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2019.12.12 Motion for Summary Adjudication 192
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.12.12
Excerpt: ... would have standing to bring the motion as to the Cross-Complaint, but that is what the notice of motion says. The motion could probably be denied on this ground alone—i.e., the wrong parties (the “plaintiffs”) are bringing the motion. The Cross-Complaint is equally confusing. It lists only one cross-defendant; i.e., “Jaswinder Singh Grover as Trustee of the Grover Family Trust dated March 22, 2004.” He is listed that way in the captio...
2019.12.5 Motions to Tax Costs 403
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.12.5
Excerpt: ... to tax costs is GRANTED in part, striking a total of $14,689.43. The Court finds the total allowable costs are $2,157.74. The plaintiff does not oppose taxing item Nos. 2, 8, 11, 12, and 14. Thus, they are STRICKEN. As to item No. 1, the Court STRIKES $210 on the ground the plaintiff posted jury fees after the defendant's 998 offer had expired and allows only $435. As to item No. 4, deposition costs, the Court STRIKES $2,815.81 and allows only $...
2019.11.21 Demurrer 495
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.11.21
Excerpt: ... governmental agency denies a government tort claim the timely filing of anything other than the actual lawsuit renders the action time-barred. Orr is not helpful. In that case, the plaintiff filed a motion to preserve testimony and then, after the six months had run, filed the lawsuit. The appellate court reviewed the language of the statute and concluded that a motion to preserve testimony was not a “suit.” Here, on the other hand, the cros...
2019.11.21 Anti-SLAPP Motion 336
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.11.21
Excerpt: ...iffs; but the court consolidated them into one, so there is only one complaint) is based on two separate factual situations: The first and second causes of actions allege the plaintiffs were stalked and harassed by staffers of the Hertzberg campaign at the direction of the Hertzberg and Fukushima; and the third cause of action seeks damages because Fukushima filed a complaint against them with the FPPC and it was done with malice. The plaintiffs ...
2019.10.24 Motion for Summary Judgment 693
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.10.24
Excerpt: ...der the employer's liability provisions. Further, if he had alleged employee status, his claims would have been covered under Worker's Compensation laws, and thus would have been excluded under the policy. From this, the defendant concludes it had no duty to defend and thus no liability in this action. The plaintiff suggests there was extrinsic evidence of Remeyer's employment status available to the defendant at the time the prior lawsuit was fi...
2019.10.24 Discovery Motions 320
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.10.24
Excerpt: ...hey contain objections that have been waived, and they are not in substantial compliance with the Discovery Act, the Court “has no discretion and must grant the motions.” (Reply, 6:24-25; italics added.) The plaintiff cites Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390 for the proposition that the Court must hear the motions precisely because the responses are conclusory and not code-complian...
2019.10.17 Motion to Quash, to Dismiss 794
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.10.17
Excerpt: ...s not entered into freely and voluntarily with knowledge of the venue provision. In short, the defendant did not meet its burden. The defendant then suggests the Reseller Agreement does not apply because, it alleges, the goods were stolen by a former employee of the third-party buyer. That goes to the merits of the action, which is inconsistent with the specially-appearing stance position of the defendant. Further, theft by a third person, even i...
2019.10.17 Motion for Discovery Protective Orders 445
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.10.17
Excerpt: ...was timely served on the defendant. The opposition finally reached this Court the day before the hearing, and the Court issued a corrected tentative suggesting it intended to continue the hearing to allow the matter to be fully briefed. Counsel for the moving party did not show at the scheduled hearing. Thus, and with the concurrence of plaintiff's counsel who did appear, the Court took the matter under submission to review the late-filed opposit...
2019.10.10 Demurrer 553
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.10.10
Excerpt: ...t Cause of Action (§ 1983 Action) There is no cause of action against the University under 42 U.S.C. § 1983. The University is an arm of the State. (See Miklosy v. Regents of the Univ. of California (2008) 44 Cal.4th 876, 889-890.) An arm of the State is not a “person” under the statute and cannot be sued. (See, e.g., Will v. Michigan Dept. of State Police (1989) 491 U.S. 58, 66-67.) Third Cause of Action (FEHA Claim—Sex) The sexual-orien...
2019.10.3 Motion for Summary Judgment 744
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.10.3
Excerpt: ... were made within the scope of the function of the peer review body. This same argument was rejected by the Court of Appeal in Chundu v. Cork (Nov. 19, 2018), G055362, albeit in response to an anti-SLAPP motion. At that time, the Court of Appeal stated that Cork had not produced any evidence that her comments were made as part of an official peer review proceeding, in part because she denied there was a peer review investigation. (See ROA 238.) T...
2019.2.14 Motion for Summary Judgment, Adjudication 836
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.2.14
Excerpt: ...is evidence the harassment occurred on a “daily basis while [she] was at work.” (See Paragraph 7 of the Plaintiff's Declaration; Lyle v. Warner Bros. Television Productions (2006) 38 Cal.4th 264, 278-279.) The defendant relies heavily on evidence Plaintiff had pre- existing mental health issues. (See Separate Statement of Undisputed Facts Nos. 39-40.) However, evidence of pre- existing conditions does not establish, as a matter of law, a lack...
2019.1.31 Demurrer 154
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.1.31
Excerpt: ...aw, even if there is a suggestion the buyer did not act with due diligence in investigating the facts. (See Manderville v. PCG&S Group, Inc. (2007) 146 Cal.App.4th 1486, 1497-1499.) As to the fiduciary causes of action (the Fourth and Fifth), a broker has a duty to disclose items that affect the desirability of the property to the buyer. (See Holmes v. Summer (2010) 188 Cal.App.4th 1510, 1520.) As to the breach of the implied covenant cause of ac...
