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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...
2019.8.22 Motion to Strike 090
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.8.22
Excerpt: ...ual statements within the review, and the defendant failed to take down the entire review when asked to do so. First prong It appears the subject matter meets the first prong of the anti- SLAPP test: the submitting of a Yelp review is clearly in furtherance of a party's First Amendment right. (Code Civ. Proc., § 425.16, subd. (b)(1).) Second Prong The critical issue appears to be whether the plaintiff—a for- profit, post-secondary school—is ...
2019.7.25 Motion to Continue Trial 171
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.7.25
Excerpt: ...o the Third Amended Complaint. (See ROA 254, 257.) On April 22, 2019, defendant Preferred Hotel Group filed an ex parte request to continue the then trial date of May 20, 2019 (see ROA 264), on the ground that it had been recently brought in and had a right to file a motion for summary judgment. The Court granted the ex parte request and set the current trial date of October 21, 2019. This date was selected in open court with the assistance of co...
2019.7.25 Demurrer 953
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.7.25
Excerpt: ...for example, the defendants had conflicts of interest and entered into the Consulting Agreement in bad faith. Fourth and Fifth Causes of Action The defendants fail to point out where in the Second Amended Complaint the plaintiff alleges a specific damage claim. Thus, causes of action for accounting are proper. Sixth Cause of Action This cause of action is not barred by the two-year statute of limitations because it relates back. This cause of act...
2019.6.27 Motion to Compel Production of Docs 601
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.6.27
Excerpt: ...ther allegations from the Complaint is DENIED. The basis of the motion is evidence outside the confines of the Complaint and not otherwise subject to a request for judicial notice. Notice Notice for the three motions above shall be given by the plaintiff. Order to Show Cause re Sanctions No tentative. Defendant Dao, a self-represented attorney, should be prepared to explain why he has, for the second time, filed a motion months out when there wer...
2019.6.27 Demurrer, Motion to Strike 055
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.6.27
Excerpt: ... plaintiff may plead inconsistent claims. But when there is a cause of action for breach of contract, the plaintiff is precluded from also alleging a separate cause of action for quasi-contract that does not deny the existence of the contract. (See Klein v. Chevron U.S.A., Inc. (2012) 212 Cal.App.4th 1342, 1389-1390.) Fifth Cause of Action—Fraud There are no facts alleged that would support a claim that the defendant had no intention of perform...
2019.6.20 Demurrer 681
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.6.20
Excerpt: ...ent inducement” and “concealment,” and seeks general as well as punitive damages. This is the heart of the Complaint. They allege the defendant manufacturer knew that: (a) the transmissions were defective; (b) these safety defects are not repairable; (c) the defects were not publicly known; and, (d) the defects in this vehicle were not disclosed but actively concealed from the plaintiffs at the time of the dealer sale and repair attempts. T...
2019.6.20 Demurrer, Motion to Strike 320
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.6.20
Excerpt: ...d Complaint was to be filed within 10 days of the order. A “proposed” Fourth Amended Complaint had been “received” by the Court on March 6, 2019 (ROA 148); i.e., six days earlier, but that pleading was never filed, only received, and no subsequent amended complaint was filed with the Court in accordance with the Court's March 12 order. In the interests of justice, and because the parties appear to accept the amended complaint received Mar...
2019.6.20 Demurrer 014
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.6.20
Excerpt: ...ht to bring this action. But as indicated below, the Court will not take judicial notice of “Exhibit 3” to the Complaint: such an “exhibit” was not attached to what was filed with the Court. Even so, the parties agree as to the language of the assignment. A fair reading of the assignment from Downey Savings could be that while the plaintiff is not entitled to receive the percentage rents, it is entitled to one-third of the percentage rent...
2019.6.20 Demurrer 085
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.6.20
Excerpt: ...Sue letter and are barred by the applicable statute of limitations. Those arguments have merit as the Second Amended Complaint is now pled. The plaintiff has attempted to resolve that issue by procuring an amended Right-to-Sue letter which he has now filed with the Court. (ROA 118.) Because there is a jurisdictional burden on the plaintiff to plead the timely filing of a sufficient complaint with the Department of Fair Employment and Housing, the...
2019.6.6 Motion to Vacate and Set Aside Order Compelling Arbitration 858
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.6.6
Excerpt: ...eferred the matter to arbitration. All court proceedings were stayed pending the arbitration award. On May 3, 2019, the plaintiff filed a motion to vacate and set aside the stipulation and order on the ground plaintiff's counsel mistakenly, inadvertently, and excusably believed the defendant would pay the arbitration fees pursuant to Armendariz. (Code Civ. Proc., § 473.) Counsel says he first became aware that JAMS would require his client to pa...
