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2018.7.12 Motion to Strike 634
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.7.12
Excerpt: ...f the plaintiffs for judicial notice is GRANTED, but only to the extent the documents exist, not as to the truth of any matter contained therein. The request of the defendant for judicial notice is GRANTED, but only to the extent the documents exist, not as to the truth of any matter contained therein. (See Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 121, 124.) The evidentiary objections of the plaintiffs are OVERRULED. Th...
2018.7.12 Motion for Summary Adjudication 266
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.7.12
Excerpt: ...ges in a property management business is not sufficient, as a matter of law, to show agency, alter ego, or any other relationship between it and Sage Kia Downtown LA as to this design contract. The plaintiff does show a contract between it and defendant Sage Kia Downtown LA. But there is a procedural problem with the notice of motion: It is misleading in that Paragraph 1 it lists the summary adjudication as having been brought against all three d...
2018.7.12 Demurrer 900
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.7.12
Excerpt: ...arty. But under Code of Civil Procedure section 369, subdivision (a)(2), the plaintiffs may only proceed on the allegations here in their capacity as trustees of the trust. (Pillsbury v. Karmgard (1994) 22 Cal.App.4th 743, 753.) The plaintiffs have not sufficiently pled around the statute of limitations. The limitations period for a latent construction defect starts “after the damage is sufficiently appreciable to give a reasonable man notice t...
2018.7.12 Motion for Summary Judgment 016
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.7.12
Excerpt: ...ng because he is not a party. But Article X, Section 9 of the Memorandum expressly authorizes the plaintiff's action. 2. The defendant asserts the Memorandum of Understanding is not a valid contract because there is no consideration. Specifically: “In terms of consideration, what exactly is being provided to the County by either OCMA or its public employee members in exchange for the granting of these various entitlements?” An awkward argumen...
2018.6.21 Motion to Dismiss 129
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.6.21
Excerpt: ...re due no later than May 10, 2018. On May 21, 2018, the defendants filed a motion to dismiss for failure to file an amended complaint. Plaintiff has not filed opposition to the motion, but he has reserved a law and motion hearing date of October 11, 2018, seeking to “continue the case.” He suggests that he is no longer in the country and will not return until October, but he does not provide the Court with any evidence, such as copies of airl...
2018.6.21 Motion to Compel Answers 609
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.6.21
Excerpt: ...n the controlling statutes, the conduct of the parties, and its understanding of the intent and purpose of the stipulated discovery order, the Court concludes that the motion was timely. These Special Interrogatories do not violate Code of Civil Procedure section 2030.060, subdivision (f); and, they fall within the scope of the First Stage Discovery. The Court concludes that in the interests of justice no sanctions should be awarded. The plaintif...
2018.6.21 Demurrer 435
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.6.21
Excerpt: ...thinks could state a cause of action. The Fourth Cause of Action is for fraud in the inducement, but fails to state specific facts showing the defendant did not intend to perform at the time it issued the policy. (Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18, 30-31.) The motion of defendant Interinsurance Exchange of the Automobile Club of Southern California to strike allegations of punitive damages is GRANTED with 10 days leave to amend. The ...
2018.6.20 Motion to Compel 609
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.6.20
Excerpt: ...n the controlling statutes, the conduct of the parties, and its understanding of the intent and purpose of the stipulated discovery order, the Court concludes that the motion was timely. These Special Interrogatories do not violate Code of Civil Procedure section 2030.060, subdivision (f); and, they fall within the scope of the First Stage Discovery. The Court concludes that in the interests of justice no sanctions should be awarded. The plaintif...
2018.6.20 Demurrer 885
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.6.20
Excerpt: ......
2018.6.20 Demurrer 435
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.6.20
Excerpt: ...thinks could state a cause of action. The Fourth Cause of Action is for fraud in the inducement, but fails to state specific facts showing the defendant did not intend to perform at the time it issued the policy. (Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18, 30-31.) The motion of defendant Interinsurance Exchange of the Automobile Club of Southern California to strike allegations of punitive damages is GRANTED with 10 days leave to amend. The ...
