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2022.10.27 Motion for Security 217
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.10.27
Excerpt: ...r has ever been, filed. Defendants were served by substituted service on April 10, 2022. Declarations attached to each proof of service shows mailing was made April 11, 2022. Substituted service was therefore complete on April 21, 2022. Thirty days from April 21 is May 21, 2022. However, May 21 fell on a Saturday. Because this motion had to be filed within 30 days, the last day to file must be advanced to the last court day, which was Friday, May...
2022.10.20 Motion for Summary Judgment 777
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.10.20
Excerpt: ...rt animal” and that its loss caused her, in addition to economic damages, damages for emotional distress. Other facts are disputed: The plaintiff asserts, for example, that the defendants made no effort to stop the attack despite repeated requests from the plaintiff and that they simply walked away once the cat had escaped. But the court finds those other facts are not relevant. There are only three cases in California that speak to the issue o...
2022.10.20 Motion for Summary Adjudication 537
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.10.20
Excerpt: ... to evidence the requisite elements of their claim,” without specifying any issue to be decided. That is insufficient to put the opposing party on notice of the precise issue to be resolved. The second paragraph is specific: It says the two procedures—LASIK and PRK— are not “substantially different” and therefore the consent plaintiff gave for the one procedure constitutes consent for the other. However, the points and authorities raise...
2022.10.13 Motion for Attorney Fees 201
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.10.13
Excerpt: ... also provides that the motion may be made before entry of judgment, and that after judgment has been entered, the public entity may only seek its fees and costs through a malicious prosecution action. On June 7, 2022, the court ordered summary judgment in favor of the County and against the plaintiff. A formal judgment has not yet been entered. Thus, the motion for attorney fees and costs is timely. The defendant's request for judicial notice of...
2022.10.06 Motion to Quash Deposition Subpoena 671
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.10.06
Excerpt: ...he stock of plaintiff's construction business, a sale that is at the heart of this dispute. The plaintiff asserts August was, among other things, his personal attorney at all relevant times. The defendants contend in response that they are not seeking the plaintiff's personal files, but only those attorney-client files that belong to the business defendant, the business they bought. The subpoena tries to maintain this distinction. Although hearsa...
2022.10.06 Motion to Compel Production of Docs 328
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.10.06
Excerpt: ... over because there is no way to tell if these documents really are privileged. The plaintiff does not offer any concrete evidence suggesting why she is not convinced of their provenance. Rather, she just says the communications “line up” with other documents and from the timeline it looks suspicious. It would be one thing if she had some specific evidence. But a blanket claim that she does not know if they are or not covered by the attorney-...
2022.10.06 Motion for Attorney Fees 287
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.10.06
Excerpt: ...ommunity for similar work.” (PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095.) The trial court is given broad discretion in valuing the professional services rendered in a particular case. “In making its calculation, the court may rely on its own knowledge and familiarity with the legal market, as well as the experience, skill, and reputation of the attorney requesting fees . . . the difficulty or complexity of the litigation to which the ...
2022.09.29 Motion to Strike 583
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.09.29
Excerpt: ... irrespective of whether the proposed amended complaint was originally submitted to the court more than 20 days after the demurrer was sustained. Moreover, any motion to strike the amended complaint on this ground had to have been filed before the amended complaint was submitted to the court. The plaintiff was previously directed by the court to reduce the length of the complaint. His latest iteration of an amended complaint attempts to do this. ...
2022.09.29 Demurrer, Motion to Strike 267
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.09.29
Excerpt: ...mplaint that made certain minor corrections, including the addition of a part of a sentence to these particular causes of action. But those changes did not change the substance or character of the causes of action. These were but minor corrections. Generally, the filing of an amended complaint re-opens a defendant's right to demurrer to any cause of action, even one as to which the court overruled a demurrer. But here, the Complaint was corrected...
2022.09.29 Demurrer 397
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.09.29
Excerpt: ...vities that morning and had not done anything to protect other patients from that behavior, and (b) the hospital was understaffed and had not properly trained its staff (among other things) and thus was ill-equipped to prevent the assault from happening. The two prime cases cited by the parties—Samantha B. v. Aurora Vista Del Mar, LLC (2022) 77 Cal.App.5th 85 [sexual assault by employee], and Worsham v. O'Connor Hospital (2014) 226 Cal.App.4th ...
2022.08.18 Demurrer, Motion to Strike 947
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.08.18
Excerpt: ...howing the Board actions were taken with improper motives or as a result of a conflict of interest. As to the allegations of alter ego liability, the court finds the complaint does not allege sufficient facts to show alter ego liability. The Facts Alleged in the Complaint The complaint alleges 14 causes of action: (1) breach of fiduciary duty, (2) abuse of control, (3) gross mismanagement, (4) waste of corporate assets, (5) breach of written cont...
2022.08.18 Motion to Quash Service of Summons 953
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.08.18
Excerpt: ... fails to demonstrate a basis on which to assert specific jurisdiction. Brown denies he was a party to any agreement that is the subject of this action, and he does not have any relationship with the other defendant. (See Decl. Brown, paras. 14 and 16.) The plaintiff alleges that Brown purposefully availed himself of the benefits of this forum because he “created a continuing contractual obligation between himself and UFSF, a California Limited...
2022.08.18 Motion to Vacate and Set Aside Order to Deem RFAs Admitted 326
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.08.18
Excerpt: ...vide responses without objection within 21 days of this order.” A fair reading of the minute order suggests that this extension-of-time modification was likely intended to relate to the concurrent motion to compel answers to Form Interrogatories (Set Two). However, the modification is not clear and does not state that it applies only to the one discovery motion and not the other. The court assumes that the Temporary Judge who handled the law an...
