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2022.02.10 Motion for Summary Adjudication 207
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.02.10
Excerpt: ...s the motion, as to it, is GRANTED, as to the Fifth Cause of Action for breach of implied warranty. (See ROA 397, 2:3-5; 4:8-9; 7:3-5.) California Motorcycle Accessories, Inc. The plaintiff does not oppose the motion for summary adjudication as to defendant California Motorcycle Accessories, Inc., only insofar as it relates to the undisputed fact that this defendant did not issue any warranty. As to that issue, the motion is GRANTED. (See ROA 397...
2022.02.10 Motion for Leave to File FAC 722
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.02.10
Excerpt: ...e was initially treated by defendant Dr. Lorraine Sunday. During physical therapy he suffered further spinal injury. He underwent a cervical MRI and was referred to Field, an orthopedic surgeon, for “failure to progress.” The MRI showed “several levels of disc protrusions with compression of the cord.” Field saw the plaintiff one time on October 27, 2016. He took a written and oral history, conducted a physical examination, and reviewed t...
2022.02.03 Motions for Summary Adjudication 924
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.02.03
Excerpt: ...n. I. Motion of Defendant Susan Su Chun Wu Defendant Susan Su Chun Wu filed a motion for summary adjudication of issues as to complaint filed by plaintiffs Yoshinori Senga, Sakiko Ogura, and Yasuhiro Senga. 1. First Cause of Action quiet title as to real property located at 203 Nashville Avenue, Huntington Beach. DENIED. Quiet title was pled as to three properties. (See Para. 159 of Second Amended Complaint.) The defendant fails to explain how th...
2022.02.03 Motion to Vacate and Set Aside Judgment, for New Trial 276
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.02.03
Excerpt: ...of the procedural posture of the case, the facts proved, and the court's final ruling. As the minute order makes clear, the court had concluded that the defendants were entitled to judgment as a matter of law on the summary judgment motion on the ground that the action was barred by the applicable one-year statute of limitations. Thus, the court's order after hearing was to grant summary judgment. However, the court recognized (as explained in it...
2022.02.03 Motion for Summary Judgment 079
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.02.03
Excerpt: ...Fiber, LLC, breached the Pole License Agreement and refused to accept SCE's tender of defense. The motion is DENIED. Procedural Irregularities This is the second time that Southern California Edison Company has sought summary adjudication of issues on its cross-complaint as to this cross-defendant. The first time the summary adjudication of issues motion was denied without prejudice; there were numerous procedural errors. Although this second mot...
2022.01.27 Motions to Compel Further Responses 285
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.01.27
Excerpt: ...k Linskey M.D. made by any UCI Resident from August 1, 2017 to present. 3. IDENTIFY every Medical Executive Committee (MEC) Incident Report by IR number that involves Mark Linskey M.D. during the period January 1, 2015 through the present time. 4. IDENTIFY all facts that form the basis for each Incident Report involving Mark Linskey M.D. for the period beginning January 1, 2015 through the present time. 5. IDENTIFY all witnesses with knowledge of...
2022.01.27 Motion for Summary Adjudication 937
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.01.27
Excerpt: ...tter should be heard by him. But at the prior hearing the parties, without appearing and without argument, submitted on the tentative. The tentative did not offer an opinion on the merits but advised the parties that supplemental briefing on a point not raised by them in their briefs would be helpful. Under these circumstances, the court concludes that it may rule on the motion in the first instance.) Joslin argues that he is not a Member of the ...
2022.01.20 Motion for Protective Order 357
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.01.20
Excerpt: ...e cross-complainant's motion for leave to file a second amended cross- complaint. The motion for leave to amend is also on this law and motion calendar, infra. It appears from the declaration of attorney Klein that the that the testimony of these witnesses may be relevant to the current first amended cross-complaint. The court has read and considered all the papers and finds the arguments of the plaintiff without merit. The motion for a protectiv...
