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2024.05.31 Motion to Compel Responses, to Designate PMQ to Produce Docs 182
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.31
Excerpt: ...duction of Documents, Set One; (4) Motion to Compel Supplemental Responses to Form Interrogatories, Set One; (5) Motion to Compel Respondent to Designate and Produce a Person Most Qualified and to Produce Documents Number One; (6) Motion to Compel Respondent to Designate and Produce a Person Most Qualified and to Produce Documents Number Two INTRODUCTION Petitioner California Policy Center, Inc. (“Petitioner”) filed this petition under the Ca...
2024.05.24 Motion for Preliminary Injunction 741
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.24
Excerpt: ...e accuracy of the Statement of Information on file with the Secretary of State. Petitioner alleges that Respondents “organized an unofficial and unauthorized 2023 National Convention in August 2023, wherein they elected a National Board of Directors and national officers (‘Fake Board and/or Officers').” (Petition, ¶ 1.) Petitioner alleges that the “fake” board and officers “seized access to BPS national checking accounts, . . . diver...
2024.05.24 Petition for Writ of Mandate 200
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.24
Excerpt: ...ent found that during the pandemic, Petitioner's normal pattern of earning a living was in commissioned sales and therefore she was ineligible for unemployment compensation benefits. An Administrative Law Judge (“ALJ”) affirmed that decision, and Respondent adopted the ALJ's decision. Petitioner seeks a writ of mandate compelling Respondent to set aside that decision. At the trial setting conference, the court scheduled the petition for heari...
2024.05.23 Motion for Preliminary Injunction, to Deposit Disputed Funds with Court 602
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.23
Excerpt: ...23. Then, on January 25, 2024, Maria Frias filed a first amended verified petition seeking appointment of a provisional director under Corporations Code section 308, determination of invalidity of certain actions, and injunctive relief. Maria Frias named Shaira Frias as a respondent and Luna Magic, Inc. (“Luna Magic”) as a nominal defendant. On February 20, 2024, Shaira Frias filed a cross -petition for removal of corporate director Mabel Fri...
2024.05.23 Application for TRO 279
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.23
Excerpt: ... connect their house to the existing driveway. Plaintiffs showed Defendant the plans in advance, and she signed next to a line stating “Agreed be.” (See Artuozo Neihule, ¶ 5 & Exh. 2.) Defendant observed the concrete work and indicated her satisfaction with the work, sending a text: “LOOKING soo goooood.” (See id., ¶ 16 & Exh. 7.) Then, after the work was completed, Defendant raised a concern that some of the new driveway fell onto appr...
2024.05.22 Petition for Writ of Mandate 982
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.22
Excerpt: ... mandate directing Respondent Kim Johnson, Director of the California Department of Social Services (“Respondent”), to set as ide an administrative decision denying Petitioner's claim for protective supervision and other services for Recipient under the In-Home Supportive Services (“IHSS”) program. At the trial setting conference, the court scheduled the petition for hearing on May 22, 2024, set a briefing schedule, and ordered the admini...
2024.05.20 Petition for Writ of Mandate 283
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.20
Excerpt: ...8, the City adopted Resolution 18-21, which authorized the staff to discontinue issuing recycling hauler licenses, establish a single license for haulers of refuse and recycling services, and require all haulers to pay a license fee of 1 1 percent of gross annual revenue. On March 7, 2018, the City notified Petitioner that it could continue serving its existing customers until no later than April 1, 2023, in accordance with the new licensing mode...
2024.05.20 Application for Writ of Possession and TRO 540
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.20
Excerpt: ...im Farivar, who was elected Chairman, as defendants. Then, on April 22, 2024, Beith David and Fahim Farivar filed a cross -complaint against Rafi Raz (President), Shlomo Sherif (Inspector #1), Hooman Moshe Gideon (the former caterer) and Ken Pezeshki (Vice Chairman #1). The cross- complaint asserts 21 causes of action. Now, the cross - complainants seek a writ of possession and temporary restraining order. Essentially, the cross- complainants see...