2019.5.30 Application to Attach Order and Writ of Attachment 102
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.5.30
Excerpt: ...of Service on Summons and Complaint, service on Saif Almarri was by substituted service on his wife. Service was not complete until 10 days after mailing, or May 9, 2019. Because the hearing was set for May 30, 2019, service had to be completed by May 7, 2019. Thus, Almarri did not receive adequate notice. There is No Showing of a Contract The documents attached to the declaration of Dr. Leaf are an e- mail thread and a general proposal of what i...
2019.5.30 Motion to Disqualify Pro Hac Vice Attorney 435
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.5.30
Excerpt: ... State Bar has concurrent jurisdiction. (Cal. Rules of Court, rule 9.40(f).) If it is true that attorney Reiland failed to advise the Court and the State Bar of his professional move, that would appear at best to be an ethical lapse by Robert Reiland and Mario Palencia better addressed by the State Bar. Finally, the Court notes that neither Robert Reiland nor his supervising California attorney, Mario A. Palencia (SBN 300315), have filed oppositi...
2019.5.16 Motion for Summary Judgment 793
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.5.16
Excerpt: ...ounds. Summary Judgment The defendant does not appear to meet its initial burden because it does not address one of the bases for the complaint; i.e., that the defendant did not advisethe plaintiff of his legal options as to the right to seek damages for breach of contract. Where does the defendant even deny this allegation? The motion argues instead that the defendant's filing of an amended complaint that includes a cause of action for breach of...
2019.5.16 Demurrer, Motion to Strike, to Quash Subpoena 170
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.5.16
Excerpt: ... facts are alleged. Demurrer to Cross-Complaint The demurrer of cross-defendants Summerset Mobile Estates and Mobile Modular Development, Inc., to the First Amended Cross-Complaint is SUSTAINED as to First Cause of Action, and OVERRULED as to the Second, Third, Fourth, Fifth, and Eighth Causes of Action with ten days leave to amend. Motion to Strike/Demurrer The motion of cross-defendant Deborah Fernandez to strike the First Amended Cross-Complai...
2019.5.9 Motion for Summary Judgment 382
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.5.9
Excerpt: ...n the stock market with the gains used to pay the property taxes. In his motion, the defendant concedes this second option, and no evidence is presented showing when the plaintiff became aware the HELOC funds had not been used for this other purpose. The defendant thus did not meet the initial burden to show these causes were time-barred. The suggestion that the plaintiff was on notice that the funds had not been invested in the stock market beca...
2019.5.9 Motion to Compel Arbitration 601
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.5.9
Excerpt: ...be used to pay the mortgages on the respective properties, but the defendant kept the money instead. Such a theory is outside the terms of the arbitration agreement. The defendant counters that he was hired to represent the plaintiff in court. (See Reply 2:11-12.) But there is no indication any lawsuits were filed or that he took any action to maintain any litigation. It is not even clear reading the agreement that litigation was the focus of the...
2019.4.25 Motion to Compel Further Responses 627
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.4.25
Excerpt: ...ness. (See Code Civ. Proc., § 2031.230.) Because the discovery is proper, the burden shifts to the responding party to justify its objection or failure to respond fully. The opposition to the motion tells the Court the electronic records were destroyed by an unnamed outside vendor at an unspecified time in response to an unspecified federal mandate to upgrade business computers. It further asserts it searched an attic and another document reposi...
2019.4.25 Motion to Strike Complaint 614
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.4.25
Excerpt: .... The Second Amended Complaint substitutes out the minors and introduces a new party—a trustee of a newly-created trust that claims it is a non-contingent beneficiary based on a new transfer. The order granting the motion for judgment on the pleadings with leave did not allow the substitution of a new party plaintiff. Whether to allow the substitution of a party plaintiff is discretionary with the Court and must be made by separate application....
2019.4.18 Demurrer 617
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.4.18
Excerpt: ...s of the demurrer, the Court must accept those allegations as true. It is further alleged these defendants had been made aware of prior conduct by defendant Thomas. (See Paras. 22, 23, and 29.) Second Cause of Action (Negligence Per Se): OVERRULED. These defendants are mandatory reporters who were on notice of the actions of Thomas, both from the prior report from a different party and the earlier report from the plaintiff. (See Paras. 46-47.) Th...
2019.4.11 Motion for Summary Judgment, Adjudication 580
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.4.11
Excerpt: ...urt, rule 3.1350(b). Thus, the presence of any triable issue of material fact requires denial of the motion. (Zavala v. Arce (1997) 58 Cal.App.4th 915, 926; Weil & Brown, Cal.Prac. Guide: Civ. Proc. Before Trial (The Rutter Group 2018) § 10:88.) Had notice been properly given, the defendants might be entitled to summary adjudication of issues as to the Third, Fourth, and Fifth Causes of Action. But there is a triable issue of material fact as to...
