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2024.01.11 Motion to Tax Costs 439
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.11
Excerpt: ...laintiff was clearly the prevailing party and is entitled to its costs of suit against Crew Salon, Inc. Novation is a defense here. Although defendants now wish to avoid that characterization, the testimony from the defendants was clear. Of course, if the defendants want to deny that a novation was properly alleged, then the judgment should be amended to state it is against the Gaglios in their individual capacity. The court reporter fees are cle...
2024.01.11 Motion for Summary Judgment, Adjudication 161
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.11
Excerpt: ...exception of the word "duty," the defendant has not clearly stated precisely what cause of action, affirmative defense, or claim for damages it seeks to completely dispose of in the "issues" themselves as required by Code of Civil Procedure section 437c, subdivision (f)(l). Accordingly, the court declines to address the motion for summary adjudication of issues. As to the motion for summary judgment, there is only one cause of action pled in the ...
2024.01.04 Motions to Compel Discovery 471
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.04
Excerpt: ...iff on March 28, 2023. The defendant sent a letter to plaintiff's counsel October 2, 2023, demand-ng that the plaintiff serve responses. Plaintiff did not serve any responses, she did not respond to counsel's letter, and she did not file opposition to the motions. The motions are GRANTED. Plaintiff is ORDERED to serve answers, without objections, in 15 days. Sanctions of $1,500 are awarded jointly and severally against plaintiff and plaintiff's c...
2024.01.04 Motion to Unseal Deposition Transcript 161
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.04
Excerpt: ...ther, he was not timely advised of his Fifth Amendment rights during the deposition. Now that Pineda has pled guilty in the criminal matter, there do not appear to be any criminal matter impediments to the taking of a properly noticed deposition. Motion to Compel Examination of Plaintiff The motion of defendant Santa Ana Unified School District to compel plaintiff minor to submit to a psychological examination is GRANTED as modified. The plaintif...
2024.01.04 Motion to Compel Production of Redacted Portions of Communications 285
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.04
Excerpt: ....1346 [must serve motion on deponent].) The court is initially inclined to continue the motion to permit Bottorff to be properly served. The parties should be prepared to discuss whether Bottorff has or needs to be personally served. The main issue is this: Whether communicatons between Bottorff and representatives of The Regents are protected by the attorney-client and/or work product privilege. This is a thorny question under the facts. General...
2024.01.04 Demurrer 891
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.04
Excerpt: ...uted them to plaintiffs. The complaint seeks damages of over $253,000. The complaint raises six causes of action: 1. Breach of contract; 2. Negligence; 3. Intentional misrepresentation; 4. Negligent misrepresentation; 5. Unjust enrichment; and, 5. Money had and received. The complaint seeks monetary damages and exemplary damages for the alleged misrepresentations as to the status of the ERCs. The answer alleges the following affrmative defenses: ...
2024.01.04 Demurrer 338
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.04
Excerpt: ...far as it relates to the fourth cause of action for failure to prevent harassment. However, the law is clear that a supervisor cannot be held personally liable under FEHA for failing to prevent the alleged discrimination. (Fiol v. Doellstedt (1996) 50 Cal.App.4th 1318, 1326; see also, Raines v. U.S. Healthworks Medical Group (2023) 15 Cal.5th 268, 279- 280.) Demurrer (Blower- Dempsay) The demurrer of defendant Blower-Dempsay Corporation to the fi...
2024.01.04 Demurrer 217
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.04
Excerpt: ...ement of a proper meet and confer would not serve the intent of the code requirement. The first amended cross-complaint alleges four causes of action: breach of fiduciary duty, fraud, conversion, and breach of contract. The demurrer complains that the four causes of action are uncertain and therefore they each fail to state a viable cause of action. However, the alleged "uncertainties" are little more than challenges to the merits of the crosscom...