2018.6.20 Motion to Dismiss 129
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.6.20
Excerpt: ...re due no later than May 10, 2018. On May 21, 2018, the defendants filed a motion to dismiss for failure to file an amended complaint. Plaintiff has not filed opposition to the motion, but he has reserved a law and motion hearing date of October 11, 2018, seeking to “continue the case.” He suggests that he is no longer in the country and will not return until October, but he does not provide the Court with any evidence, such as copies of airl...
2018.6.14 Motion to Vacate, Set Aside Default, Judgment 918
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.6.14
Excerpt: ...18.) Here, paragraphs 18 and 20 of the complaint set out the maximum amount: $27,223.38 for missing tires, $6,603.56 for missing parts, and $2,200 for missing struts, for a total of $36,026.94. This is the same amount as in the default judgment. The default judgment signed by Judge Schulte is thus not void. Extrinsic Mistake A. Procedure A motion to set aside a default and default judgment must be accompanied by a proposed pleading, in this case ...
2018.6.14 Motion to Tax Costs 878
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.6.14
Excerpt: ...sly allowed nor disallowed under Code of Civil Procedure section 1033.5. An item neither expressly allowed nor disallowed may be recoverable in the Court's discretion. (Code Civ. Proc., § 1033.5, subd. (c)(4).) Although the Court encourages parties to engage in voluntary mediation, under the facts of this case such costs were not “reasonably necessary to the conduct of litigation.” The motion to tax mediation costs is GRANTED. Item No. 8: Th...
2018.6.14 Motion for Summary Judgment 019
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.6.14
Excerpt: ...ery still outstanding which, counsel argues, likely will provide additional information necessary to opposition to the motion. The plaintiff shall give notice. Addendum on Discovery Referee The Court has reviewed the Joint Statement regarding status of the Discovery Referee filed June 12, 2018. The Court has been advised that Justice Aldrich (Ret.) has declined to accept the appointment as discovery referee here. Each side has suggested two very ...
2018.6.14 Demurrer 902
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.6.14
Excerpt: ...rs suggests the contract was solely with the owners of the projects, but that this defendant entered into an oral agreement to “compensate” the plaintiff (whatever that means) if the owners failed to pay. A preliminary reading of the subcontract submitted by the defendants suggests that there is no written agreement between the plaintiff and this defendant to pay for materials and work performed on this project. That leaves the alleged oral a...
2018.6.14 Application to Serve Secretary of State 687
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.6.14
Excerpt: ...his declaration to this application, the plaintiffs' attorney states that he contacted the President of Exeter Exchange Management Corporation who told him Exeter has not been the agent for service of process for The Testa Family LLC for at least four years. Nowhere in the LLC's opposition to the application does anyone contradict the statement of the President of Exeter Exchange Management Corporation. Nor does anyone suggest that there is anoth...
2018.6.7 Anti-SLAPP Motion for Attorney Fees 103
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.6.7
Excerpt: ... After the request for partial dismissal was filed, the Court issued its final ruling and indicated the motion brought by this defendant was now moot. Based on the above history, the request for attorney fees (if any fees are still being requested) is DENIED. John Severson The anti-SLAPP motion of John Severson was granted in part and denied in part. (See this Court's June 4, 2018 minute order.) A defendant who successfully brings an anti-SLAPP m...
2018.6.7 Motion to Set Aside, Vacate Default 906
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.6.7
Excerpt: ...t case is unhelpful for two reasons: (1) it involved a motion for relief brought in the context of a summary judgment motion for which subdivision (b) [requiring mandatory relief for attorney fault] was held not to apply [id. at pp. 228-229]; and (2) counsel's declaration stated the answer was filed a few days late because he had “forgotten to instruct [his] assistant” to file the answer on the day it was due. (See decl. of attorney Colin Mun...
