Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

421 Results

Clear Search Parameters x
Location: Orange County x
Judge: Salter, Glenn R x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 359)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 125,25
Array
(
)
2023.04.27 Motion for Summary Adjudication 310
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.04.27
Excerpt: ...gaged in the interactive process, which is why there were, among other things, eleven leaves of absences. Whether the employer's engagement with the employee was "reasonable" is a triable issue of material fact. The court notes Disney appears to concede that there were no "actual conversations" between a Case Advocate and the plaintiff, but it argues that there is no requirement that there be direct communications with the employee under the Cali...
2023.04.20 Motion to Continue Jury Trial 161
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.04.20
Excerpt: ...laintiff's parents, occurred December 8, 2020. Grace Coleman suffered a conviction for felony vehicular manslaughter as a result of the accident and is now serving a lengthy term in state prison. She pled guilty on June 24, 2022. The court has been informed that the parties went to private mediation on August 29, 2022. It was unsuccessful. On September 22, 2022, the court set a 7-10 day jury trial for June 12, 2023. Grace Coleman's deposition was...
2023.04.20 Motion for Summary Judgment 839
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.04.20
Excerpt: ...y, the helicopters located in Alabama were therefore not covered and there was no breach of contract by Hartford. To the extent plaintiff appears to try to pin Aon's alleged negligence on Hartford, the rule is clear: “Unlike an agent, a broker does not act for the insurer, and the insurer is not liable for the broker's acts or omissions.” (Krumme v. Mercury Ins. Co. (2004) 123 Cal.App.4th 924, 929.) Summary Judgment—Aon Risk Defendant Aon R...
2023.04.13 Motion to Strike 519
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.04.13
Excerpt: ...mplaints (internal and external, such as to the United States Securities and Exchange Commission) about alleged wrongful conduct of the cross-complainants. The cross-complaint alleges in essence that the plaintiffs and cross-defendants were terminated because they engaged in various wrongful conduct, such as taking of pages and pages of confidential and proprietary files, including customer information and proprietary financial information. The c...
2023.04.13 Motion for Summary Judgment, Adjudication 095
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.04.13
Excerpt: ...llowed Payne's financial advice. However, defendants failed to account for the money he invested or to return it in breach of the agreement. Other causes of action were alleged. But the thrust of the complaint was that plaintiff and defendants had an agreement. Defendants filed an answer denying all allegations. The motion for summary judgment claimed defendants had no duty to the plaintiff. They asserted that plaintiff had been the victim of a f...
2023.04.06 Motion to Compel Arbitration 267
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.04.06
Excerpt: ...compel arbitration is based on the sales agreement signed by the plaintiffs when they purchased the vehicle from a dealership in Tustin. That sales agreement contains a common arbitration provision. It is undisputed that neither Nissan North America nor the Nissan dealer that performed the repairs were signatories to the sales agreement. One California case, Felisi/da v. FCA US, LLC (2020) 53 Cal.App.5th 486, has held that a non-signatory, third-...
2023.04.06 Motion for Attorney Fees 747
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.04.06
Excerpt: ...e of Georgia, due to the Covid-lg pandemic. Georgia declared that business of plastic surgery was non- essential. The defendant argued—and proved—it could not make the monthly payments because it did not have any business income due to being closed. Moreover, the defendant was clear that it was prepared, and able, to continue making monthly payments once Georgia let it reopen. The court rendered judgment for the defendant. In its minute order...
2023.04.06 Demurrer 011
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.04.06
Excerpt: ...strike the Complaint is GRANTED in part and DENIED in part. The motion to strike the prayer for punitive damages is GRANTED. The plaintiff has not alleged sufficient facts to support the conclusory allegations that Seki's conduct was malicious, fraudulent, or oppressive within the meaning of Civil Code section 3294. The motion to strike is otherwise DENIED. The court does not find that any of the other challenged portions of the Complaint to be i...
2023.03.30 Motion for Attorney Fees 560
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.03.30
Excerpt: ... of attorney fees. The prevailing party in a Lemon Law case such as this one is entitled to an award of attorney fees "based on actual time expended, determined by the court to have been reasonably incurred by the buyer in connection with the commencement and prosecution of such action." (Civ. Code, S 1794, subd. The court finds as a matter of law that plaintiff was the prevailing party. The fact that the vehicle was purchased "used," and there i...
2023.03.23 Motion to Compel Arbitration 940
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.03.23
Excerpt: ...LC (2020) 53 Cal.App.5th 486. There, the appellate court found the arbitration provision was enforceable by the non-signatory manufacturer. Federal cases such as Ngo v. BMW (9th Cir. 2022) 23 F.4th 942 have found the reasoning in Felisilda unpersuasive. As this court has noted before in various other Lemon Law cases, if it were writing on a clean slate, it would deny the motion because it believes the federal cases are far better reasoned, and ri...
2023.03.23 Motion for Summary Adjudicaton 243
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.03.23
Excerpt: ...g tolled the statute of limitations for civil causes of action 180 days from April 6, 2020, until October 1, 2020. Thus, the statute of limitations did not expire in January 2021 as defendant asserts but would have expired six months later. The filing of the complaint on March g, 2021, was thus not time- barred. The defendant seeks summary adjudication as to the breach of contract claim in the First Cause of Action involving the Palmdale Project....
2023.03.16 Motion for Summary Judgment 310
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.03.16
Excerpt: ...ney Parks and Resorts U.S., Inc. In Futrell v. Payday California, Inc., (2010) 190 Cal.App.4th 1419, the Court of Appeal held: "The task of preparing payroll, whether done by an internal division or department of an employer, or by an outside vendor of an employer, does not make Payday an employer for purposes of liability for wages under the Labor Code wage statutes. The preparation of payroll is largely a ministerial task, albeit a complex task...
