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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...
2022.05.19 Demurrer 631
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.05.19
Excerpt: ...t is alleged delivery of the vehicle occurred February 5, 2015. But the lawsuit was not filed until March 23, 2021, and this specific cause of action would be barred by the four-year statute of limitations unless the complaint adequately pleads delayed discovery. Paragraphs 17-24 of the amended complaint detail the various times the plaintiff presented the vehicle for repairs beginning in October 2019, or more than four years after delivery. Para...
2022.05.19 Demurrer 002
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.05.19
Excerpt: ...ery board member and the claims made in this amended complaint were raised with the board at the November 8, 2019 annual shareholders meeting. The demurrer as to these causes of action is OVERRULED on this ground. b. The Other Claims The Third and Tenth Causes of Action are for conversion, but they fail to allege the specific amount of money converted, simply alleging instead that it is at least $1 million and the amount will be proven at trial. ...
2022.05.12 Motion to Seal, for Protective Order 787
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.05.12
Excerpt: ...suant to written questions. The court notes that the defendants filed a notice of appeal as to this court's order adopting the Referee's Report and Recommendation No. 11. (See G061287.) They also filed a petition for writ of mandate wherein they sought a stay of the entire action pending resolution of the appeal. (See G061287.) The writ petition, and request for a stay, was denied on May 5, 2022. (ROA 1351.) The appeal remains pending. The perfec...
2022.05.12 Motion for Summary Judgment, Adjudication 266
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.05.12
Excerpt: ...s Granted Punitive Damages The motion for summary adjudication is granted as to the claim for punitive damages. There is simply no evidence to support any claim that the defendant acted with malice, oppression, or fraud; and no evidence that rises to the level of proof by clear and convincing. Issues for which Judgment is Denied First Cause of Action – Disability Discrimination There is a triable issue of material fact as to whether the plainti...
2022.05.12 Demurrer 556
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.05.12
Excerpt: ...ertion that Green is liable on an alter ego theory is insufficient to state a cause of action against him individually. Demurrer (Casas and MSC Physician) The demurrer of defendants Melinda S. Casas and MSC Physician Billing Services, Inc., to the First Amended Complaint, specifically the Fourth and Fifth Causes of Action is SUSTAINED with 30 days leave. This is similar to the demurrer by Green. There are no specific allegations of any misreprese...
2022.05.12 Demurrer 303
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.05.12
Excerpt: ...antage. [] It is quite literally the element that causes the interference to be a tort.” The same element applies to claims for negligent interference. (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 1006 (disapproved on other grounds in Ixchel Pharma, LLC v. Biogen, Inc. (2020) 9 Cal.5th 1130).) The California Supreme Court has held that, “to state a claim for interference with an at-will contract by a third party, the plaintiff mus...
2022.05.05 Motion to Compel Further Responses 161
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.05.05
Excerpt: ...esponses under oath. Here, a name is given but nothing in the served verification identifies who this individual is and his capacity. The defendant suggests that everyone knows who is; the plaintiff even took his deposition for 11 hours as the Person Most Knowledgeable for the corporation. That may be so, but each discovery verification must be complete within itself. The propounding party (and the trier of fact) must not have to look to other so...
2022.04.14 Motion for Summary Judgment, Adjudication 161
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.04.14
Excerpt: ...aint alleges that Grace Coleman had a history of driving under the influence: three months prior to this accident she was arrested for driving under the influence of alcohol, and around the same time she was involved in a single-vehicle, hit- and-run accident where she struck a parked vehicle, allegedly while intoxicated. In each case, Grace Coleman was driving the same vehicle with the permission of her parents. The complaint also alleges that h...
2022.04.07 Demurrer 537
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.04.07
Excerpt: ...8.) Here, the same allegations regarding poor workmanship pled in the negligence cause of action also undergird the nuisance cause. The cross-complainants' argument that nuisance causes of action are permitted in construction cases is not supported by any of the cases cited. The court finds the nuisance cause of action duplicative of the negligence cause. Fourth Cause of Action—Fraud Fraud causes of action must be pled with particularity as to ...
2022.03.24 Motion for Reconsideration 787
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.03.24
Excerpt: ...everity of the sanctions imposed under the order. But a motion for reconsideration is a statutory remedy, permitted only where a proper showing is made, and the defendants have not made such a showing here. Even were the court to address the issues raised, none have merit. As the Discovery Referee pointed out in his statement as to why issue sanctions should be imposed for the repeated discovery abuse, the defendants have consistently acted as th...
