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2023.10.26 Motion for Summary Judgment, Adjudication 839
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.10.26
Excerpt: ...n District. The first cause of achon is for racial discrimination. The second alleges retaliation. And the third complains that defendant failed to prevent the discrimination, harassment, and retaliation. On a moton for summary judgment and/or summary adjudication of issues brought by the employer in a case alleging employment discrimination, the court engages in a 3-step, burden-shifting process under McDonnell Douglas Corp. v. Green (1973) 411 ...
2023.10.26 Motion for Attorney Fees 790
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.10.26
Excerpt: ... entitled to attorney fees. The matter has since been reassigned to this department because Judge Marks has retired. It is this court's understanding that Judge Marks' retirement is official and that she will not be returning on assignment. Thus, this court may rule on the motion. The court has reviewed the minute order statement of decision, the judgment, and the papers filed by the parties in support of and in opposition. It is undisputed that ...
2023.10.05 Motion to Vacate Default, for Leave to File Complaint 894
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.10.05
Excerpt: ... filing an answer or a responsive pleading, Neil Nam Hoang, doing business as aest Home Construction and Repair, filed a Case Management Conference Statement on November 2, 2021. (ROA 39.) On March 9, 2022, the plaintiff and the court attempted to determine who was the proper defendant. It was suggested that Neil Nam Hoang was not a party, and that the named defendant, Best Home Construction and Repair, was a non-existent entity and that is why i...
2023.10.05 Motion for Summary Judgment, Adjudication 040
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.10.05
Excerpt: ...dules. That resulted in an over-reporting of plaintiff's income, causing him to pay more taxes than he owed. He also alleges the defendant intentionally concealed the error. When the California Franchise Tax Board made numerous audit inquiries, apparently to determine whether all California income was properly reported on the California returns rather than the returns of other states, defendant hid key documents that would have disclosed defendan...
2023.10.05 Motion for Reconsideration 633
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.10.05
Excerpt: ...Hoang alleges that the homeowner's association foreclosed on and then sold his condominium unit in a nonjudicial sale. It was sold, according to the association, for Hoang's failure to pay certain assessments. Defendants were the successful bidders and purchasers of the unit at the foreclosure sale. Hoang suggests that during this time he was overseas, and when he returned, he was unaware of the redemption period. This is an old case. Hoang filed...
2023.09.28 Motion to Dismiss 685
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.28
Excerpt: ...Thomas Marantz as the named defendant and Doe defendants. (ROA 7.) The gist of these allegations was that Thomas Marantz was the driver of the other vehicle that caused plaintiff's injuries. Thomas Marantz filed an answer to the complaint (perhaps unaware of the first amended complaint on file?) on May 11, 2022. (ROA 36.) Nowhere in his answer does he indicate he was not the driver. Indeed, his last affrmative defense—imminent peril—suggests ...
2023.09.28 Motion to Continue Trial 685
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.28
Excerpt: ...sted in Rule 3.1332(c) of the California Rules of Court. Here, no good cause has been shown. The complaint was filed February 9, 2022, for an accident that allegedly occurred on March 3, 2021. (ROA 2.) According to the complaint, plaintiff was walking along the sidewalk in a residential street when a branch from a tree that was being trimmed fell on her head. Defendant Douglas Landscape, Inc., filed its answer on April 21, 2022. (ROA 40.) Defenda...
2023.09.28 Motion to Compel Mental Exam 010
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.28
Excerpt: ...n issue by alleging in the complaint that he suffers and continues to suffer embarrassment, emotional distress, and mental anguish. He also seeks damages for "pain and suffering, and emotional distress." These allegations seek damages for what is more than garden-variety emotional distress. He makes the same requests in his responses to basic discovery requests. Courts generally do not issue orders compelling a mental examinaton of a party unless...