2024.01.04 Demurrer 173
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.04
Excerpt: ...ilding. But the contractor did not perform and was terminated. The association then hired Champion Construction Services to complete the project. Champion's demurrer to the original complaint was sustained with leave. Plaintiff filed a first amended complaint to which Champion has again filed a demurrer. The amended complaint has made several minor adjustments to the factual pleadings, but it has done little to address most of the key issues rais...
2023.11.16 Motion to Compel Deposition 550
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.11.16
Excerpt: ...d a person most qualified, and it properly objected to the scope and breadth of the propounded discovery. The defendant manufacturer states it is willing to turn over all documents related to the vehicle in issue—and has already done so. What it objects to is the overreach of the discovery requests, in terms of the numbers of discovery requests and the fact they relate to other vehicles and other dealerships. The PMQ, the Deposition Date, and T...
2023.11.16 Motion to Amend Complaint 297
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.11.16
Excerpt: ...position. (ROA 120.) In essence, it argued that the third amended complaint improperly seeks to add Christopher Atkins, the husband, as a plaintiff, because he did not file a Government Tort Claim; and it improperly seeks to revive a claim for infliction of emotional distress and to add a cause of action for loss of consortium for Christopher Atkins. The basic problem with the motion is that it is procedurally improper on numerous levels. Thus, i...
2023.11.09 Demurrer, Motion to Strike 217
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.11.09
Excerpt: ...esponses by cross-complainant Microwine Group, Inc., to Request for Production of Documents (Set wo) and for sanctions. Counsel for Xu concedes in a declaration filed November 2, 2023 (ROA 225) that counsel for Microwine Group, lnc„ served responses to the Request for Production of Documents on October 16, 2023. Xu contends, however, that the responses are not code compliant and therefore he refuses to withdraw the motion. The responses were se...
2023.11.02 Demurrer 834
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.11.02
Excerpt: ...ction of emotional distress, which is the subject of this demurrer. The key allegation is that plaintiff was visibly pregnant at the time of the accident, that the acc:ident caused her to hit her stomach into the steering wheel, and that caused her serious concerns for the health of her unborn child. To properly analyze whether a cause of acton for intentional infliction of emotional distress has been pled, the allegations of the third cause of a...
2023.10.26 Motion to Strike or Tax Costs 041
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.10.26
Excerpt: ...division defendant provides no evidence that shows these costs were unnecessary or unreasonable. Defendant has not met its burden. (Nelson v. Anderson (1999) 72 Cal.App.4th 111, 131.) Item No. 8 Defendant argues the $1,530 claimed for expert fees was unreasonable because Lemon Law plaintiffs do not need to present expert testimony to prevail. Its reliance on Oregel v. American Isuzu Motors, Inc. Cal.App.4th 1094 at page 1102, footnote 8, is mispl...
2023.10.26 Motion for Summary Judgment, Adjudication 839
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.10.26
Excerpt: ...n District. The first cause of achon is for racial discrimination. The second alleges retaliation. And the third complains that defendant failed to prevent the discrimination, harassment, and retaliation. On a moton for summary judgment and/or summary adjudication of issues brought by the employer in a case alleging employment discrimination, the court engages in a 3-step, burden-shifting process under McDonnell Douglas Corp. v. Green (1973) 411 ...
2023.10.26 Motion for Attorney Fees 790
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.10.26
Excerpt: ... entitled to attorney fees. The matter has since been reassigned to this department because Judge Marks has retired. It is this court's understanding that Judge Marks' retirement is official and that she will not be returning on assignment. Thus, this court may rule on the motion. The court has reviewed the minute order statement of decision, the judgment, and the papers filed by the parties in support of and in opposition. It is undisputed that ...
2023.10.05 Motion to Vacate Default, for Leave to File Complaint 894
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.10.05
Excerpt: ... filing an answer or a responsive pleading, Neil Nam Hoang, doing business as aest Home Construction and Repair, filed a Case Management Conference Statement on November 2, 2021. (ROA 39.) On March 9, 2022, the plaintiff and the court attempted to determine who was the proper defendant. It was suggested that Neil Nam Hoang was not a party, and that the named defendant, Best Home Construction and Repair, was a non-existent entity and that is why i...
