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2021.09.16 Motion for Summary Adjudication 149
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.09.16
Excerpt: ...dants may have had in the property was extinguished by payment in full of the underlying debt. This motion was originally calendared for August 12, 2021, but the court questioned whether a quiet title action could be determined on a summary judgment motion given that a quiet title action could not be determined on default by way of a 585 packet; a hearing was required. (ROA 707.) The parties were given the opportunity to file additional points an...
2021.09.09 Demurrer 096
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.09.09
Excerpt: ...m they have the right to use Lot A as an access road to Stonehaven Drive, and that the city is frustrating that purpose. The plaintiffs claim that Lot A was never dedicated as open space but was set aside to prohibit the construction of residences on it. The city claims that Lot A was dedicated (and accepted) as open space and that an access road would be inconsistent with the 1987 approvals. The plaintiffs also claim they have an easement over i...
2021.09.09 Motion for Summary Adjudication 747
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.09.09
Excerpt: ...ny California (or Georgia) cases that have so held. (The reference to Georgia is based on the court's understanding that the business is located in Georgia.) Because this is a motion for summary adjudication of issues, the court's role is limited to determining if there is a triable issue of material fact. Impossibility of performance is a legal excuse, and a valid defense, to a cause of action for breach of contract if there are facts to support...
2021.08.26 Motion for Summary Judgment, Adjudication 116
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.08.26
Excerpt: ...y incorporates the first 42 facts and evidence in support. Therefore, instead of analyzing each of the 18 issues, the court treats each cause of action as an issue for adjudication. First Cause of Action—Medical Leave Discrimination The plaintiff concedes this cause of action has no merit, and thus the motion is GRANTED. Second Cause of Action—Medical Leave Retaliation The plaintiff claims he was retaliated against for exercising his right to...
2021.08.26 Motion for Summary Judgment 198
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.08.26
Excerpt: ...nknown what other water source there could be for that drain. There is also a factual dispute as to whether there are other contributing water sources, such as the many residences along the street upstream from where the plaintiff slipped and fell. But neither of these factual disputes appear material to whether the release of water into the street drainage system created a dangerous condition as to the plaintiff. For example: Is there any eviden...
2021.08.19 Motion to Continue Trial 900
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.08.19
Excerpt: ...ourt Delay Reduction Act, the parties should consider this trial date certain and firm. Discovery Requests The plaintiff requests a six-month continuance of all discovery matters. The plaintiff submitted to the court a letter from his physician dated February 9, 2021 (see ROA 156) wherein she states that the plaintiff, who is self-represented, “is suffering from multiple health problems at this time. He needs an accomodation [sic] to delay any ...
2021.08.19 Motion for Summary Judgment 924
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.08.19
Excerpt: ... are not referenced in the supporting evidence, and in Nos. 19-21, 27-28, and 31, simply refer to the “Dabcevic Dec.” without identifying which portion of the declaration is relied on. b. Objections Oh's objections to the declaration of Matthew Bauer (Nos. 1-7) are not material to the disposition of the motion. Thus, the court declines to rule on them. Oh's objections to the declaration of Christina Cigliano (Nos. 8-13) are OVERRULED. Oh's ob...
2021.08.12 Motion to Compel Mental Evaluation 699
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.08.12
Excerpt: ...go, depression and insomnia, and other relevant neuropsychiatric symptoms.” (Mot., 2:17-18.) The curriculum vitaes of Dr. Rosenberg and the psychologist, Dr. Filoteo, which are attached to the motion, indicate that Dr. Rosenberg is a neuropsychiatrist and that Dr. Filoteo is a neuropsychologist. In his opposition, the plaintiff objects—in part—to the motion to compel on the ground that he is not claiming any psychiatric (nor any unusual psy...