2023.03.09 Motions to Compel Arbitration 885
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.03.09
Excerpt: ...iled non-opposition to both motions. The Request for an Evidentiary Hearing Defendants MemorialCare Medical Foundation, MemorialCare Surgical Center at Orange Coast, LLC, and Beach Surgical Holdings, LLC, filed a request to hold an evidentiary hearing as permitted under Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394. Defendant MemorialCare Medical Group also seeks an evidentiary hearing, but it is not a party to eithe...
2023.03.02 Motion to Continue Trial 627
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.03.02
Excerpt: ...r was filed July 19, 2022, denying the allegations in the complaint and asserting various affirmative defenses. The parties filed Case Management Conference Statements in mid-September 2022, and on September 26, 2022, the court issued a Case Management Order that scheduled trial in this matter for March 13, 2023. At the defendant's request, this was set as a one-day jury trial. (No jury fees have been posted by either side, and the court intends ...
2023.02.23 Motion for Reconsideration 873
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.02.23
Excerpt: ...e parties vacated. Irving now asks the court to reconsider that order primarily on the ground it has new evidence. The motion is DENIED for the reasons given below. The Motion is Deemed Timely The court deems the motion for reconsideration, brought pursuant to Code of Civil Procedure section 1008, timely under the peculiar facts of this case. Section 1008 states that a motion for reconsideration must be filed within 10 days of the Notice of Rulin...
2023.02.23 Discovery Motions 011
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.02.23
Excerpt: ...by the defendant. Thus, the court concludes that the better course is deny the current motions as moot and address any perceived deficiencies via new motions to compel further responses. Accordingly, the motions are DENIED as MOOT. Sanctions The plaintiff has requested sanctions of $5,900 against the defendant and her attorney. This request is beyond the pale. These were two very simple discovery motions to compel responses to two sets of discove...
2023.02.16 Motion for Leave to File Amended Complaint 216
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.02.16
Excerpt: ...with Larschan, Jr., as Successor Trustee. The lease was first entered into in 2011. The plaintiffs' claims for mold and water intrusion began in 2016, before the death of Larschan, Sr. It is alleged that they have continued through 2021 during the tenure of Larschan, Jr., as the Successor Trustee. Four attempts were made to state a cause of action against Phillip Larschan, Jr., in his individual capacity. (Claims against him solely in his represe...
2023.02.09 Motion to Compel Arbitration 877
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.02.09
Excerpt: ...attached to the petition as Exhibit “A”) indicates who the “Company” is. The parties agree, however, that the employment application was for a position with Crevier BMW at the Auto Mall in Santa Ana. Attached to the Employment Application was an “Applicant Statement and Agreement” which the plaintiff had to execute. In the text of the “Statement and Agreement” was an arbitration provision. By its express terms, this “agreement�...
2023.02.09 Demurrer 217
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.02.09
Excerpt: ...llow statutory protocols. However, the court has decided this time to address the demurrer on the merits. Plaintiff's counsel is warned that continued failure to comply with the meet and confer requirements of the law may result in the imposition of sanctions against counsel. 2. Proofs of Service The defendants failed to attach proofs of service of the demurrer and the reply. Because the plaintiff filed opposition, it appears he received the demu...
2023.02.02 Demurrer to FACC 929
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.02.02
Excerpt: ...erts that the mother has a gambling addiction, and the property transfers were an effort to avoid creditors. The son brings his cross-complaint primarily as a derivative action on behalf of the family corporation against his parents. He owns 30 percent of the corporation, and the parents own a combined 70 percent. It is alleged that the impetus for this action is that the transfer of one property apparently triggered a due-on-sale clause from the...
2023.02.02 Demurrer 706
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.02.02
Excerpt: ...ntanyl was given to the decedent and his ultimate death. Statute of Limitations The defendant first argues the survival cause of action is time-barred by Code of Civil Procedure sections 335.1 and 366.1. A review of the original Complaint shows the action was brought (in part) on behalf of the Estate, and that it pled a survival cause of action. The defendant concedes that as of the filing of the Complaint the statute of limitations had not yet e...
2023.01.26 Motion to Compel IME 197
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.01.26
Excerpt: ... for a medical examination is made “over objection.” (Query if such a separate statement is required where the objection is—as here—untimely?) The defendant's objection was untimely and therefore the defendant waived any objection to the demand. (Code Civ. Proc., § 2032.240, subd. (a).) Any objection must be served within 20 days of service of the demand. Here, the demand was served November 11, 2022 (with an examination date of December...
2023.01.26 Motion for Summary Judgment, Adjudication 674
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.01.26
Excerpt: ...ion is otherwise sufficient to meet defendant's initial burden that defendant did not violate the standard of care. Given the initial burden was met, and there is no opposition, the motion must be granted. The court is aware that this is the second motion for summary judgment brought by this defendant. The first one was withdrawn after opposition (including a declaration from plaintiff's expert, Dr. Gregory Hammer) was filed. Although the motion ...
2023.01.26 Motion for Attorney Fees 968
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.01.26
Excerpt: ...ur. Robert I. Cohen, with 30 years of practice and a focus on business litigation, bills at $430 per hour. The defendant argues that these hourly rates are inflated and should be adjusted downward to $350 per hour. But she fails to provide any evidence as to the prevailing rate in Orange County in support of her request for a downward modification. The court finds the rates charged reasonable within the local Orange County legal community for the...
2023.01.26 Demurrer 727
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.01.26
Excerpt: ... computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data,” as well as “[k]nowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external...

421 Results

Per page

Pages