint alleged that Morabito was the CEO of Paragon Relocation Services, and Jim Davis was its CFO. It further alleg ed these two individuals were actively contacting plaintiff's employees and improperly threatening to turn them over to debt collectors if they did not pay relocation costs claimed by...

2024.04.25 Motion for Leave to Post Jury Fees 285
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.25

Excerpt: ...l is curre ntly set for May 6, 2024. The plaintiff never posted jury fees. Pursuant to Code of Civil Procedure section 631, subdivision (c)(2), a party demanding a jury trial must post fees within 365 days of the ﬁling of the initial complaint if no Case Managemen t Conference is held. None was held here; therefore, plaintiff's failure to timely post fees resulted in his waiver of a jury. Defendant never posted jury fees, but it is not requesti...

2024.04.25 Motion for Equitable Relief to Reopen Lawsuit 057
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.25

Excerpt: ...dence Pl aintiff asserts she has new evidence that justiﬁes reopening the case. The problem with her argument is that a ﬁnal judgment was entered in the case by Judge George, and it was affirmed on appeal, and the remittitur was issued in November 2022. Even if it were relevant, there is no showing that any of this information, evidence, or argument is new. If anything, much of it is a repeat of the arguments made previously, and speciﬁcall...

2024.04.18 Motion to Strike 173
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.18

Excerpt: ...int that con tinues to include these two causes of action. It again alleges these causes are against “all” defendants. The striking of these causes of action may not be the most efficient remedy here. The motion to strike is DENIED without prejudice. Demurrer to Se cond Amended Complaint (Champion) Defendant Champion Construction Services, Inc., ﬁled a demurrer to the second amended complaint. The demurrer is SUSTAINED without leave as to t...

2024.04.11 Application to Strike Declaration of Non-Monetary Status Filing 497
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ... declarati on of non-monetary status stricken immediately, it is DENIED. To the extent it seeks an order shortening time, it is also DENIED. Plaintiff has failed to show an emergency or why the matter cannot be heard in the ordinary course. This latter is without prejudice to the ﬁling of a noticed motion to be placed on the court's regular law and motion calendar. Demurrer Defendant State of California Department of Health Care Services ﬁled...

2024.04.11 Demurrer 912
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ...llegations in the complaint, defendants (including these Doe defendants), “distribute and sell their kratom products to residents in California pursuant to a false and misleading marketing campaign.” The complaint further alleges that defendants do not disclose the serious health risks of the product; nor state that the product is the subject of warnings from poison control centers and is known to be not safe for human consumption. And it spe...

2024.04.11 Demurrer to SAC 413
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ...on letter were attached to the complaint. However, the plaintiff alleged that because the damages were “ongoing and exceeded $10,000” the amount of damages claimed was “omitted” from the form because “that portion was inapplicable.” The city argues that plaintiff 's failure to state the amount claimed is a material defect and the demurrer must be sustained without leave to amend. Without properly seeking judicial notice, the demurrer ...

2024.04.11 Motion for Summary Judgment 583
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ...Villageway M anagement, Inc., and that the 90-day period ended on September 4, 2018 —is GRANTED. The court notes that no opposition was ﬁled. 3. Defendants' evidentiary objections nos. 1 -47 to plaintiff's memorandum of points and authorities and response to the summary judgment motion are disregarded. They are not evidentiary objections. 4. Defendants' objection nos. 48 -63 are OVERRULED. 5. Plaintiff ﬁled a document entitled “Objections...

2024.04.11 Motion to Stay Discovery Pending Resolution of Motion to Compel Arbitration 875
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ...face, purp ort to be a contract between the plaintiff and plaintiff's employer —a fact that defendants' counsel had conﬁrmed in an e -mail to the plaintiff's counsel. Defendants' counsel attempted to disavow that concession during oral argument, essentially on the gr ound it was not a judicial admission, and in any event, it was made before counsel had all the facts. That argument is unpersuasive. Even if the arbitration agreement were enforc...

2024.04.11 Motions for Summary Judgment, Adjudication 888
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ...are the t hree members of the Forefront 405 Owners Association. The association manages office property in a common interest development. There is a split on the board, and the plaintiff constantly ﬁnds itself on the losing end of 2 -1 votes. The main dispute her e is over whether maintenance of the parking lot (a permitted activity) includes the construction of other amenities/developments to the office property, such as basketball courts, etc...

2024.04.11 Motions to Seal 802
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ...f Court. Movants shall prepare the appropriate order for the court's signature. Demurrer Defendants ﬁled a demurrer to the ﬁrst amended complaint. The action concerns an alleged breach of an agreement and the unauthorized use of conﬁdential information. Th ere is a choice of law provision in the agreement which states it is to be construed pursuant to New York law. Defendants also suggest that at least one key issue may likely have to be de...

2024.04.11 Motion to Stay Proceedings 435
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.11

Excerpt: ...ay of the case rests within the discretion of the court. The alleged acts occurred between December 2018 and March 2019. The children were pre -teens. They are now around 16 years old. The civil complaint was ﬁled July 21, 2020. Evans ﬁled an answer June 11, 2021. A jury trial has been scheduled for February 3, 2025. In the criminal case, a pre -trial conference is set for May 22, 2024, and trial is set for June 6, 2024. Bail is set at $1 mil...