2018.5.31 Motion for Summary Judgment 210
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.5.31
Excerpt: ...tion 437c, subdivision (o)(2). Once the burden shifts as a result of the factually devoid discovery responses, the plaintiff must set forth the specific facts which prove the existence of a triable issue of material fact.” (Union Bank v. Superior Court (1995) 31 Cal.App.4th 573, 590.) The cross-defendant cites Exhibits I through M, which consists of approximately 40 pages. Although it does not offer citations to specific responses, a review of ...
2018.5.31 Motion for Leave to File Complaint 780
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.5.31
Excerpt: ...mend was filed after the defendants filed a motion for summary judgment, and the proposed amendments effectively “add” three causes of action for racial discrimination, the defendants would be prejudiced if the amendments, as proposed, were allowed at this time. The August 9, 2018 hearing on the summary judgment motion, and the September 24, 2018 trial date, remain on calendar. The defendants shall give notice. ...
2018.5.31 Demurrer 441
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.5.31
Excerpt: ...here the local Court of Appeal has weighed in on this question, and thus it appears this Court may choose its own path among the competing authorities. The Court holds that for pleading purposes, the complaint states a cause of action for intentional interference with contractual relations because it effectively alleges that the property owner is not a party to the contract. The plaintiff shall give notice. ...
2018.5.31 Demurrer 352
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.5.31
Excerpt: ...tate sufficient facts that these defendants were “employers.” The motion to strike is DENIED as MOOT. The demurrer of defendant Newport Mesa Inn, LLC, dba Best Western Newport Mesa Inn is SUSTAINED with 20 days leave. It does not appear from the opposition to the demurrer that the plaintiff actually opposes it on the merits, but relies instead on the intended filing of a First Amended Complaint. The argument by the demurring party Newport Mes...
2018.5.24 Motion for Judgment 775
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.5.24
Excerpt: ...y to brief the licensure issue raised by the motion. At the close of trial, the parties agreed that closing argument would be made in writing, thus oral argument is neither necessary nor appropriate. The matter is again taken under submission. ...
2018.5.24 Motion for Summary Judgment, to Compel Further Responses 885
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.5.24
Excerpt: ... are awarded against defendant Wei Li to be paid within 30 days. Notice Plaintiff shall give notice. ...
2018.5.24 Motion to Compel Responses 990
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.5.24
Excerpt: ...es that, “A representation or inability to comply with the particular demand [] shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or ...
2018.5.24 Motion to Quash 052
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.5.24
Excerpt: ... to the plaintiff to establish general jurisdiction here. The plaintiff did not meet its burden. Service of process in on a foreign corporation's designation of an agent for service of process in California is not a consent to jurisdiction in this State. (See Gray Line Tours v. Reynolds Elec. & Eng'g Co. (1987) 193 Cal.App.3d 190, 194-195.) Similarly, an unverified complaint cannot establish jurisdiction because it is not competent evidence. The ...
2018.5.23 Motion to Compel Responses, for Sanctions 990
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.5.23
Excerpt: ...es that, “A representation or inability to comply with the particular demand [] shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or ...
2018.5.3 Motion for Reconsideration 282
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.5.3
Excerpt: ...ments of that section. (See Code Civ. Proc., § 128.7, subd. (c)(1).) The plaintiff shall give notice. ...
2018.5.3 Anti-SLAPP Motion 103
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.5.3
Excerpt: ...il March 20, 2018, or around 136 days after service, and thus it is untimely. The defendant asked the Court to exercise its discretion and hear the matter. Subdivision (f) allows a trial court, in its discretion and on terms it deems just, to hear a motion even if untimely. The court reviewed the defendant's declaration and the court's entire file. Based on that review and the purpose to be served by the anti-SLAPP statute, the court elects not t...
2018.4.26 Motion to Transfer 339
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.4.26
Excerpt: ...otion on the merits. It is, for purposes of this motion, undisputed the accident occurred on a fire road on county land in the County of Riverside. The only reason the original complaint was filed in Orange County is because the attorney who drafted the complaint mistakenly alleged that the county road was located in Orange County. This court's records do not disclose any other jurisdictional basis for filing the case in this county. Buddy Corpor...