2021.08.12 Motion for Summary Judgment 385
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.08.12
Excerpt: ...us they had not been placed on notice. The plaintiff put in evidence the fact that there had been several car break-ins in the complex parking area, there had been a domestic violence incident between residents in the same unit, and one resident (with a known mental illness) had threatened other residents, including pointing a firearm at another resident. He also suggested this area of the city was dangerous; other residential complexes had put i...
2021.08.12 Demurrer, Motion to Strike 859
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.08.12
Excerpt: ...m of constructive termination.) Whether he was actually terminated is a question of fact that cannot be determined on demurrer—unless it is clear from the allegations made that, as a matter of law, he was never terminated. Here, when the allegations of the amended complaint are read as a whole they are sufficient to state a cause of action. Motion to Strike The motion of the defendant to strike portions of the first amended complaint is GRANTED...
2021.08.05 Motions to Compel Depositions, for Sanctions 404
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.08.05
Excerpt: ...ady agreed on a date and time (pursuant to the minute order of July 22, 2021, the parties agreed to take Vich's continued deposition on August 11, 2021), these depositions shall be set within 20 days. The deponents do not challenge the right of the cross-complainants to take their continued depositions. They only complain that the new deposition dates had not been mutually agreed upon. The court finds that sanctions would not be in the interest o...
2021.08.05 Motion to Compel Further Responses 821
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.08.05
Excerpt: ...joint statement was filed. But as pointed out by the plaintiff's counsel, and as acceded to by the counsel for the Wurzburg defendants, there were several mistakes in it caused by the Wurzbergs' counsel. The court has reviewed the declarations submitted by counsel. The court accepts the representations of counsel that these mistakes were inadvertent only, and she apologizes for them. The court concludes that no further action on its part is neces...
2021.07.29 Motion for Attorney Fees 451
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.07.29
Excerpt: ...s void].) Arguments made by the defendants and their counsel to undermine the holding in Moore are frivolous. The motion for attorney fees and costs against attorney Randy Vogel is DENIED. In his opposition to the attorney fees request against the plaintiff, Vogel suggests that the request for attorney fees against him is sanctionable conduct. However, Vogel is represented by counsel who did not make a request for an award of sanctions in Vogel's...
2021.07.29 Motion to Expunge Lis Pendens 795
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.07.29
Excerpt: ... plaintiff asserts a claim for fraudulent transfer. Such a claim is a real property claim for the purposes of a motion to expunge a lis pendens. (Kirkeby v. Superior Court (2004) 33 Cal.4th 642, 648-649.) 2. Probable Validity of Claim The court finds that the plaintiff established the probable validity of her claim for fraudulent transfer by the preponderance of the evidence. She presented sufficient evidence to support an inference of fraudulent...
2021.07.29 Motion for Summary Judgment 553
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.07.29
Excerpt: ...ecause of his race and sex, that he was dismissed from his job because he disclosed and complained about unlawful activities within the Program, and that he was not afforded the full complement of due process rights and protections due to him. In his second amended complaint, he alleges six causes of action (listed by their cause of action numbers in the amended complaint; the first cause of action was dismissed by court order): 2. Discrimination...
2021.07.15 Demurrer 794
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.07.15
Excerpt: ... matter to allow the parties to comply, having reviewed the merits of the demurrer and being fully familiar with the facts of the case, the better course is to hear the matter. 2. The opposition papers exceed the page limitation prescribed in California Rules of Court, rule 3.1113(d). Although the court could simply refuse to consider the opposition because of its excessive length (Cal. Rules of Court, rule 3.1300(d); see Weil & Brown, Cal. Prac....
2021.07.08 Motion to Seal 258
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.07.08
Excerpt: ...the public policy states that the parties “and their attorneys must not include, or must redact” those identifiers and other private information “from all pleadings and other papers filed in the court's public file [] unless otherwise provided by law or ordered by the court.” The defendant's filings included personal identifying information the plaintiff states are not otherwise available on the Internet. A review of the offending documen...
