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2018.3.1 Motion to Stay or Dismiss Action 342
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.1
Excerpt: ...y enforce such a mandatory provision, unless it concludes that enforcing the mandatory forum selection clause would be unreasonable or unfair under the circumstances. The first question is whether there is a suitable alternative forum? The forum selection clause here sets venue of litigation in the courts of New York. But the defendant suggests the New York state courts will not take this matter because it does not rise to the $1 million threshol...
2018.3.1 Motion to Quash Subpoenas 186
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.1
Excerpt: ...ission of a separate statement is “so that no person is required to review any other document in order to determine the full request and the full response.” The court is aware that much of the information required by the separate statement is included within the motion, the declarations of counsel, and various documents attached to counsel's declaration. That said, the failure to submit a separate statement is a violation of the Rules of Cour...
2018.3.1 Motion for Leave to File Complaint 487
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.3.1
Excerpt: ...” the proposed second amended complaint when it was first presented. The filing was without legal authority, and thus the second amended complaint purportedly “filed” January 31, 2018, is STRICKEN. The plaintiff shall file the second amended complaint within 10 days. Motion to Compel Depositions The unopposed motion of plaintiff to compel the depositions of two non-party witnesses, Diem Vu and Ky Vu, are DENIED. The first problem is that th...
2018.2.22 Request for Protective Order 934
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.22
Excerpt: ...er conducting an evidentiary hearing, and pursuant to University rules and regulations, made recommendations to the Chancellor of the University about a grievance filed by the plaintiff. Those proceedings are subject to the deliberative process privilege. (See Labor and Workforce Development Agency v. Superior Court (2018) 19 Cal.App.5th 12.) The court finds that defendants have met their burden to show that the nondisclosure of the deliberations...
2018.2.22 Motion for Protective Order 172
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.22
Excerpt: ...and thus it would have to be denied pursuant to Code of Civil Procedure section 2025.410. (The court further notes that in ruling on the motion for a stay it is notruling on whether the attorney-client privilege applies under these facts. That is a bridge too far under these circumstances. (Finally, and most puzzling, the question the plaintiff corporation seems to pose by this legal malpractice litigation is this: Who owns it? This discovery dis...
2018.2.22 Motion for Attorney Fees 390
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.22
Excerpt: ...y fees in its complaint. In support of his argument, the defendant cites a case out of the Fourth District Court of Appeal, Division Three: Manier v. Anaheim Business Center Co. (1984) 161 Cal.App.3d 503. Whatever may have been the reach of Manier when it was first decided, more recent California Supreme Court precedent has effectively overruled it. (See, e.g., Sessions Payroll Management, Inc. v. Noble Constr. Co., Inc. (2000) 84 Cal.App.4th 671...
2018.2.15 Motion to Vacate and Set Aside Judgment 386
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.15
Excerpt: ...ice of the notice of ruling of the Case Management Conference (which set the court trial date) was filed showing service on defendant's counsel. Counsel's concern that he never received notice of trial does not carry much weight given the presumption of Evidence Code section 664 and the fact it appears he elected not check the court's file for over five months after the answer was filed, but did, serendipitously, check it on December 27, 2017, th...
2018.2.15 Motion to Substitute Successor Trustee 683
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.15
Excerpt: ...gs. The plaintiff shall give notice. ...
2018.2.15 Motion to Set Aside and Vacate Default Judgment 244
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.15
Excerpt: ... motion states it is only being brought by defendant Gladys Ross. Which is it?) The motion is legally ineffective because Code of Civil Procedure section 663 is inapplicable in situations where, as here, the allegation is that the proof of service was not adequate. Section 663 applies where the default judgment exceeds the prayer or is entered without a required statement of damages. (Weil & Brown (TRG 2017) Civil procedure Before Trial, Para. 5-...
2018.2.15 Motion to Compel Arbitration 787
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.15
Excerpt: ...intiff also asserts the agreement is uncertain because it requires the plaintiff to send any claim to an unnamed vice-president by registered or certified mail. But she fails to show how this is critically uncertain or how she was in any way prejudiced by the alleged uncertainty. Finally, the plaintiff asserts the agreement violates element five of the holding in Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83. But s...
2018.2.15 Motion for Summary Judgment 099
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.15
Excerpt: ...does not add “M.D.” or anything similar after his name. In response, the defendant presented evidence from the Board that Mr. Reeder is not a physician licensed to practice in the State of California. Without any competent evidence of medical malpractice the plaintiffs have no claim. (The court further notes that the plaintiffs' opposition did not comply with the applicable Rules of Court.) The objections of the defendant are SUSTAINED. The d...
2018.2.15 Demurrer 953
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.15
Excerpt: ...vative or individual claims is debatable. But the Cross-Complaint contains allegations of individual harm, and the court must accept those as true for purposes of a demurrer. As the court has previously noted (see Minute Order of October 19, 2017), this is a small, close-held corporation run by immediate family members. Allegations of harm to the corporation can also constitute harm to the individual cross-complainants. (See, e.g., Goles v. Sawhn...
2018.2.15 Demurrer 835
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.15
Excerpt: ... seventh cause of action for fraud still does not plead sufficient facts to show the alleged representations. At best, the plaintiffs ask the court to assume that Eggert made misrepresentations to Progressive Insurance in order to be placed on the list of approved repair facilities. But it is unknown whether any fraudulent statements were made, what they were, or whether Progressive even relied on them in designating Central Valley RV Repair as a...
2018.2.8 Motion to Determine Good Faith Settlement 477
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.8
Excerpt: ...attorneys' lien has priority over the liens recorded by Liberty Mutual Insurance Company and Commercial Bank of California on November 10, 2016, and January 17, 2017, as a result of the federal bankruptcy proceedings. (Waltrip v. Kimberlin (2008) 164 Cal.App.4th 517, 525 [“An attorney's contractual lien is created and takes effect when the fee agreement is executed,” and, “[w]here there are competing liens, the general rule is that, all thi...
2018.2.8 Motion for Summary Judgment 394
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.8
Excerpt: ...ion The first cause of action is for conversion. Plaintiff's claim is based on an allegation that the defendants “breached” the “50% ownership written contract.” “A person may not ordinarily recover in tort for the breach of duties that merely restate contractual obligations. Instead, ‘courts will generally enforce the breach of a contractual promise through contract law, except when the actions that constitute the breach violate a so...
2018.2.8 Demurrer 592
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2018.2.8
Excerpt: ...ts, and that the bone grafts might not hold the implants. These two facts are sufficient to state a cause of action for lack of informed consent. Defendants also assert that this cause of action is duplicative of the first cause of action for dental malpractice, and as such, the demurrer should be sustained. The argument is unpersuasive: The first and second causes of action are distinct in that they allege different conduct. Moreover, they are s...

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