2022.01.20 Demurrer 032
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.01.20
Excerpt: ...4:9-10.) May has diabetes and uses a rolling basket. While the plaintiffs were shopping at the back of the store, a “security guard” named “Marie” approached and accused Drake of stealing. The security guard frisked him without his consent and tried to make him stand up, which he could not do. He injured his foot attempting to comply. When May approached to find out what was going on, the security guard accused her of stealing and went th...
2022.01.13 Motion for Summary Judgment 198
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.01.13
Excerpt: ...appear to allow the proper discharge of water. The court is not persuaded that Buchanan v. Los Angeles County Flood Control Dist. (1976) 56 Cal.App.3d 757 controls here. The facts in that case are substantially different. Among other differences, there the Flood Control District artificially diverted water into a wash and allowed it to flow down it at 8 to 9 feet above grade. Here, the evidence suggests there was a “puddle” that the plaintiff...
2022.01.13 Demurrer 128
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.01.13
Excerpt: ...re no allegations that the School District's conduct was directed toward the plaintiffs, and thus no cause of action has been stated. Although such allegation is a general element, there is an exception to that rule when the defendant is aware of the danger but acts in reckless disregard of the plaintiff while knowing the probability that such conduct will cause the plaintiff severe emotional distress. Here, the allegations are that defendant Sch...
2022.01.13 Motion for Summary Judgment 777
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.01.13
Excerpt: ... a question of law for the court to resolve. This is a close case. Although the three cases cited by the parties provide guidance, they are not dispositive. For example, in Fire Insurance Exchange v. Hammond (2000) 83 Cal.App.4th 313 the lease agreement did not include provisions for fire insurance. Here, on the other hand, the lease provides that both the lessor and the lessee are required to obtain fire insurance. A review of Paragraphs 1.7, 3....
2022.01.13 Motion to Enforce Attorney Lien, to Amend Judgment 990
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.01.13
Excerpt: ... Douglas Ames, or, in the alternative, to prioritize the liens is GRANTED in part and DENIED in part. The motion to amend the judgment to add costs (but not attorney fees) is GRANTED. To the extent the motion may not have provided adequate notice, the defect was waived by Ames when he filed opposition thereto. To the extent Ames argues the proposed amendment conflicts with this court's prior rulings, he is incorrect. The court awarded costs and d...
2021.12.09 Motion to Compel Further Responses 370
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.12.09
Excerpt: ...he responses contained objections. • 8-20-2021 Attorney Fasel sent to opposing counsel a meet and confer letter. • 9-17-2021 Plaintiff served Amended Responses which contained objections or were not answered. • 10-5-2021 Attorney Fasel sent another meet and confer. • 10-12-2021 Plaintiff's counsel responded. At issue herein are the following: RPDS Nos. 14-16, 26-52; RFAs Nos. 1, 2, 4-6, 10, 31; Form Rogs Nos. 17.1 as it relates to RFAS 1,...
2021.12.09 Motion for Summary Judgment 098
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.12.09
Excerpt: ... had legitimate business reasons for the adverse employment action, and Plaintiff cannot show those reasons were pretextual. (Undisputed Material Fact Nos. 1-30.) In order to establish a prima facie case, Plaintiff must show that he was: (1) suffering from a disability; (2) otherwise qualified to do his job; and (3) subjected to an adverse employment action because of his disability. Arteaga v. Brink's, Inc., 163 Cal. App. 4th 327, 344- 45 (2008)...
2021.12.09 Motion for Judgment 699
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.12.09
Excerpt: ...4 Cal. App. 5th 1030(2d Dist. 2018)] Defendant's specific argument herein is that “where the only evidence is that the liquid or grape may have been on the floor for approximately 6 to 7 minutes or less, it must be held that it is insufficient to support an inference that the Defendants failed to exercise reasonable care.” See Motion page 17:17-20. In support of that argument, Defendant cites to Girvetz v. Boys' Market, Inc. (1949) 91 Cal.App...