2021.06.24 Motion for Summary Judgment, Adjudication 639
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.06.24
Excerpt: ...art of her duties she was required to clean the bathroom where the incident took place. 3. The day before the incident, plaintiff entered the bathroom and there was a “locker” on the wall. She did not clean the bathroom that day. (At her deposition, she spoke Spanish and described it instead as “boxes.” However, her counsel, who speaks Spanish, said she meant to say “lockers,” and this was confirmed when she was asked by defense couns...
2021.06.17 Motion for Summary Judgment 381
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.06.17
Excerpt: ...ars of the incident. (See Code Civ. Proc., § 335.1 [statute of limitations for personal injury action is 2 years].) Defendant plead as an affirmative defense that the action was barred by a 1-year limitations period contractually agreed to at the time the residential lease was signed by plaintiff. Initially, the court notes the lease provision may be misleading. For example, the lease agreement does not state that the statutory limitations perio...
2021.06.17 Motion for Summary Judgment 057
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.06.17
Excerpt: ... “to contest the wrongful judgment.” But the only extant document in the file is the clerk's rejection. (RAO 190.) Fan made several other requests to bring her claims as to the alleged wrongfulness of the judgment to the court's attention, but they were all rejected by the clerk's office for noncompliance with the Rules of Court. On March 26, 2021, Fan filed a motion to vacate what she termed a “wrongful” judgment. (ROA 205.) Apparently, ...
2021.06.10 Motion for Summary Judgment 307
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.06.10
Excerpt: ...he corporation. The form complaint alleges one cause of action for breach of contract against both the corporation (as signer on the agreement) and the individual defendants, as guarantors of it. (See BC-1(a) “written agreement was made between Plaintiff and MRP Creations, Inc., and was guaranteed by Stephen F. Frost, Tracey J. Frost”].) Attached to the complaint as exhibits are copies of the SBA Agreement and the guarantees. However, the fir...
2021.02.11 Motion for Summary Adjudication, for Summary Judgment, Adjudication 495
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.02.11
Excerpt: ....” She was simply the Good Samaritan who found the plaintiff minor (a “Lower”) drowning and saved her. The plaintiff speculates that because Jimenez was substantially older than the other HSC counsellors at the public pool that day, and because someone made the decision to allow the “Lowers” to swim in the main pool as the kiddie pool was closed, it was most likely her. But speculation is not a basis on which to find a triable issue of ...
2021.02.11 Motion for Further PMK Deposition, for Summary Judgment 659
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.02.11
Excerpt: ....) However, the motion was not filed until January 13, 2021. The 60-day deadline is mandatory. (Weinstein v. Blumberg (2018) 25 Cal.App.5th 316, 320- 321.) Failure to file a timely motion forecloses any further relief. Further, the plaintiff failed to engage in a meaningful meet and confer as outlined in defendant's opposition, and on that ground the motion could also be denied. Merits Even if the motion had been timely and could be heard on the ...
2021.02.04 Demurrer 084
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.02.04
Excerpt: ...t rents, if any, would be owed if a separate lease agreement for additional rooftop space to meet FCC regulations was signed by Verizon. But there are also allegations Landmark is threatening the plaintiff with litigation and claims for monetary damages if as a result of its claims Verizon fails to renew its lease. It is further alleged that if Verizon does not renew the lease Landmark will locate another tenant to conduct the same operations wit...
2021.01.14 Demurrer 344
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.01.14
Excerpt: ...kanska that would give rise to a duty of disclosure on Skanska's part. Thus, no cause of action has been stated here. (See Limandri v. Judkins (1997) 52 Cal.App.4th 326, 336-337.) According to the amended cross-complaint, SANDAG as the owner transacted with HDR directly for the engineering services on the project. SANDAG also contracted with Skanska to act as the contractor. However, there was no contract between Skanska and HDR. Moreover, SANDAG...