2022.03.17 Motion for Summary Judgment, Adjudication 267
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.03.17
Excerpt: ...ally, from the prior motion. It is agreed that no one knows when the leak occurred, what caused it, and who caused it. What the available evidence does show is that when the area was opened up to find where the leak was, the pipe was found cracked and leaking and an electrical conduit was found being used to funnel water escaping from the leak to a nearby bog. It is also undisputed that after the pipe was first installed an electrical line was in...
2022.03.17 Motion for Reconsideration 787
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.03.17
Excerpt: ...utory premise for reconsideration. The court is consonant of the severity of the issue sanctions imposed by the making of Recommendation No. 11 an order. But reconsideration is a statutory remedy, permitted only where a proper showing is made, and the defendants have not made it here. Even were the court to address the issues raised, none have merit. As the Discovery Referee aptly pointed out in his statement as to why issue sanctions should be i...
2022.03.17 Demurrer 798
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.03.17
Excerpt: ...and the trust deed was valueless because it was subordinated to a first trust deed that was for more than the property was worth. The plaintiff asserts it was defrauded into purchasing (in a non-judicial foreclosure sale) a subordinated, and worthless, trust deed because of the misrepresentations. The Basis for Defendant's Demurrer Most of the issues raised by the demurrer (the causes of action are duplicative of the second and third, plaintiff c...
2022.03.03 Motion for Summary Judgment, Adjudication 812
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.03.03
Excerpt: ... appears that Tyner and Dubrovski are only charged in the third and fourth causes of action for retaliation against the plaintiff for requesting accommodations, and for creating a hostile work environment in violation of FEHA. As to the third cause of action, the plaintiff has raised a triable issue of material fact: she claims her termination was in retaliation to her request for a leave of absence, which could be considered a protected activity...
2022.03.03 Motion for Summary Adjudication 523
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.03.03
Excerpt: ...en. It provided undisputed evidence that the defendant asked for the ring; she knew she either had to pay for it or return it; the defendant did not pay for it and did not return it, claiming it had been misplaced in the house; and the diamond ring was CGL appraised at over $62,000. Without providing a declaration in opposition or a statement of disputed and undisputed facts (in violation of the Rules of Court), the defendant argues summary adjud...
2022.03.03 Motion for Summary Adjudication 344
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.03.03
Excerpt: ...The court exercised its discretion after reviewing the file and how the issues in the case affected those parties and the duty-to-defend question. Thus, the mere fact that the court denied the other motion is not necessarily informative here. The court must again review the issues in light of where the case stands now as to these parties. As a preliminary matter, at the end of its points and authorities in opposition Ninyo & Moore suggests it nee...
2022.02.17 Motion to Quash Deposition Subpoenas 040
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.02.17
Excerpt: ... subpoenas appear to be identical and the arguments raised are the same as to each, the court intends to overlook the procedural problem and rule on the merits this time. Inadequate Meet and Confer The parties did not engage in a meaningful meet and confer as required by the discovery statutes. True, they had an oral conversation. But it is clear from the declarations that they did not engage in the type of meet and confer that is contemplated by...
2022.02.17 Motion to Continue Trial 083
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.02.17
Excerpt: ...ture of the action, the fact that the plaintiff's deposition has been, or should be, completed shortly (Query: Was it taken February 8?), and the court's lighter calendar in April and much heavier calendar in June of 2022. In its reply, defendant Prompt Delivery continues to fault the plaintiff's counsel for failing to notify it timely of the prior trial date. Given the defendant filed its answer to the complaint on October 8, 2020 (ROA 10)—wit...
2022.02.17 Motion for Summary Adjudication 797
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.02.17
Excerpt: .... Moreover, there is evidence from Jonathan Reynolds, an employee of cross-defendant Van Nuys Sheet Metal, that he did not sign the ticket until after the incident, and there is deposition testimony of Charles Kent, the Person Most Knowledgeable from Van Nuys Sheet Metal, that there was a custom and practice regarding the signing of these tickets which was not followed that night. If the ticket was not signed by an authorized agent, or was not si...
2022.02.17 Demurrer, Motion to Strike 332
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.02.17
Excerpt: ... the opposition thereto. Demurrer A. First through Fifth Causes of Action The First Cause of Action is for Violation of the Fair Employment and Housing Act (“FEHA”). It alleges that the defendants discriminated against the plaintiff “based on gender, race, pregnancy and/or disability/perceived disability.” Each of the next four causes of action also allege violations of FEHA. The Second Cause of Action is for “harassment based on gender...

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