2023.10.05 Motion for Summary Judgment, Adjudication 040
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.10.05
Excerpt: ...dules. That resulted in an over-reporting of plaintiff's income, causing him to pay more taxes than he owed. He also alleges the defendant intentionally concealed the error. When the California Franchise Tax Board made numerous audit inquiries, apparently to determine whether all California income was properly reported on the California returns rather than the returns of other states, defendant hid key documents that would have disclosed defendan...
2023.10.05 Motion for Reconsideration 633
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.10.05
Excerpt: ...Hoang alleges that the homeowner's association foreclosed on and then sold his condominium unit in a nonjudicial sale. It was sold, according to the association, for Hoang's failure to pay certain assessments. Defendants were the successful bidders and purchasers of the unit at the foreclosure sale. Hoang suggests that during this time he was overseas, and when he returned, he was unaware of the redemption period. This is an old case. Hoang filed...
2023.09.28 Motion to Dismiss 685
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.28
Excerpt: ...Thomas Marantz as the named defendant and Doe defendants. (ROA 7.) The gist of these allegations was that Thomas Marantz was the driver of the other vehicle that caused plaintiff's injuries. Thomas Marantz filed an answer to the complaint (perhaps unaware of the first amended complaint on file?) on May 11, 2022. (ROA 36.) Nowhere in his answer does he indicate he was not the driver. Indeed, his last affrmative defense—imminent peril—suggests ...
2023.09.28 Motion to Continue Trial 685
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.28
Excerpt: ...sted in Rule 3.1332(c) of the California Rules of Court. Here, no good cause has been shown. The complaint was filed February 9, 2022, for an accident that allegedly occurred on March 3, 2021. (ROA 2.) According to the complaint, plaintiff was walking along the sidewalk in a residential street when a branch from a tree that was being trimmed fell on her head. Defendant Douglas Landscape, Inc., filed its answer on April 21, 2022. (ROA 40.) Defenda...
2023.09.28 Motion to Compel Mental Exam 010
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.28
Excerpt: ...n issue by alleging in the complaint that he suffers and continues to suffer embarrassment, emotional distress, and mental anguish. He also seeks damages for "pain and suffering, and emotional distress." These allegations seek damages for what is more than garden-variety emotional distress. He makes the same requests in his responses to basic discovery requests. Courts generally do not issue orders compelling a mental examinaton of a party unless...
2023.09.28 Motion for Summary Judgment, Adjudication 905
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.28
Excerpt: ...re are no detectable warnings" as required under the Uniform Building Code. He alleged "the lack of an accessible path of travel (i.e., accessible route) at the Property is a violation of the Americans with Disabilities Act [l and therefore per se violation of the Unruh Civil Rights Act." (Italics in original.) Plaintiff has failed to meet his initial burden of proof and thus the motion must be denied. First, plaintiff does not establish that he ...
2023.09.28 Motion for Protective Order 694
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.28
Excerpt: ...t objection or a request for a protective order, and were used within the litigation and settlement process. The court has been advised that the matter has now "settled" but the parties are unable to consummate the settlement because the plaintiff is demanding that his medical records in the possession of defendant and defendant's counsel be destroyed. Defense counsel apparently refuses to agree to execute a protective order for various reasons, ...
2023.09.28 Motion for Attorney Fees 041
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2023.09.28
Excerpt: ...everly Consumer Warranty Act [l, are subject to abuse. Because Plaintiffs may recover their attorney fees from Defendant, Plaintiffs' attorneys have no incentive to keep their fees and costs to a reasonable minimum, or to exercise any judgment or restraint in the number of hours they bill. Despite the absence of any evidence that this case was in any way unusual, Plaintiffs claim they are entitled to $58,134.37 in fees, costs and expenses in a ro...

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