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390 Results
2024.03.28 Motion to Tax Costs 600
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.28
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.28
Excerpt: ... on appeal and thus it is entitled to its costs so l ong as those costs were timely requested and are allowable. In its opposition, filed the same day, defendant states that, “Hussein has indicated he does not challenge Defendants appellate cost bill.” But, in Hussein's reply, he iterates that he does chal lenge defendant's right to costs on appeal. He iterates that defendant “forfeited” its right to those costs because it failed to fil...
2024.03.28 Discovery Motions 875
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.28
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.28
Excerpt: ...d, and (3) it has filed a separate motion for a stay that has not yet been heard. The four discovery motions (ROAs 60, 64, 68, and 72) are GRANTED. Defendant is ORDERED to serve verified responses within 15 days. Sanctions are ORDERED against defendant and its counsel, joint and several, in the amounts requested in th e motions, payable to the plaintiff within 15 days. The defendant's request for sanctions is DENIED. Procedural Background The c...
2024.03.28 Motion for Permission to Maintain Action Under Pseudonym 171
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.28
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.28
Excerpt: ...ditions that the defendants caused, (c) she is concerned t hat she will be blackballed in the industry for suing her prior employer, and (d) defendants are trying to obtain a litigation advantage by making her disclose her real name, and they are seeking to shame and embarrass her. Code of Civil Procedure section 367 provides that an action “must be prosecuted in the name of the real party in interest, except as provided by statute.” Plaintif...
2024.03.21 Motion to Compel Deposition of PMQ 952
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.21
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.21
Excerpt: ...ion).” But the reply attempts to mislead the court and ob tain discovery plaintiff's counsel knows this court has denied in prior cases. Indeed, and contrary to its initial assertion, this motion is all about the request to produce all the documents in the General Motors universe about the Silverado vehicle. Th e final sentence of the reply gives the game away: “Based on the foregoing, GM must be ordered to produce its PMQ for deposition on ...
2024.03.21 Motion to be Relieved as Counsel, for Determination of Good Faith Settlement 475
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.21
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.21
Excerpt: ...lves a high - end residential lease. Plaintiffs filed a 12-count complaint against the property owner, Yuan Mu, real estate agent Nancy Milne, and Ascendant International, Inc., dba Re/Max Luxury Properties. It includes causes of action for breach of contract, common counts, fraud, and dec laratory relief. Plaintiffs complain that the house they rented had numerous issues and Yuan Mu refused to fix them. Yuan Mu filed a 13 -count cross -compla...
2024.03.21 Motion for Summary Judgment, Adjudication 926
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.21
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.21
Excerpt: ...omplaint was filed May 26, 2020. (ROA 2. ) The motion for summary judgment is supported by the declaration of John Battista, a licensed Certified Access Specialist (CASp). He visited the shopping center on May 20, 2022, and found various violations of the Americans with Disabilities Act and the Uniform Building Code, which he detailed in his report. In opposition to the motion, defendant filed a declaration from Jong Park, also a licensed CASp...
2024.03.21 Motion for Judgment on the Pleadings 223
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.21
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.21
Excerpt: ...ings is based on the claim that there is no statutory ba sis for the claim and therefore no cause of action can be stated against the City under Government Code section 815. A motion for judgment on the pleadings serves the same basic purpose as a demurrer. It asks the court to determine whether as a matter of law a cause of action has been stated. (See Tung v. Chicago Title Co. (2021) 63 Cal.App.5th 734, 743- 744.) However, it may not be used as...
2024.03.14 Motion to Remand Case from Arbitration 668
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.14
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.14
Excerpt: ...ntional Infliction Emotional Distress 8. Mental Disability Discrimination 9. No Reasonable Accommodation/Mental Disability 10. Failure to Pay Wages When Due In the complaint, she mentioned the term “sexual harassment” in paragraphs 11, 15- 16, 22, 40, 57- 59, 78, 81-84, 122, 128- 129, and 146. The claims of sexual harassment are general. They are for the most part non -specific. She alleges she was sexually harassed by two non - employees w...