2018.4.26 Application for Right to Attach Order, Writ of Attachment 244
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.4.26
Excerpt: ...ut the plaintiff has by “stipulation” agreed to vacate and set aside the defaults. The “stipulation” was filed as an attachment to a declaration by plaintiff's counsel on March 27, 2018. It contained various terms that required a court order. But as counsel's declaration recognized, the Court could not issue orders based on the stipulation because it was signed by an attorney claiming to represent defendants who had neither appeared nor p...
2018.4.25 Motion to Compel Further Responses 055
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.4.25
Excerpt: ...o compel and the Case Management Conference are CONTINUED to June 14, 2018, at 1:30 pm. Any supplemental documents must be filed at least 9 court days before the next hearing. The defendants shall give notice. ...
2018.4.19 Motion to Compel Further Responses 188
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.4.19
Excerpt: ...ns are moot. If the motions are not moot, then they are GRANTED, except that No. 20 is limited to the year 2015. The request for monetary sanctions against the defendants is GRANTED in the total amount of $1,260, payable within 30 days. The plaintiffs shall give notice. ...
2018.4.19 Demurrer, Motion to Strike 925
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.4.19
Excerpt: ...ed to state a cause of action for fraud. The Complaint alleges the defendant promised to pay for the services rendered but did not; issued a check and then put a stop payment on it; and created disputes without justification as a pretext for not paying agreed upon fees even though the work was performed in accordance with industry standards. 2. Second Cause of Action for Passing Check with Insufficient Funds The defendant asserts this cause of ac...
2018.4.19 Demurrer 900
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.4.19
Excerpt: ...matter of law by the statute of limitations, the plaintiffs appear to concede that the construction was completed in and around 2012 and that they did not purchase the property until 2017. Without more, an allegation that they only discovered the construction defects within the past three years would be insufficient to allege a delayed discovery because it leaves open the distinct possibility that the cracks or other damage was observable and kno...
2018.4.12 Demurrer, Motion to Strike 046
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.4.12
Excerpt: ...dividual capacity, and then derivatively, and the latter complaint is not necessarily barred. (See Favila v. Katten Muchin Rosenman LLP (2010) 188 Cal.App.4th 189, 222-223 [later derivative complaint not barred].) Although there is a final judgment in the 2014 case, unlike Favila where there was no prior judgment, claim preclusion still does not apply because the claims may involve different primary rights, and some of the alleged bad acts occurr...
2018.4.12 Demurrer 236
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.4.12
Excerpt: ...rence The court intends to continue the Case Management Conference 60 days. Notice The plaintiff shall give notice. ...
2018.4.12 Demurrer 885
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.4.12
Excerpt: ......
2018.4.12 Demurrer, Request for Sanctions 634
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.4.12
Excerpt: ...stitutes a failure to state a cause of action. 2. Libel Per Se: As pled, it appears the alleged defamatory statements were made after a default was entered but before any default judgment had been entered. Without any judicial findings of fraud, statements made in reliance solely on the entry of default are actionable. 3. Defamation: Same as Second Cause of Action. 4. Declaratory Relief: This claim is identical to the defamation count which provi...
2018.4.12 Demurrer, Motion to Strike 129
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.4.12
Excerpt: ...so fails to include a statement of the facts constituting the cause of action in ordinary and concise language (Code Civ. Proc., § 425.10), and fails to identify the particular causes of action and who each cause of action is against (Cal. Rules of Court, rule 2.112). Motion to Strike The motion to strike is MOOT. The defendants shall give notice. ...
2018.4.12 Motion to Compel 013
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.4.12
Excerpt: ...t ORDERS sanctions in the amount of $470.95 for each of the three motions (for a total sanctions award in the amount of $1,412.85) against both the attorney and the defendant. The sanctions shall be paid within 30 days. The plaintiff shall give notice. ...