2018.8.2 Motion for Summary Judgment, Adjudication 538
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.8.2
Excerpt: ...e is evidence the plaintiff fell off the stairway and landed on the ground in an area below where a handrail should have been, a reasonable jury could find that the absence of a handrail was a proximate cause of the plaintiff's injuries. The defendant suggests there is no evidence that the plaintiff was either attempting to ascend or descend the stairway; in short, he was just standing there when he fell off the stairway. Even if the plaintiff ha...
2018.8.2 Motion for Determination of Good Faith Settlement 103
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.8.2
Excerpt: ... or portion thereof. To the extent such a request is even relevant here (see defendant Torriero's argument explaining why it is not), it is meritless because that part of the Rule is permissive, not mandatory. The failure of the defendant to list each party and pleading affected by the motion does not affect the merits of the motion. There is only the original complaint, and all of the other defendants (i.e., not Severson or Nunez) have been brou...
2018.7.26 Motion to Correct Judgment, to Amend Default Judgment Nunc Pro Tunc 652
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.7.26
Excerpt: ...mpany, LLC.” The plaintiff claims the caption is a clerical error. Having reviewed the Court's file, the Court finds this was a clerical error and defendants were not prejudiced by it. Amendment of Judgment—Individual Defendant's Name The motion of plaintiff Merchant Capital Source, LLC, to amend the Clerk's Default Judgment nunc pro tunc to reflect a different name for the individual defendant is DENIED without prejudice. The Complaint filed...
2018.7.26 Motion to Compel Arbitration 567
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.7.26
Excerpt: ...ovisions that were “to resolve all disputes that may arise out of the employment context.” The agreements appear to be effectively the same. The plaintiff claims these agreements are substantively and procedurally unconscionable. 1. Procedural Unconscionability The plaintiff argues that the arbitration agreement was forced on him; i.e., “take it or leave it.” The plaintiff does not submit a declaration to support that assertion. Even if i...
2018.7.26 Motion to Bifurcate 286
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.7.26
Excerpt: ... matters were first on calendar, it was clear that the parties had not met and conferred beforehand. The parties were ordered to meet and confer and to submit a “joint statement” as to the discovery issues that remained following the mandated meet and confer process. For reasons that are unclear, counsel did not jointly file a meet and confer statement as ordered. Rather, each submitted a “unilateral joint” statement—whatever that is—...
2018.7.26 Motion for Summary Judgment 592
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.7.26
Excerpt: ... objective test there is a triable issue of fact as to when the plaintiff discovered, or through reasonable diligence should have discovered, defendants committed dental malpractice. The plaintiff shall give notice. ...
2018.7.26 Motion for Judgment on the Pleadings 684
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.7.26
Excerpt: ...s could proceed because the motion does not appear to affect the Perero defendants in any meaningful way. It would appear the Case Management Conference will need to be continued to provide adequate notice. First, Second, and Third Causes of Action The motion of defendants Huntington Beach City School District, Greggory Haulk, Jeff Smith, and Darrenn Platt for judgment on the pleadings as to the First, Second, and Third Causes of Action is GRANTE...
2018.7.26 Motion for Attorney Fees 322
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.7.26
Excerpt: ...1/2 page form complaint, researching the law on restitution under the “Lemon Law,” and a “lengthy” telephone call with the client. Given her law firm is called “Lemon Law Associates of California” and she claims to have a large state-wide practice in this area, it would be fair to assume that she has a standard complaint where the only changes are to the name of the plaintiff and the county. Any research on restitution would be minima...
2018.7.26 Demurrer 354
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.7.26
Excerpt: ...r or a four-year statute of limitations period? Case Management Conference The defendants request a 4-day jury trial. The parties are ORDERED to post jury fees forthwith. Notice The defendants shall give notice. ...
2018.7.5 OSC Re Medical Records, Motion for Calendar Preference, Demurrer, Motion to Strike 804
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.7.5
Excerpt: ... Strike Code of Civil Procedure section 430.41, subdivision (a), requires the demurring party to meet and confer in person or by telephone with the party who filed the complaint before filing a demurrer. Counsel for the demurring party did neither. It merely sent a relatively short letter without substantial discussion or citation to authority indicating it did not believe the complaint stated a cause of action. The demurrer and motion to strike ...
2018.7.5 Motion to Enforce Settlement 452
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.7.5
Excerpt: ...udgment. ...
2018.7.5 Motion to Dismiss 292
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.7.5
Excerpt: ...ails to amend the pleading in a timely fashion. It says nothing about service. Defendant does not cite, and the Court is unaware of, any authority justifying the dismissal of an action where, as here, the pleading was timely amended even if not timely served. The defendant also relies on Code of Civil Procedure section 581, subdivision (m). But that section is a general statement of the Court's powers and does not provide a legal basis on which t...
2018.7.5 Demurrer 697
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.7.5
Excerpt: ...e. Paragraph 72 alleges, for example, that after the tenancy commenced the defendant hired a mold expert and failed to disclose that the property had tested positive for toxic and mold growth. The defendant shall file his answer within 10 days. Motion to Strike The defendant's motion to strike portion of the First Amended Complaint is DENIED. Case Management Conference It appears the case is ready to set for trial. The Court intends to set the ma...

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