2019.4.4 Demurrer 601
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.4.4
Excerpt: ...intiff's agent in trying to save his properties from foreclosure. He gave the defendants over $100,000 and instead of using this money to pay the lender the defendants converted it to their own use and the properties were lost. It does not allege that the defendants were acting in any professional capacity. An attorney cannot convert an otherwise timely action into one that is time-barred under section 340.6 simply by saying in the text of a demu...
2019.4.4 Motion to Modify or Quash Deposition Subpoenas, for Protective Order 924
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.4.4
Excerpt: ...rial date. (See Cal. Rules of Court, rule 3.1332(a).) Motion to Modify/Quash Deposition Subpoenas The motions of defendants Susan Su Chun Wu and Samuel Wu, and cross-complainant SC Enterprises Investment, LLC, to modify or quash certain deposition subpoenas are, at the request of the parties, OFF CALENDAR. (See ROAs 307, 310.) Motion of Non-Party Witness Charles Ting The motion of non-party witness Charles Ting for a protective order for himself ...
2019.3.28 Motion to Compel Deposition 051
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.3.28
Excerpt: ... that the arbitrator “granted leave” to allow the plaintiff to file this motion. But any motion to compel the deposition of a third party must first be heard by the arbitrator. (Berglund v. Arthroscopic & Laser Center of San Diego, L.P. (2008) 44 Cal.4th 528, 533-538; see Uber Technologies, Inc. v. Google LLC (2018) 27 Cal.App.5th 953, 959.) The role of the superior court, on the other hand, is to review the arbitrator's ruling. Nothing in th...
2019.3.28 Motion for Leave to Amend, to Compel Deposition 384
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.3.28
Excerpt: ...mitations had not really run, is little more than an attempt to re-argue the first demurrer. Because the motion was brought more than five months after service of the Notice of Ruling on the demurrer, it is untimely. (Code Civ. Proc., § 1008, subd. (b).) Even if the Court were to consider the motion on the merits, it would be denied. Motion to Compel Deposition The motion of defendant Steven C. Dennis, M.D., to compel the deposition of the Perso...
2019.3.28 Motion to Compel Depositions 836
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.3.28
Excerpt: ...conjecture based apparently on a very broad reading of a part of defendant Huerta's apology letter. The same is true of plaintiff counsel's representation that the title of these documents is “code” for something defendant Stater Bros. wishes to hide. There is no evidence to support that claim, either. On the other hand, the submission by the defendant of declarations by the Person Most Knowledgeable in opposition to the discovery motion, ess...
2019.3.7 Motion for Leave to File Amended Complaint 760
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.3.7
Excerpt: ...added in order to defeat the defendants' pending summary judgment motion. But the plaintiff asserts, and the declaration of attorney Mark Simowitz underscores, that the additional facts—including allegations that the defendant attorneys hid pertinent facts from the plaintiff—were only discovered as part of 11,194 pages of discovery produced January 22, 2019, well after the summary judgment motion was filed. None of the authorities cited by th...
2019.3.7 Motion for Summary Judgment 192
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.3.7
Excerpt: ... therein. Because the plaintiffs did not meet their burden to show in the motion for summary judgment that the matter was at issue and there was no triable issue of material fact, the motion must be denied. Thus, the Court does not address the affirmative or other defenses raised. The belated attempt by the plaintiffs to address the affirmative defenses in their reply is procedurally improper and must be rejected. Merits Even if the Court were to...
2019.2.21 Motion for Statutory Attorney Fees 408
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.2.21
Excerpt: ...reasonable fee altogether”].) The fee declaration by attorney Hailyn Chen states that this matter was handled pursuant to an “alternative fee arrangement,” but that her standard hourly rate in 2018 while this matter was pending was $850 per hour. Is there any evidence that that is a reasonable hourly fee for like work in Orange County? In his opposition to the motion for attorney fees, the plaintiff suggests the defendants are not obligated...
2019.2.21 Motion to Compel Psychological Exam 346
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.2.21
Excerpt: ...es a claim for loss of consortium. The defendants do not cite any case that addresses that specific issue. Both Leonard v. John Crane, Inc. (2012) 206 Cal.App.4th 1274 and Lantis v. Condon (1979) 95 Cal.App.3d 152 simply hold that this cause of action is not derivative to the other spouse's injury and damages. The plaintiff shall give notice. ...
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...
2019.2.7 Demurrer 171
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2019.2.7
Excerpt: ...ved for the jury if reasonable men could differ (see Alcorn v. Anbro Engineering, Inc. (1970) 2 Cal.3d 493, 499), and particularly when it is combined with a claim for breach of implied warranty of habitability (see Stoiber v. Honeychuck (1980) 101 Cal.App.3d 903, 922). Here, the failure to repair knowingly harmful mold may reasonably be found to qualify as “outrageous.” 2. Fifth Cause of Action for Nuisance Because this claim is not being as...
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...
2018.7.5 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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