2021.11.18 Demurrer 884
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.11.18
Excerpt: ...f a statute. It alleges the basic elements of negligence and therefore the demurrer is overruled. Second Cause of Action for Negligence Per Se The violation of a statute, regulation, or ordinance that establishes standards of appropriate conduct may constitute negligence per se if the violation was the cause of the plaintiff's harm. However, this cause of action fails to identify the statute, regulation, or ordinance that the defendants violate�...
2021.11.04 Motion for Judgment on the Pleadings 937
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.11.04
Excerpt: ...cause it cannot prove damages. The plaintiff cannot foreclose on the property to satisfy the monetary penalties/reimbursements imposed here under section 5725, subdivision (b), of the Davis-Stirling Act. This argument misses the mark. A statutory cause of action may be stated whenever a transfer is made by the debtor with the intent to hinder, delay, or defraud any creditor, and which causes the creditor actual harm. Here, the second cause of act...
2021.10.28 Motion to Enforce Order 867
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.10.28
Excerpt: ... their case. Simply by way of example, when counsel for the defendant finally paid the sanctions, it included on the receipt the case name as “Bonilla v. Balboa Inn, LLC, et al—fckyou.” Even so, as of the date the motion was filed the defendant had not complied with this court's prior order. Defense counsel offers numerous excuses as to why his office failed to comply; but generally, he pins the blame on others, including a former associate...
2021.10.28 Motion to Compel Further Responses, for Sanctions 370
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.10.28
Excerpt: ...on which a party bases its contention that it is not an unqualified admission. Defendant Sourced Energy denied the Requests for Admissions. Its interrogatory responses are not evasive, and they are code compliant. As for Form Interrogatory No. 12, the motion attempts to force the defendant to admit that the mere lack of a driver's license, and not some other negligence, was the “cause” of the accident when, in fact, it could just be that Rios...
2021.10.28 Motion to Compel Deposition 326
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.10.28
Excerpt: ...de section 68561 states that an interpreter in court proceedings (which includes oral depositions) must be certified by the California Judicial Council. Kartouche conceded on the record at the deposition in sworn testimony that he has not been so certified. That said, nothing here should be construed as a comment on Kartouche's general qualifications. It is apparent from the record that he is certified interpreter in federal court and has been al...
2021.10.28 Motion for Summary Judgment 713
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.10.28
Excerpt: ... merits. It believes that if given an opportunity, Dr. Lee can correct this oversight. (In the reply, the court is advised that a correction to the declaration will be filed prior to the hearing.) The court overrules the remaining evidentiary objections, as well. 1. Declaration of Dr. Lee The defendants met their initial burden as to standard of care and causation, and thus the burden shifted to the plaintiff. Dr. Lee declares that based on his b...
2021.10.28 Motion for Summary Adjudication 650
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.10.28
Excerpt: ...ecause the parties understood the operative complaint to be the amended complaint, the court will consider the motion for summary adjudication on the merits.) Background This is an employment law case. The third cause of action is for age-based discrimination; the fourth cause of action is for failure to prevent discrimination; the fifth cause of action is for wrongful termination in violation of public policy; and the sixth cause of action is fo...
2021.10.07 Demurrer, Motion to Strike 057
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.10.07
Excerpt: ...IED without prejudice. A motion for judgment on the pleadings is reviewed in the same manner as a demurrer. There is a liquidated damages clause in the agreement and thus each of the challenged counts states a cause of action. Moreover, the liquidated damages claim is only part of the damages sought, and thus the motion to strike impermissibly seeks to strike those causes of action that the motion impliedly admits are viable as to the other damag...
2021.09.23 Motion to Quash 815
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.09.23
Excerpt: ...t meet his burden of proof. At best, he “believes” this defendant has had other monetary or financial transactions within this state and has visited here several times since 2007. b. Personal Jurisdiction The plaintiff asserts the court has personal jurisdiction over this defendant because Singh loaned money to defendant Global, a California corporation. Singh has received money in repayment from checks written in California and any enforceme...

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