2021.01.14 Motion for Summary Judgment 659
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.01.14
Excerpt: ...t North Hills requested the City of Brea to enforce the speed limit within the association or that plans were made to request speed limit signs or stop signs be placed along Berry Street is not evidence that North Hills had actual knowledge of a dangerous condition. The plaintiff's evidentiary objections set forth in their response to the separate statement are OVERRULED. The separate statement is not evidence. Any evidentiary objections must com...
2021.01.14 Motion to Compel Further Responses 878
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2021.01.14
Excerpt: ...�� is incomplete. The contention that the plaintiff abandoned his job may be included within the definition of the term “termination.” As for Form Interrogatory No. 208.2, Don Jefe's response does not respond to the initial question. It asserts the defendant responded on September 11, 2020 as “Unknown and this information is equally and more readily available” to the plaintiff in response to Form Interrogatory No. 208.1 and appears to rel...
2020.12.17 Motion for Attorney Fees 311
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.12.17
Excerpt: ...easonably incurred by the buyer in connection with the commencement and prosecution of such action.” The court reviewed each entry of the plaintiff's billing statement and, except for the final entry that claims 6.5 hours for review and preparation of a reply, time to appear at the hearing on the motion, and time to collect the fees and costs award, finds the time listed was actually expended and reasonably incurred. The final entry is reduced ...
2020.08.20 Motion for New Trial 858
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.08.20
Excerpt: ...lem festered until the eve of trial when the case was assigned to Judge Glenda Sanders. First-chair defense counsel stated that he had never seen the notes, only his associate had. It was further represented that the associate attorney, Mr. James Irey, honestly believed that the notes were the work product of first-chair defense counsel, Harry Safarian. The parties eventually entered into the following stipulation before Judge Sanders: Attorney J...
2020.08.06 Motion to Disqualify Attorney 841
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.08.06
Excerpt: ... Dahle to assist them in determining the viability of their business venture and to become a long-term partner. On August 1, 2016, Dahle presented Miano and McNary with a “Consulting and Advisory Services Agreement.” In addition to becoming the team leader in development of the business opportunities, he agreed to perform: 1. “Legal”—Item 3(h) 2. “Providing general legal, financial, and investment banking consultation services”— I...
2020.08.06 Anti-SLAPP Motion 705
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.08.06
Excerpt: ... E. Robinson), and her former spouse's mother (Patricia Strang) for fraud, breach of fiduciary, and other causes of action that she alleges resulted in an unequal division of community property in the dissolution proceeding. a. Defendant's Request for Judicial Notice Defendant Robinson filed a request for judicial notice in conjunction with the anti-SLAPP motion. The request to take judicial notice is GRANTED. b. Plaintiff's Requests for Judicial...
2020.07.30 Motion to Tax Costs, to Compel Discovery, for Attorney Fees 990
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.07.30
Excerpt: ...of guardian ad litems), she cannot act as the plaintiff's attorney. This case (as well as the other litigation between the parties and others) has a complex history. For purposes of these three motions only, the court will set out its understanding of the pertinent historical facts: On July 22, 2015, the plaintiff filed a complaint for fraud and other causes of action against defendant Mohammad Rahgoshay. Although she initially filed as a self-re...
2020.07.23 Motion to Quash Subpoena 982
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.07.23
Excerpt: ...aw action—and has the defense files. Defense counsel here has advised the court it is aware of the contents of those files because a “former attorney” of Gordon & Preis told defense counsel that an independent psychiatric medical examination had been conducted and the firm's files contained an unflattering IME report. However, the court has now been advised by plaintiff's counsel here that Joseph Preis of Gordon & Preis has advised that no ...
2020.07.23 Motion for Summary Judgment, Adjudication 937
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.07.23
Excerpt: ... the court, constitute a ground for denial of the motion. (See Wilson v. Blue Cross of Southern Calif. (1990) 22 Cal.App.3d 660, 671.) The court denies the motion on procedural grounds. Merits, in the Alternative Although the court is denying the motion on procedural grounds, the court would deny the motion on the merits, as well. 1. Proper Party Defendant? The named defendant is George J. Roth, as Trustee, etc., who everyone agrees is dead. It i...