2024.03.14 Demurrer, Motion to Strike 132
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.14
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.14
Excerpt: ...tion to strike was continued to this date because the parties had fail ed to engage in a proper meet and confer. It does not appear that defendant's counsel has taken advantage of this extended time to comply with its obligations under the statutes. Accordingly, the court sets an Order to Show Cause re Sanctions against def endant's counsel. The hearing is set for April 11, 2024, at 8:30 am. Any declaration in response shall be filed at least �...
2024.03.07 Motion to Permit Filing of Roe Amendment 267
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.07
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.07
Excerpt: ..., as a Roe defendant was filed only on February 9, 2024. Moe has been an active defendant since the beginning of the case. Moreover, this case has been actively litigated by all parties as evidenced by the discovery propounded, the law and motion practice, and the many cross -complaints which have been filed. There have also been suggestions that the scope of the case has expanded tremendously over the years. On the one hand, waiting over seven...
2024.03.07 Motion to Continue Trial 074
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.07
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.03.07
Excerpt: ...n of the motion. To assist the parties in resolving the matter i nformally, the court would offer the following thoughts. The court notes that the motion is procedurally improper on numerous grounds. It does not, for example, specify the time, place, manner, scope, and nature of the examination in accordance with the requirements of Code of Civil Procedure section 2032.310. Nor does it comply with the California Rules of Court that govern motion ...
2024.02.29 Motion to Compel Arbitration 359
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.29
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.29
Excerpt: ...�lessee,” and Norm Reeves Honda Superstore is identified as “les sor (dealer).” Below that, in a separate area, it states that, “‘Lessor' refers to the Lessor (‘Dealer') named above and Assignee,” which is identified as “Honda Lease Trust.” Pertinent here, paragraph 15 on the first page of the agreement states that “p arties agree that any unresolved disputes shall be submitted to arbitration in accordance with the Arbitrat...
2024.02.22 Demurrer 482
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22
Excerpt: ...ssues. They allege the sellers also failed to disclose other substantial defects t hey knew about, but that the plaintiffs were only able to discover during a remodel. The demurring defendants are the real estate agents for the sellers. A real estate agent may be held liable for misrepresentation if the agent knew of the issue and did not disclose it. (Lingsch v. Savage (1963) 213 Cal.App.2d 729, 736.) The general allegations of misrepresentation...
2024.02.22 Motion to Quash 243
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22
Excerpt: ...f Costco and Jewell is a Director thereof, that does not in an d of itself establish personal jurisdiction over them for acts taken by the corporation. (See Calder v. Jones (1984) 465 U.S. 783, 790.) Plaintiff complains he was sickened by a hotdog he ate at one of the Costco stores. He also complains that the membe rs of the Board of Directors did not do anything when he advised them about what had happened and the failure of the corporation to t...
2024.02.22 Motion for Change of Venue, to Compel Further Responses 297
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22
Excerpt: ...hen she was hit by a tightly rolled -up T -shirt fired into the crowd by a T -shirt cannon from one of the boats. The complaint alleged that venue is proper here because defendants either live or do business in Orange County and the tortious acts occurred in this county. On June 20, 2023, Sonia Atkins was su bstituted into the case as a self -represented litigant. (ROA 67.) Her husband, Christopher Atkins was admitted into the case as a party pl...
2024.02.22 Motion to Compel Further Responses 361
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.22
Excerpt: ... request for accommodation to work remotely. Defend ant's request for production of documents no. 10 asks for all posts she has made on her social media accounts concerning this lawsuit or the complaint. The plaintiff effectively concedes this request is proper and may lead to the discovery of admissible e vidence. Indeed, her opposition to the motion does not even address it. Request no. 11 asks for all posts she has made on her social media acc...
2024.02.08 Motion to Strike 599
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.08
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.08
Excerpt: ...e same generic claims that have been deemed legally insu¯icient. (See, e.g., Taylor v. Superior Court (1979) 24 Cal.3d 890.) The Þrst amended complaint makes the same generic factual allegations but now also alleges that the defendant was convicted of driving under the inßuence of alcohol in 2015 and was given a “Watson advisement” as required by Vehicle Code section 23593. A Watson advisement informs the defendant that: “You are hereby...