2023.09.28 Motion for Summary Judgment, Adjudication 905
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.28
Excerpt: ...re are no detectable warnings" as required under the Uniform Building Code. He alleged "the lack of an accessible path of travel (i.e., accessible route) at the Property is a violation of the Americans with Disabilities Act [l and therefore per se violation of the Unruh Civil Rights Act." (Italics in original.) Plaintiff has failed to meet his initial burden of proof and thus the motion must be denied. First, plaintiff does not establish that he ...
2023.09.28 Motion for Protective Order 694
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.28
Excerpt: ...t objection or a request for a protective order, and were used within the litigation and settlement process. The court has been advised that the matter has now "settled" but the parties are unable to consummate the settlement because the plaintiff is demanding that his medical records in the possession of defendant and defendant's counsel be destroyed. Defense counsel apparently refuses to agree to execute a protective order for various reasons, ...
2023.09.28 Motion for Attorney Fees 041
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.28
Excerpt: ...everly Consumer Warranty Act [l, are subject to abuse. Because Plaintiffs may recover their attorney fees from Defendant, Plaintiffs' attorneys have no incentive to keep their fees and costs to a reasonable minimum, or to exercise any judgment or restraint in the number of hours they bill. Despite the absence of any evidence that this case was in any way unusual, Plaintiffs claim they are entitled to $58,134.37 in fees, costs and expenses in a ro...
2023.09.21 Motion for Leave to File FACC 161
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.21
Excerpt: ...District denied plaintiff's government tort claim and was served with the complaint on April 9, 2021. District first appeared in the acton on June 7, 2021, when it filed a demurrer and motion to strike to the plaintiff's complaint. It was represented by attorneys Linda Bauermeister and Robert Kostrenich of the Law Offices of Barber and Bauermeister. In response, plaintiff filed a first amended complaint on July 23, 2021. District's demurrer to th...
2023.09.21 Motion for Summary Judgment 965
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.21
Excerpt: ...tions" against plaintiff Newport Investment Group, LLC. This motion, set for hearing on October 5, 2023, also asks that the plaintiff "be prohibited from introducing into evidence, whether at trial or in opposition to summary judgment, any facts, documents or other responsive materials omitted from its untimely and non-compliant response" to this court's prior discovery orders. (Emphasis added.) Meanwhile, trial in this matter has been continued ...
2023.09.21 Motion for Summary Judgment 062
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.21
Excerpt: ...es. She continues to suffer residual pain. The moton asserts summary judgment is appropriate because plaintiffs cannot establish, as a matter of law, that Podolsky breached the applicable standard of care. In addition, plaintiff cannot establish that any negligent act or omission by Podolsky caused or contributed to plaintiff's injuries. Podolsky filed the declaration of Dr. Ronald Kvitne who opined, after reviewing all the records, that "the car...
2023.09.21 Motion for Summary Judgment, Adjudication 067
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.21
Excerpt: ...e records as her son's business address. She further concedes she helped her son by volunteering at least 15 hours of her time to pick up animals for cremation for her son's benefit. Whether this defendant was just helping her son as a good mother does or was more intimately involved in the starting and conducting of the business is a material issue of fact for a jury to decide. The court notes both sides have suggested that the court could contn...
2023.09.14 Motion for Summary Judgment 522
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.14
Excerpt: ...complaint. At the last hearing, plaintff again asked for time to hire an attorney to represent her and to dismiss the matter. The court granted the continuance. But despite this leniency, plaintiff has failed to secure legal counsel and has failed to file any opposition to the motion for summary judgment. At the request of the plaintiff, the entire matter will be DISMISSED with prejudice as to all defendants. Thus, the defendant's motion for summ...
2023.09.14 Demurrer to SAC 767
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.14
Excerpt: ...Under the law a family daycare center is considered a "residential" use and the landlord's consent for such use is not needed as a matter of law. But then the plaintiffs alleged that the lessor refused to give its written consent for the state operational permit for a "small daycare center," which is for businesses of six to eight children. The plaintiffs asserted that the lessor could not refuse to give consent under the aw, and of its refusal t...