2022.08.11 Motion to Vacate Default Judgment 051
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.08.11
Excerpt: ...from the plaintiff's attorney detailing that the defendant was personally served with the original summons and complaint as well as the amended complaint. He also asserts the defendant evaded service of the order for judgment debtor examination. However, counsel's declaration is inaccurate and fails to oppose the motion with competent evidence. He states, for example, that defendant was personally served by a registered process server with the or...
2022.08.11 Motion for Attorney Fees 307
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.08.11
Excerpt: ...e motion for summary judgment that was ultimately withdrawn. Further, the court is unwilling to award fees performed (apparently) by attorney Kozinska at her hourly rate of $350 per hour where these tasks could be performed by staff or attorneys with lesser experience. Review of the Covid-19 court protocols and how it affects this case does not require the lead attorney. Finally, the court is unwilling to award attorney fees for preparation of �...
2022.08.11 Demurrer to FAC 370
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.08.11
Excerpt: ... the plaintiffs (Joel 2012 Nevada Holdings, LLC) was never in privity with the defendants (and the defendants did not even know it existed), and that defendant and CEO of Crowdfunding, LLC, Edward Fernandez, was only an employee of Crowdfunding and thus cannot be held liable at all. For purposes of a demurrer, the court cannot consider the declaration of Fernandez or the discovery that has been exchanged. Separating what the court may consider fr...
2022.07.28 Demurrer to FAC 078
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.07.28
Excerpt: ... from First Light Recovery and intentionally ran in front of a moving truck and was killed. These are the allegations against the Medical Center in the wrongful death cause of action against it. The thrust of the demurrer is that the Medical Center is immune from liability pursuant to Welfare and Institutions Code section 5113. That section falls under the Lanterman-Petris- Short Act [LPS Act]. Pertinent here, under section 5150, a person may be ...
2022.07.14 Motion to Compel Arbitration 466
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.07.14
Excerpt: ...ned by the plaintiff. A copy of the Dispute Resolution Agreement is attached to the motion to compel. (See ROA 13.) (The court notes that the declaration of Rebecca Douglass authenticating the Agreement (see ROA 14) inaccurately states the Agreement is attached to it. None is. However, the plaintiff does not suggest that the Agreement attached to the motion is different from the one Douglass authenticated.) Evidence is presented that the plaintif...
2022.07.07 Motion for Change of Venue 014
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.07.07
Excerpt: ...nue argues that venue has been improperly laid in Orange County because defendants Hernandez and Hire Well Screening Solutions, Inc., are residents of Madera County. The plaintiff concedes Hernandez is a resident of Madera County but argues venue is still proper in here because Hernandez committed the wrongful acts in Orange County at the plaintiff's business. As for Hire Well Screening Solutions, Inc., the complaint alleges that although it is a...
2022.06.30 Demurrer 959
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.06.30
Excerpt: ...mplaint is that the cross-defendant failed to comply with that part of the Business Agreement involving the collection of insurance information. The demurrer to the First Cause of Action for Breach of Contract is OVERRULED. The court rejects the argument that the cross-complaint advances an “unreasonable” interpretation of the contract. Section II(1)(a)(6) of the Business Agreement states, among other things, that the cross-defendant is oblig...
2022.06.30 Demurrer 183
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.06.30
Excerpt: ...Civ. Proc., § 367.) Although the demurrer claims the cross- complainant does not have standing to bring this action because her property was not foreclosed on, it does not cite any case to support such a proposition under similar facts. But she alleged she was an owner of a one-half undivided interest in the property and that had she been given notice of the foreclosure she could have protected her one-half interest from foreclosure and partitio...
2022.06.09 Motion to Strike 199
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.06.09
Excerpt: ...re to permit rest periods, (7) failure to pay wages due upon separation, (8) failure to provide access to payroll records, (9) retaliation in violation of FEHA, (10) wrongful termination in violation of public policy, and (11) violation of Business and Professions Code section 17200. A review of the entire amended complaint reveals the plaintiff alleges she was injured in June 2019 while lifting a heavy keg of beer. When she reported the incident...
2022.06.09 Demurrer 700
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.06.09
Excerpt: ...scharge, (10) retaliation in violation of Labor Code section 1102.5, (11) age discrimination, (12) harassment, (13) intentional infliction of emotional distress, and (14) unfair business practices. The plaintiff alleges that on or about November 1, 2017, he was promoted to president of the entities named in the amended complaint. (See Para. 30.) But he says his compensation was changed by defendant Heidler resulting in a significant reduction in ...
2022.05.19 Motion for Summary Judgment 009
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.05.19
Excerpt: ... employee or independent-contractor status is one of fact if dependent upon the resolution of disputed evidence or inferences. . . . If the evidence is undisputed, the question becomes one of law . . . . The label placed by the parties on their relationship is not dispositive, and subterfuges are not countenanced.” (S. G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341, 349 [citations omitted].) The general test ...
2022.05.19 Demurrers 057
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.05.19
Excerpt: ...t demonstrated a right to the funds in the Reserve Account. But the court must accept as true at the demurrer stage the allegation that “cross-complainants own [] the fund in the Reserve Account.” However, a conversion claim must allege a specific and identifiable amount, which the cross-complaint does not do. The demurrer is SUSTAINED with 10 days leave on this last ground alone. Second Cause of Action—Breach of Contract The cross-complain...

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