2024.05.17 Petition for Writ of Mandate 303
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.17
Excerpt: ... at 4904 4th Avenue in Los Angeles, California (the “Property”). The County conducted a tax sale on October 21, 2019, resulting in excess proceeds in the amount of $357,875.74. Barton then assigned her rights to Petitioner Global Discoveries Ltd. (“Petitioner”), which relied on the County's finding that Barton was the lawful owner of the property. Petitioner filed a claim for the excess proceeds, per Tax and Revenue Code section 4675. The...
2024.05.17 Motion for Judgment Notwithstanding the Verdict 698
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.17
Excerpt: ...t child abuse under Government Code section 815.6; and (2) The Eighth Cause of Action: Negligence under Government Code section 815.2. The jury found in favor of Defendant on the fifth cause of action, finding that the LAUSD did not violate its mandatory reporting duty under Penal Code section 11166. Now, Defendant moves for a judgment notwithstanding the verdict, arguing: (1) There is no claim for negligence because the jury found that the LAUSD...
2024.05.15 Demurrer to FAP for Writ of Mandate 754
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.15
Excerpt: ...er filed the first case (Case Number 23STCP02247) against the City of Compton and Trinidad Bravo (who is incorrectly identified as “a Planning Technician for the City of Colton”). (First Amended Petition, ¶¶ 10-11.) On June 22, 2023, Petitioner submitted a Builder's Remedy application for the property located at 1601 West El Segundo Boulevard in Compton, California (the “Property”). (Id., ¶ 38.) Petitioner alleges that Trinidad Bravo r...
2024.05.14 Petition for Writ of Mandate 715
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.14
Excerpt: ... after he had been drinking heavily. Petitioner maintained that he was suffering from post -traumatic stress disorder (“PTSD”) stemming from his military service. The Chief of Police (the “Chief”) ordered a Board of Rights (the “Board”) hearing on three charges. The Board found Petitioner guilty and recommended a penalty of termination, which the Chief imposed. Now, Petitioner petitions for a writ of administrative mandate directing t...
2024.05.08 Demurrer 843
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.08
Excerpt: ...��OAH”) and Clothilde V. Hewlett in her official capacity as Commissioner of the Department of Financial Protection and Innovation of the State of California (the “Commissioner” or the “DFPI”) (collectively, “Respondents”). Atlas, an investment adviser, filed a Form ADV-W to withdraw its investment adviser registration as part of its plan to cease operations. However, the DFPI issued an order refusing to accept the surrender until i...
2024.05.08 Application for Writ of Attachment 695
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.08
Excerpt: .... PROCEDURAL HISTORY On December 12, 2023, Plaintiff filed the operative, first amended complaint (“FAC”) against Defendant for breach of service contract and common counts. Defendant has answered the FAC and also filed a cross- complaint for breach of contract. On January 25, 2024, Plaintiff filed the instant application for writ of attachment, and on May 2, 2024, Defendant filed its opposition. LEGAL STANDARD “Upon the filing of the compl...
2024.05.08 Petition for Writ of Mandate 283
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.08
Excerpt: ...ution 18-21, which authorized the staff to discontinue issuing recycling hauler licenses, establish a single license for haulers of refuse and recycling services, and require all haulers to pay a license fee of 1 1 percent of gross annual revenue. On March 7, 2018, the City notified Petitioner that it could continue serving its existing customers until no later than April 1, 2023, in accordance with the new licensing model. On October 2, 2018, th...
2024.05.08 Demurrer to Petition for Writ of Mandate 671
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.08
Excerpt: ...ainty. For the reasons discussed below, the FAP states a cause of action for mandate. Accordingly, the demurrer is overruled. SUMMARY OF PETITION As relevant to this demurrer, the FAP alleges the following: On October 10, 2022, the Artesia City Council passed, approved, and adopted City Ordinance No. 22- 929 for the zoning of cannabis businesses within the City. (FAP ¶ 15.) Pursuant to Artesia Municipal Code (“AMC”) section 3 -2.802(a)(3)(ii...
2024.05.08 Motion to Tax or Strike Costs 696
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.08
Excerpt: ...ral Town (“SORT”) filed a motion to tax these costs, arguing that they were incurred in connection with cross- complaints to which Petitioner was not a party. The motion is denied. PROCEDURAL HISTORY In its amended petition, Petitioner Save Our Rural Town (“Petitioner” or “SORT”) sought a writ of traditional mandate directing Respondent County of Los Angeles (“County”) to deposit with the court the full amount necessary to satisfy...