2024.04.04 Motion to Compel Compliance with Deposition Subpoena 074
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.04

Excerpt: ...urt Orde r Plaintiff's motion to compel compliance with this court's order of September 28, 2023, is DENIED. Further responses were served on October 4, 2023, but plaintiff complains the responses are “nearly identical” to the prior responses. The motion is not accompanied by a separate statement as required by Rule 3.1324 of the California Rules of Court, and the motion fails to establish how the responses were not compliant with the court's...

2024.04.04 Demurrer, Motion to Strike 631
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.04.04

Excerpt: ...day, December 13, 2023, on December 18, 2023, plaintiff and cross -defendant ﬁled a declaration for an automatic extension. The extension expired on January 17, 2024, but the demurrer and motion to strike were not ﬁled until March 1, 2024. And then, cross -defendant s et the matters for hearing on May 16, 2024, in violation of Rules 3.1320(d) and 3.1322(b) of the California Rules of Court [demurrer must be set for a hearing within 35 days of ...

2024.03.28 Motion to Tax Costs 600
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.28

Excerpt: ... on appeal and thus it is entitled to its costs so l ong as those costs were timely requested and are allowable. In its opposition, ﬁled the same day, defendant states that, “Hussein has indicated he does not challenge Defendants appellate cost bill.” But, in Hussein's reply, he iterates that he does chal lenge defendant's right to costs on appeal. He iterates that defendant “forfeited” its right to those costs because it failed to ﬁl...

2024.03.28 Motion for Permission to Maintain Action Under Pseudonym 171
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.28

Excerpt: ...ditions that the defendants caused, (c) she is concerned t hat she will be blackballed in the industry for suing her prior employer, and (d) defendants are trying to obtain a litigation advantage by making her disclose her real name, and they are seeking to shame and embarrass her. Code of Civil Procedure section 367 provides that an action “must be prosecuted in the name of the real party in interest, except as provided by statute.” Plaintif...

2024.03.28 Discovery Motions 875
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.28

Excerpt: ...d, and (3) it has ﬁled a separate motion for a stay that has not yet been heard. The four discovery motions (ROAs 60, 64, 68, and 72) are GRANTED. Defendant is ORDERED to serve veriﬁed responses within 15 days. Sanctions are ORDERED against defendant and its counsel, joint and several, in the amounts requested in th e motions, payable to the plaintiff within 15 days. The defendant's request for sanctions is DENIED. Procedural Background The c...

2024.03.21 Motion for Summary Judgment, Adjudication 926
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.21

Excerpt: ...omplaint was ﬁled May 26, 2020. (ROA 2. ) The motion for summary judgment is supported by the declaration of John Battista, a licensed Certiﬁed Access Specialist (CASp). He visited the shopping center on May 20, 2022, and found various violations of the Americans with Disabilities Act and the Uniform Building Code, which he detailed in his report. In opposition to the motion, defendant ﬁled a declaration from Jong Park, also a licensed CASp...

2024.03.21 Motion for Judgment on the Pleadings 223
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.21

Excerpt: ...ings is based on the claim that there is no statutory ba sis for the claim and therefore no cause of action can be stated against the City under Government Code section 815. A motion for judgment on the pleadings serves the same basic purpose as a demurrer. It asks the court to determine whether as a matter of law a cause of action has been stated. (See Tung v. Chicago Title Co. (2021) 63 Cal.App.5th 734, 743- 744.) However, it may not be used as...

2024.03.21 Motion to be Relieved as Counsel, for Determination of Good Faith Settlement 475
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.21

Excerpt: ...lves a high - end residential lease. Plaintiffs ﬁled a 12-count complaint against the property owner, Yuan Mu, real estate agent Nancy Milne, and Ascendant International, Inc., dba Re/Max Luxury Properties. It includes causes of action for breach of contract, common counts, fraud, and dec laratory relief. Plaintiffs complain that the house they rented had numerous issues and Yuan Mu refused to ﬁx them. Yuan Mu ﬁled a 13 -count cross -compla...

2024.03.21 Motion to Compel Deposition of PMQ 952
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.21

Excerpt: ...ion).” But the reply attempts to mislead the court and ob tain discovery plaintiff's counsel knows this court has denied in prior cases. Indeed, and contrary to its initial assertion, this motion is all about the request to produce all the documents in the General Motors universe about the Silverado vehicle. Th e ﬁnal sentence of the reply gives the game away: “Based on the foregoing, GM must be ordered to produce its PMQ for deposition on ...

2024.03.14 Motion to Remand Case from Arbitration 668
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.14

Excerpt: ...ntional Inﬂiction Emotional Distress 8. Mental Disability Discrimination 9. No Reasonable Accommodation/Mental Disability 10. Failure to Pay Wages When Due In the complaint, she mentioned the term “sexual harassment” in paragraphs 11, 15- 16, 22, 40, 57- 59, 78, 81-84, 122, 128- 129, and 146. The claims of sexual harassment are general. They are for the most part non -speciﬁc. She alleges she was sexually harassed by two non - employees w...