2023.09.07 Motions for Summary Judgment, Adjudication 337
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.07
Excerpt: ...judgment is denied but each cause will be addressed under the moton for summary adjudication of issues. Analysis of the motion was made particularly difficult because the plaintiff filed opposition including a separate statement of undisputed facts that was procedurally deficient. Defendants moved to strike that document (see below), and plaintiff responded by attempting to file an amended separate statement that, unfortunately, is also procedura...
2023.09.07 Motion to Tax Costs 887
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.07
Excerpt: ...a's vehicle. Moreno was dismissed (ROA 2W); apparently because he filed for bankruptcy. (See Clerk's Rejection Notice [Duument Filed listed as "Notice of Dismissal—Bankruptcy"], ROA 196.) He also settled for $5,500 and signed a Release of All Claims on June 15, 2023. Defendant Megan Garcia was the driver of the vehicle that hit Garcia's vehicle. Although Brian Lokken was a named defendant, he was dismissed without prejudice on June 14, 2023, on...
2023.08.31 Motion for Summary Judgment, Adjudication 839
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.08.31
Excerpt: ..., Cal. Practice Guide: Civil Procedure Before Trial (2022) ¶6:795, p. 6-207.) Rather, it adds new allegations which occurred after the original pleading was filed. (Foster v. Sexton (2021) 61 Cal.App.5th 998, 1032.) Here are the critical pleadings: 1. On August 25, 2021, the plaintiff filed a complaint alleging five causes of action arising out of his employment with the District. Named as defendants were District and employee Richard Kwiecien; ...
2023.08.31 Motion for Summary Judgment, Adjudication 518
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.08.31
Excerpt: ... accurate itemized wage statements, failure to pay all wages due on separation, unfair business practices, and intentional infliction of emotional distress. A jury trial in this matter is scheduled for November 13, 2023. Summary Judgment Plaintiff alleges he was an employee; defendants assert he was an independent contractor. In Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903, our Supreme Court held that a worker is presumed ...
2023.08.24 Motions for Protective Orders 971
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.08.24
Excerpt: ... party seeks a protective order on the ground the number of requests is unwarranted, the burden is on the propounding party to justify the number of requests for specific discovery. (Code Civ. Proc., § 2020.090, subd. (b), and § 2033.040, subd. (b).) The plaintiff has filed to meet its burden as to the Form Interrogatories, the Requests for Admission, and the Special Interrogatories. The motion for a protective order as to those discovery reque...
2023.08.17 Demurrer to FAC 989
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.08.17
Excerpt: ...iduciary duty because the alleged breaches of fiduciary duty are little more than allegations of breach of contract. Plaintiff alleges Aviation Consultants stopped making cash distributions while it continued to allocate profits to him, and this was done so as to pressure plaintiff (and other minority shareholders) to sell their shares. Plaintiff alleges he was damaged because he incurred tax liability without having the corresponding cash distri...
2023.08.17 Demurrer 598
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.08.17
Excerpt: ...is insufficient because defendants did not enter into any agreement with plaintiff contractor. The contract identifies the client as the address “@Odyssey VR.” It was signed by “Lei Zhao,” and even though it does not identify his capacity, the amended complaint alleges that he was “Defendants' Chief Operating Officer at the time of execution.” A check for the initial payment was also cut by Irvine Management Company “to the order of...
2023.08.10 Motions to Compel Further Responses 812
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.08.10
Excerpt: ...ject files, but only selected portions related to this case. Defendant complains that the plaintiff is seeking everything and something less would be appropriate. The parties are ORDERED to meet and confer meaningfully about these discovery requests. Defendant seeks to compel further responses to Special Interrogatories Nos. 127-132. They seek information about plaintiff's finances because of her claims of emotional distress based, in part, on he...

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