2020.07.09 Motion to Quash Service of Summons, Vacate Default Judgment, Dismiss Entire Action 078
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.07.09
Excerpt: ... belief that defendant Mark Starr was a resident of Westchester, New York, and that defendant Hunting Ridge, Inc., was a corporation with its principal place of business in Westchester, New York. The complaint alleges that Johnson is an avid car collector who saw an Internet advertisement for a 1972 Porsche 911 RS Carrera Tribute with only 12,716 miles on it— what he described as a rare find—offered for sale by Huntington Ridge Motors. Johnso...
2020.07.02 Motion to Tax Costs 600
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.07.02
Excerpt: ... could, if necessary, produce additional evidence on appeal. Rule 8.278(d)(1)(C) of the California Rules of Court limits recovery of these costs to ”[t]he cost to produce additional evidence on appeal.” (Italics added.) Neither side cites controlling authority on this point and the court was unable to discover any on its own. However, the court reads this subsection to allow such costs only if additional documents were actually produced pursu...
2020.02.20 Motion to Compel Arbitration 880
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.02.20
Excerpt: ...gued that under the arbitration provision AAA is the default arbitration service if the defendant disapproves the plaintiff's selection. The plaintiff countered that it would only select JAMS and the defendant waived any challenge to its selection because it did not timely object. Although the plaintiff does not use these words, essentially he argues that the arbitration selection process in the agreement is procedurally unconscionable if he has ...
2020.02.06 Motion to Tax Costs 990
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.02.06
Excerpt: ...December 28, 2019, a Saturday; the filing of the cost bill the following Tuesday, December 31, 2019, or two court days thereafter, was thus timely. The defendant failed to meet his burden to show that the costs were unreasonable or unnecessary because no evidence was submitted in support. The “declaration” of attorney Carl Pentis filed with the motion was not filed “under penalty of perjury” (Code Civ. Proc., § 2015.5), and thus the moti...
2020.01.23 Demurrer 344
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.01.23
Excerpt: ...l be filed (Code Civ. Proc., § 404), or nothing will be done. Demurrer (HDR Engineering) The demurrer of defendant HDR Engineering, Inc., to the second, fifth, and sixth causes of action of the first amended complaint (ROA 32) is OVERRULED with 15 days to answer. Second Cause of Action (Negligent Misrepresentation) Each element of a cause of action for negligent misrepresentation generally must be alleged with a specificity that shows how, when,...
2020.01.23 Motion to Vacate Special Verdict 990
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.01.23
Excerpt: ...rounds upon which the motion will be made” and specify “the particulars in which the legal basis for the decision is not consistent with or supported by the facts, or in which the judgment or decree is not consistent with the special verdict.” Although the statute is explicit, at least one appellate court has held that the “notice of motion” to vacate may be sufficient to meet the statutory criteria if it adequately meets section 663a's...
2020.01.23 Motion for Judgment on the Pleadings 262
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.01.23
Excerpt: ...LC, after the loan servicing was transferred. 2. Other Causes of Action The motion of this defendant for judgment on the pleadings as to the remaining causes of action is DENIED. Nearly 25 years ago the plaintiff and his then-spouse (a defaulted defendant here) were involved in a marital dissolution. During the distribution of assets and debts, a dispute arose over encumbrances placed on certain real property by the wife. The issue was litigated ...
2020.01.23 Motion for Leave to File Amended Complaint, to Establish Third Party Liability 904
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.01.23
Excerpt: ...no longer good law for the reasons articulated in Waffer Internat. Corp. v. Khorsandi (1999) 69 Cal.App.4th 1261 at pages 1270 through 1278. Moreover, nothing in Steiner suggests that the obtaining of a writ of attachment limits remedies in tort as against other parties. Here, the proposed amended complaint adds a third party (albeit the spouse of the original defendant) and makes at least one other substantive change. The general rule is that in...
