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2022.12.15 Motion for Summary Judgment 694
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.12.15
Excerpt: ...ty. The driver of an automobile turned left turn in front of the officer's motorcycle. Plaintiff filed for worker's compensation benefits from his employer, the City of Los Angeles. The City paid out a gross total of $190,320.54. The total paid to the plaintiff was $130,080.53—which included benefits of $112,012.95 and temporary disability benefits of $12,991.58. Later, he was paid permanent disability benefits of $76,560. From this award, the ...
2022.12.15 Demurrer 478
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.12.15
Excerpt: ...omplaint alleges that the insurance contract provides coverage for certain sudden and accidental discharges of water. It quotes the applicable section. Given the complaint alleges the plaintiffs made a claim for water damage under their homeowner's insurance policy, quoting that one provision within the insurance contract is sufficient for pleading purposes. The demurrer also argues that the complaint does not state facts supporting its claim tha...
2022.12.01 Motion to Vacate Order Deeming RFAs Admitted 046
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.12.01
Excerpt: ...ting additional time to respond, the defendant never provided responses. The defendant did not file opposition to the motion. Nor did he appear at the hearing. At this point, the defendant was self-represented. On June 8, 2022, the defendant, still self-represented, filed a motion to set aside the order, claiming he had been unable to log in remotely to the May 12 hearing. He also claimed he had served responses to the Requests by e-mail the day ...
2022.12.01 Motion to Disqualify Counsel 475
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.12.01
Excerpt: ...em to argue that the court should exercise its inherent power under Code of Civil Procedure section 128, subdivision (a)(5), to disqualify counsel. (See In re Complex Asbestos Litigation (1991) 232 Cal.App.3d 572, 575.) The argument is that Zeutel cannot represent both the owner (Mu) and the real estate agent (Milne) because Mu should be suing Milne based on an alleged misrepresentation as to the condition of the property. In short, the suggestio...
2022.12.01 Motion to Compel Arbitration 017
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.12.01
Excerpt: ...n the dealer was later dismissed, the motion for change of venue was (for reasons which are unclear) withdrawn. The argument for change of venue was—in part—that defendant Sacramento Chrysler Dodge Jeep Ram was the place where the repairs were made and is the principal address of the dealer. Moreover, the contract was entered into in Sacramento County and neither plaintiff resides in Orange County Those facts appear to be undisputed. The “u...
2022.12.01 Demurrer 014
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.12.01
Excerpt: ...LRS, Inc., to collect from the plaintiff the claimed debt. The basis of the complaint is simple: The debt collector furnished false information about the debt (the false information is that there is a debt) to a credit reporting agency in violation of Civil Code section 1785.25. The defendant accounting agency is liable for the furnishing of the false information because it “authorized” the debt collector to furnish the false information (i.e...
2022.11.28 Motion to Amend
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.11.28
Excerpt: ...have been the subject of discovery, and were the subject of a prior motion under CCP §3295. While Defendants could have challenged the complaint by demurrer or motion to strike, it filed an answer, and later filed an amended answer, neither of which mentions CCP §425.14. Indeed, when Plaintiff sought an order permitting financial discovery for purposes of punitive damages in July of 2021, Defendants likewise failed to cite the statute. The Cour...
2022.11.28 Motion for Terminating Sanctions, Monetary Sanctions
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.11.28
Excerpt: ...rocess,” such as “[f]ailing to respond or to submit to an authorized method of discovery” or “[d]isobeying a court order to provide discovery.” (C.C.P. §§ 2023.010; 2023.030.) C.C.P. § 2031.310(i) provides that if a party fails to obey an order compelling further responses to request for production of documents, the court may make those orders that are just, including the imposition of an issue sanction, an evidence sanction, or a te...
2022.11.28 Motion for Leave to File Amended Complaint
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.11.28
Excerpt: ... to add a claim for punitive damages. “(a)(1) The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse pa...
2022.11.28 Demurrer
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.11.28
Excerpt: ... there is no ground for general demurrer.” (Roman v. County of Los Angeles (2000) 85 al.App.4th 315, 324-325.) 1st cause of action for quiet title “The Legislature has not established a specific statute of limitations for actions to quiet title. [Citation.] Therefore, courts refer to the underlying theory of relief to determine the applicable period of limitations. [Citation.] An inquiry into the underlying theory requires the court to identi...