2024.03.14 Demurrer, Motion to Strike 132
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.14

Excerpt: ...tion to strike was continued to this date because the parties had fail ed to engage in a proper meet and confer. It does not appear that defendant's counsel has taken advantage of this extended time to comply with its obligations under the statutes. Accordingly, the court sets an Order to Show Cause re Sanctions against def endant's counsel. The hearing is set for April 11, 2024, at 8:30 am. Any declaration in response shall be ﬁled at least �...

2024.03.07 Motion to Permit Filing of Roe Amendment 267
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.07

Excerpt: ..., as a Roe defendant was ﬁled only on February 9, 2024. Moe has been an active defendant since the beginning of the case. Moreover, this case has been actively litigated by all parties as evidenced by the discovery propounded, the law and motion practice, and the many cross -complaints which have been ﬁled. There have also been suggestions that the scope of the case has expanded tremendously over the years. On the one hand, waiting over seven...

2024.03.07 Motion to Continue Trial 074
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.07

Excerpt: ...n of the motion. To assist the parties in resolving the matter i nformally, the court would offer the following thoughts. The court notes that the motion is procedurally improper on numerous grounds. It does not, for example, specify the time, place, manner, scope, and nature of the examination in accordance with the requirements of Code of Civil Procedure section 2032.310. Nor does it comply with the California Rules of Court that govern motion ...

2024.02.29 Motion to Compel Arbitration 359
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.29

Excerpt: ...�lessee,” and Norm Reeves Honda Superstore is identiﬁed as “les sor (dealer).” Below that, in a separate area, it states that, “‘Lessor' refers to the Lessor (‘Dealer') named above and Assignee,” which is identiﬁed as “Honda Lease Trust.” Pertinent here, paragraph 15 on the ﬁrst page of the agreement states that “p arties agree that any unresolved disputes shall be submitted to arbitration in accordance with the Arbitrat...

2024.02.22 Motion to Quash 243
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22

Excerpt: ...f Costco and Jewell is a Director thereof, that does not in an d of itself establish personal jurisdiction over them for acts taken by the corporation. (See Calder v. Jones (1984) 465 U.S. 783, 790.) Plaintiff complains he was sickened by a hotdog he ate at one of the Costco stores. He also complains that the membe rs of the Board of Directors did not do anything when he advised them about what had happened and the failure of the corporation to t...

2024.02.22 Motion to Compel Further Responses 361
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22

Excerpt: ... request for accommodation to work remotely. Defend ant's request for production of documents no. 10 asks for all posts she has made on her social media accounts concerning this lawsuit or the complaint. The plaintiff effectively concedes this request is proper and may lead to the discovery of admissible e vidence. Indeed, her opposition to the motion does not even address it. Request no. 11 asks for all posts she has made on her social media acc...

2024.02.22 Motion for Change of Venue, to Compel Further Responses 297
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22

Excerpt: ...hen she was hit by a tightly rolled -up T -shirt ﬁred into the crowd by a T -shirt cannon from one of the boats. The complaint alleged that venue is proper here because defendants either live or do business in Orange County and the tortious acts occurred in this county. On June 20, 2023, Sonia Atkins was su bstituted into the case as a self -represented litigant. (ROA 67.) Her husband, Christopher Atkins was admitted into the case as a party pl...

2024.02.22 Demurrer 482
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22

Excerpt: ...ssues. They allege the sellers also failed to disclose other substantial defects t hey knew about, but that the plaintiffs were only able to discover during a remodel. The demurring defendants are the real estate agents for the sellers. A real estate agent may be held liable for misrepresentation if the agent knew of the issue and did not disclose it. (Lingsch v. Savage (1963) 213 Cal.App.2d 729, 736.) The general allegations of misrepresentation...

2024.02.08 Motion to Strike 599
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.08

Excerpt: ...e same generic claims that have been deemed legally insu¯icient. (See, e.g., Taylor v. Superior Court (1979) 24 Cal.3d 890.) The Þrst amended complaint makes the same generic factual allegations but now also alleges that the defendant was convicted of driving under the inßuence of alcohol in 2015 and was given a “Watson advisement” as required by Vehicle Code section 23593. A Watson advisement informs the defendant that: “You are hereby...

2024.02.08 Motion to Quash Deposition Subpoena 587
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.08

Excerpt: ...es that a proper meet and confer was held to resolve the matter. That said, the court concludes that judicial economy—this is the second time the motion has been here—to move forward based on the limited information it has. This is a personal injury case. Plainti¯ asserts she fell on her side and head from a height of three feet. The motion to quash is generic. It simply argues that the disclosure of medical records would invade plainti¯'...

2024.02.08 Motion for Attorney Fees 853
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.08

Excerpt: ...d out at $525 per hour; and the paralegal is billed out at $250 per hour. Those (alleged) billing rates are substantially above the attorney fee rates in the local Orange County legal community for the same or similar work. Even the most experienced Lemon Law attorneys in this community are not awarded fees based on such billing amounts, except in complex cases that require experience. The standard attorney fee rate for non-complex cases runs at ...

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