2020.01.16 Motion to Dismiss Complaint 336
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.01.16
Excerpt: ...otions meet the first prong. The third cause of action alleges protected activity under the First Amendment; i.e., the filing of an FPPC complaint during an election campaign about election activity. It is further undisputed that the third cause of action must be stricken because the filing of an FPPC complaint, even one that may contain false allegations, is protected speech that may not be subject to judicial oversight. The first two causes of ...
2020.01.16 Motion to Compel Arbitration 083
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2020.01.16
Excerpt: ... it. Each side then explains what the various marks, and absence of marks, meant relative to that paragraph and the agreement. The plaintiff even accuses defendant Wendy Alexander of submitting a fabricated version of the agreement with a check mark next to Paragraph 6.6. She demands that Alexander bring the original to court, and she proposes to testify at the law and motion hearing, apparently to prove the document was altered. Alexander oppose...
2019.9.12 Demurrer, Motion to Strike 953
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.9.12
Excerpt: ... of interest and acted in bad faith in approving the Consulting Agreement, thus abrogating the Rule. Fourth and Fifth Causes of Action for Accounting The primary argument is that the plaintiff does not plead she does not have access to the corporate records, or that her claims can only be addressed by an accounting. It is clear from a fair reading of the amended complaint that the plaintiff asserts she does not have access to the corporate books ...
2019.9.12 Demurrer, Motion to Strike 430
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.9.12
Excerpt: ...ifornia, resulted in the plaintiff transferring money that ultimately went to the defendants here in California. For purposes of pleading, the allegations are sufficient to establish Orange County as a proper venue. The ten causes of action are sufficient pled to withstand the demurrer. Motion to Strike The motion of the defendants to strike punitive damages and other allegations from the Complaint is DENIED. Sufficient facts are stated that woul...
2019.9.5 Motion for Summary Adjudication 188
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.9.5
Excerpt: ...o carry out normal activities. The plaintiffs alleged the deceased had a “mental limitation that restricted her ability to carry out normal activities and to protect her rights.” (Third Am. Complaint, 8:25-27; RAO 146.) The motion for summary adjudication suggests the deceased was not a dependent adult because she had no limitations that would prevent her from carrying out her normal activities. It says she “was able to walk, feed herself, ...
2019.9.5 Motion for Issue, Evidentiary, Terminating, and Monetary Sanctions 487
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.9.5
Excerpt: ...ourt may not impose issue, evidentiary, or terminating sanctions for a party's failure to pay sanctions. It may impose such sanctions only for the failure to provide further verified responses. That said, the Court is concerned because prior filings suggest the primary defendant is in prison in Vietnam and may be unable to provide the further responses. On the other hand, the defendants are represented by counsel and counsel has failed to explain...
2019.8.29 Motion to Compel Further Responses 192
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.8.29
Excerpt: ...e. The responses comply with the requirements of Code of Civil Procedure section 2033.220, Subdivision (c). The plaintiff complains that the defendants or their attorney had access to information (such as the CHP Report) that was readily available and intentionally chose not to use it before responding. But a court cannot order a further response to a request for admission that has been unqualifiedly denied, even if the facts involved are unquest...
2019.8.8 Motion for Summary Judgment, Adjudication 010
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.8.8
Excerpt: ...ird Cause of Action for products liability. Evidentiary Objections The defendant's evidentiary objections to the declaration of Nadia Bayazid is SUSTAINED as to Nos. 1, 2, and 3, and OVERRULED as to Nos. 4 and 5. Request for Judicial Notice The defendant's Request to take Judicial Notice of Exhibits 1 and 2 is GRANTED. The defendant's Request to take Judicial Notice of certain unpublished federal District Court opinions (Exhibits 3, 4, and 5) is ...

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