2022.11.17 Demurrer 240
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.11.17
Excerpt: ...is when plaintiff began to sustain damages and therefore this action is time-barred. The plaintiff alleges it sought to purchase an insurance policy to protect it from lawsuits brought after the sale of the business for products it had manufactured prior to the sale of the business. It is alleged that an accident occurred in 2017 involving a product it had manufactured and that an action for personal injury damages was filed in Utah. It turned th...
2022.11.17 Motion for Summary Judgment, Adjudication 188
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.11.17
Excerpt: ...aller fonts, which make the papers in violation of the Rules of Court. The court elects to overlook these procedural irregularities in order to address the merits. She also procedural irregularities with plaintiffs' evidentiary objections, as noted below. Plaintiffs' Request for Continuance The summary judgment motion was filed with an initial hearing date of May 12, 2022. It has been continued several times pursuant to Code of Civil Procedure se...
2022.11.17 Motion to Vacate Judgment 040
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.11.17
Excerpt: ...inion. The plaintiff filed this action in January 2015. The matter was tried to a jury in August 2017. Frost was awarded nothing. Her appeal from the judgment was dismissed when she failed to file a brief. Frost now claims, in essence, that she lost at trial because the defendant lied, and an important document was concealed from her and not introduced into evidence. It is unclear who actually concealed the document, but her suggestion is that it...
2022.11.03 Motion to Left Arbitration Stay and Impose Sanctions 085
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.11.03
Excerpt: ...urther order of the court. On June 23, 2022, the parties met with the arbitrator with the American Arbitration Association at an Arbitration Management Conference. On July 18, 2022, the arbitrator sent notice that the employer would be billed $66,000 for its arbitration services. On July 27, 2022, defendant employer advised the arbitrator that it would not pay the arbitration fees as it found them “commercially unreasonable.” It also expresse...
2022.11.03 Motion for Change of Venue 587
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.11.03
Excerpt: ..., and the residence of the buyer (now and at the time the subject vehicle was purchased) are all apparently located in Shasta County. The plaintiff pled venue as follows: He alleged he is a “resident of California,” without identifying his county of residence. He alleged he purchased a vehicle manufactured by FCA US, without identifying where he purchased it, and he alleged that FCA has its principal place of business in Michigan. He also all...
2022.10.27 Motion to Vacate or Modify Preliminary Injunction 007
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.10.27
Excerpt: ... city limits. The City filed this action to enforce the ordinance. Following a hearing, the court granted a preliminary injunction. The order, among other things, prohibits anyone from entering the space pending further order of the court. Forest Ridge is the landlord of the property. It states it wants to enter the premises in order to remove the current unpermitted tenant improvements and prepare the space for a future rental. It states that th...
2022.10.27 Motion to Strike Motion for Summary Judgment 161
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.10.27
Excerpt: ... civil action, and without advising him first of his Fifth Amendment rights. When the court became aware of this, it sealed the reporter's transcript. That sealing order remains in effect pursuant to the express terms of the sealing order. 2. Defendant Santa Ana Unified School District filed a motion for summary judgment which is scheduled to be heard January 19, 2023. 3. The plaintiff moved to strike the summary judgment motion—which is the mo...
2022.10.27 Motion to Quash 671
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.10.27
Excerpt: ... scope and extent of August's representation based on the limited information/evidence that was provided by the parties. (See ROA 41.) However, the court notes that attorney Kenneth August has attached a declaration to his recently-filed Response to Motion in which he affirmatively states that he “and his firm were retained for the sole and specific purpose of providing advice and counsel to Danny Ryan related to the transaction at issue in thi...
2022.10.27 Motion to Arbitrate 311
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2022.10.27
Excerpt: ...e motion is whether a vehicle manufacturer may enforce an arbitration provision in a sales agreement between a buyer and the dealer in a “Lemon Law” case brought pursuant to statute. The leading case in state court is Felisilda v. FCA US, LLC (2020) 53 Cal.App.5th 486. It held that a manufacturer may enforce the arbitration provision (if the language includes third parties within its terms), even though the manufacturer is not party to the ag...
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-...

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