2024.02.08 Motion to Quash Deposition Subpoena 587
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.08
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.08
Excerpt: ...es that a proper meet and confer was held to resolve the matter. That said, the court concludes that judicial economy—this is the second time the motion has been here—to move forward based on the limited information it has. This is a personal injury case. Plainti¯ asserts she fell on her side and head from a height of three feet. The motion to quash is generic. It simply argues that the disclosure of medical records would invade plainti¯'...
2024.02.08 Motion for Attorney Fees 853
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.08
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.08
Excerpt: ...d out at $525 per hour; and the paralegal is billed out at $250 per hour. Those (alleged) billing rates are substantially above the attorney fee rates in the local Orange County legal community for the same or similar work. Even the most experienced Lemon Law attorneys in this community are not awarded fees based on such billing amounts, except in complex cases that require experience. The standard attorney fee rate for non-complex cases runs at ...
2024.02.01 Motion for Summary Judgment, Adjudication 241
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.01
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.02.01
Excerpt: ...ad problems with it, he brought it into Ken Grody Ford for repairs. Unhappy with the results, plainti¯, with the assistance of counsel that specialize in Lemon Law cases, sent a letter dated February 28, 2022, outlining the problems and demanding that Ford repurchase the truck. (See Exh. “5.”) The matter settled pre-litigation. On July 13, 2022, plainti¯ and Ford Motor Company entered into an agreement that provided that Ford would pay pl...
2024.01.25 Motion to Tax Costs 631
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.25
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.25
Excerpt: ...endant conceded that the costs entered on lines 3 and 4 (Item No. 4 is for depositions) were supposed to be on lines 4 and 5 (Item No. 5 is for service of process). In its discretion, the court allows the amended cost bill to be filed as the original memorandum of costs contained clear errors. There is no prejudice to any party in allowing an amended cost bill as the numbers themselves have not changed. They are just now in the correct column. Th...
2024.01.25 Motion to Tax Costs 207
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.25
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.25
Excerpt: ...rcycle brakes had failed but lost. The court notes that during trial, Achstein called an eyewitness who was driving a short distance behind the motorcyclist. He stated that when defendant Kroeger made her left-hand turn, the motorcyclist "didn't have a chance." The achon against the "Suzuki" defendants was based on a theory that the motorcycle brakes had failed due to a manufacturing defect and that brake failure was the basic cause of the accide...
2024.01.25 Demurrer 156
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.25
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.25
Excerpt: ...tions for actions not taken in 2018, the action appears to be time-barred. To the extent the statutory claims address actions not taken in 2023, the action appears to be timely. Other claims are addressed below. First Cause of Action—Civil Code section 2923.5 The first cause of action alleges a statutory violation by recording the notce of default in 2018 without complying with the statute. The notice of default was recorded August 20, 2018, bu...
2024.01.25 Demurrer 109
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.25
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.25
Excerpt: ... the property in 2013. Leaks observed in 2015 and 2018 were repaired by the landlord. Plaintiffs allege they began suffering various physical ailments in 2018 which they now claim results from the mold. A leak in 2020 was because a prior leak had not been properly repaired. A mold report ordered by the plaintiffs in April 2021 showed elevated levels of mold throughout the unit. Plaintiffs allege they moved out in July 2021. The complaint was file...
2024.01.18 Motions to Quash 243
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.18
Location: Orange County
Judge: Salter, Glenn R
Hearing Date: 2024.01.18
Excerpt: ...icolas Gonchar, a selfrepresented litigant, ate a hotdog at a Costco location, became ill, and that when he complained to Costco he was ignored. According to the declarations of these defendants, Raikes, Galant, and Jelinek are, and were at all relevant times, residents of the State of Washington. Denman is a resident of the State of Colorado. Raikes has no connection with California and does not consent to jurisdiction in this state. He has live...