2024.05.03 Petition for Writ of Mandate 658
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.03
Excerpt: ...f her daughter, S.W. (the “Recipient” or “S.W.”). S.W. has cognitive impairment, autism, epilepsy, and Angelman Syndrome. Accordingly, S.W. is a client of Eastern Los Angeles Regional Center (“ELARC”) and has been placed on a Medicaid waiver. While S.W. was a minor, Petitioner applied for In-Home Supportive Services (“IHSS”) from the California Department of Social Services (“DSS”). A social worker from the County of Los Angel...
2024.05.03 Application for Writ of Attachment 237
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.03
Excerpt: ... damages. The Individual Defendants owned and operated Defendant Team MWB -LA, LLC (“MWB”). (Complaint, ¶ 17.) MWB operated the “Gym Sports Bar” in West Hollywood, California. (Id., ¶¶ 15-16.) MWB held a “California On -Sale General Public Premises [liquor] license.” (Id., ¶ 19.) The Gym Sports Bar rented space from Plaintiff. (Declaration of Richard Schmutzler, ¶ 2.) MWB closed the Gym Sports Bar during the pandemic, purportedly...
2024.05.01 Petition for Writ of Mandate 491
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.01
Excerpt: ...t” or the “Commission”) to set aside its decision (“Decision”) denying Petitioner's applic ation for an exemption from the Commission's coastal development permit (“CDP”) requirements to replace a portion of a lanai terrace structure (the “Lanai”) that is located on the beach at Petitioner's club. Petitioner contends that the Lanai was damaged as a result of severe winter storms in January 2023, and sought an exemption that appl...
2024.05.01 Motion to Stay, Compel Compliance 009
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.05.01
Excerpt: ...ict (the “District” or “Petitioner”) terminated Jose Martinez (“Martinez”), who worked as a security guard at the school, after he failed to comply with a resolution mandating all Distric t employees be vaccinated against Covid-19 by October 15, 2021. Martinez appealed his termination to the Personnel Commission of the District. Following a hearing, the Personnel Commission adopted the recommendation of the hearing officer and ordered...
2024.04.26 Motion to Find Communications are not Privileged 602
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.04.26
Excerpt: ...t protected by the attorney-client privilege. The motion is granted with respect to communications on or after April 12, 2022. The motion is denied with respect to communications before April 12, 2022. RELEVANT PROCEDURAL HISTORY On January 25, 2024, while represented by attorneys of Boyd Law APC, Petitioner filed the operative, first amended petition for appointment of a provisional director and for determination of invalidity of efforts to term...
2024.04.26 Motion to Discharge Writ of Mandate 844
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.04.26
Excerpt: ...9-1731 North Whitley Avenue (the “Project”) in the City. On December 1, 2021, the court (Judge Mitchell Beckloff) granted the petition on the grounds that City prejudicially abused its discretion in concluding that the Project qualified for the Class 32 in -fill development project exemption under CEQA. On May 27, 2022, the court entered a judgment in favor of Petitioner, and on June 22, 2022, the court issued a writ directing City to set asi...
2024.04.26 Application for TRO, OSC Re Preliminary Injunction 841
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.04.26
Excerpt: ...awfully terminated their agreement. Plaintiff seeks a temporary restraining order requiring Defendants to terminate their current parking manager and re- install Plaintiff as the parking manager pending trial. Plaintiff's ex parte application is denied because Plaintiff does not establish a reasonable likelihood of success on the merits or irreparable harm. BACKGROUND Plaintiff alleges as follows: For the last 60 years, Plaintiff and its affiliat...
2024.04.24 Petition for Writ of Mandate 504
Location: Los Angeles
Judge: Goorvitch, Stephen I
Hearing Date: 2024.04.24
Excerpt: ...r's driving privilege for one year. Petitioner argues that the DMV did not afford him due process, as required by California DUI Lawyers Association v. California Department of Motor Vehicles (2022) 77 Cal.App.5th 517. The DMV did not comply with the clear holding of this case, so the court grants this petition and remands this matter for a new hearing before the DMV. FACTUAL BACKGROUND On July 12, 2022, at approximately 11:55 p.m., Officer J. Di...

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