2018.4.5 Motion for Summary Judgment 858
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.4.5
Excerpt: ...2012) 211 Cal.App.4th 1, 8.) The “Good Faith” Causes of Action 1. First Cause of Action for Intentional Misrepresentation The plaintiff's claim for intentional misrepresentation is unclear, but it appears he alleges the defendant misrepresented that it would perform a “good faith” review of his application. (¶¶ 17, 21 of the Complaint; ¶ 16 of Stewart Declaration.) To support this allegation, the plaintiff alleges the defendant purpose...
2018.3.29 Motion toTransfer Matter 524
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.29
Excerpt: ...ence is CONTINUED to July 11, 2018, at 8:30 am. It does not appear that all parties have appeared in the action. All parties are ORDERED to file new Case Management Conference Statements prior to the new hearing in accordance with the Local Rules. The defendant shall give notice. ...
2018.3.29 Motion to Tax Costs 823
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.29
Excerpt: ...$100,000 by the end of trial. It is undisputed the plaintiff failed to obtain a more favorable verdict—it was a 12-0 defense verdict. The burden was on the plaintiffs to show that the offers were not made in good faith. (Elrod v. Oregon Cummins Diesel, Inc. (1987) 195 Cal.App.3d 692, 700.) It failed to meet its burden. The court further finds the offers were reasonable. They were made nearly three years after commencement of the action in 2013;...
2018.3.29 Motion to Strike Punitive Damages 487
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.29
Excerpt: ...ficient to support a claim that this was despicable conduct under Civil Code section 3294. Defendant Parker Kirsten shall file an answer to the complaint within 10 days. The plaintiff shall give notice. ...
2018.3.29 Motion to Compel Further Responses 920
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.29
Excerpt: ...at it is entitled to disgorgement of any profits Bridgemark may have earned due to its operation of the wells which it was required to abandon. It concedes it is not entitled to disgorgement of profits for its contract claims, but contends it is entitled to disgorgement pursuant to its trespass claim and cites Civil Code section 3334, subdivision (a). But that code section says nothing about “disgorgement,” and the moving party fails to provi...
2018.3.29 Motion to Compel Answers 555
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.29
Excerpt: ...e defendant Ford Motor Company filed a motion to compel a vehicle inspection. It appears that the vehicle was last in the possession of the defendant and it has since been sold at auction. Under those facts, it must be assumed the defendant knew, or should have known, at the time the vehicle inspection request was made and the motion to compel was filed that the plaintiff did not have the vehicle. The motion is DENIED. The motion appears to have ...
2018.3.29 Demurrer 954
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.29
Excerpt: ...r these pleaded facts. The demurrer to the First Cause of Action for quiet title must be sustained because the owner of an equitable interest, as here, cannot maintain a quiet title action. (See Stafford v. Ballinger (1962) 199 Cal.App.2d 289, 294-295.) The demurrer to the Second Cause of Action must be sustained because Velocity Support Services received a Certificate of Relief from the State. The Tax and Revenue Code sections cited are not appl...
2018.3.15 Demurrer 192
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.15
Excerpt: ...e a cause of action against this defendant for the reasons discussed in prior hearings. In reviewing the demurrer and the efficacy of the amended complaint in alleging a duty, the court also considered the Biajanka factors. (Biajanka v. Irving (1958) 49 Cal.2d 647, 650.) The defendant shall give notice. ...
2018.3.8 Request for Judicial Notice 103
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.8
Excerpt: ... case of SEC v. Hickey (9th Cir. 2003) 322 F.3d 1123. Roger Torriero The demurrer of defendant Roger Nello Torriero to the first, third, sixth, and seventh causes of action is OVERRULED with ten days to answer. The defendant attempts to defeat these causes of action with material that is neither in the complaint nor the proper subject of a request for judicial notice. The allegations in the complaint support the claims alleged in these causes of ...

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