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2024.05.28 Demurrer, Motion to Strike 410
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.28
Excerpt: ...ositions, and replies, and renders the following tentative decision. I. Statement of the Case Petitioner FTC commenced this proceeding on December 5, 2023. On February 23, 2024, FTC filed the FAP, the operative pleading, which alleges ten causes of action for declaratory relief and/or mandamus. The verified FAP alleges in pertinent part as follows. A. Pertinent Facts As a California non -profit public benefit corporation, FTC's mission is to prom...
2024.05.23 Motion for Reconsideration 089
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.23
Excerpt: ...the following tentative decision. A. Statement of the Case Petitioner Dawson commenced this proceeding on January 10, 2024. The Petition alleges in pertinent part as follows. The Housing Authority was made aware of Dawson's claim as early as April 12, 2023. Pet., ¶2. There were 31 or more communications between Dawson's attorneys and claims adjusters for the Housing Authority between April 12, 2023 and October 4, 2023. Pet., ¶2. The City is cla...
2024.05.23 Motion for Attorney Fees 720
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.23
Excerpt: ...ered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Watson filed the Complaint against the City on May 6, 2019. The operative pleading is the Fourth Amended Complaint (“4thAC”) filed January 31, 2023, alleging claims for (1) declaratory relief and (2) traditional or administrative mandamus. The 4thAC alleges in pertinent part as follows. Watson is a devel...
2024.05.23 Demurrer 382
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.23
Excerpt: ...e Case Petitioner Okon filed the Petition against the CUIAB on December 4, 2023. The Petition alleges in pertinent part as follows. Okon appeals from her being liable for repayment of $5400 in benefits. The decision stated that she should provide clarification of a birthdate discrepancy, as well as a birth certificate or amended document, and submit it with her appeal. Sh e has finally received an amended passport and can now prove her identity t...
2024.05.23 Petition for Writ of Administrative Mandamus 905
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.23
Excerpt: ...ers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition On August 11, 2023, Petitioner Abad -Santos filed the Petition against Respondent Medical Board for writ of administrative mandamus. The Petition alleges in pertinent as follows. Abad-Santos is a practicing psychiatrist, licensed in the State of California since 2008. Pet., ¶¶ 1,6. On or about March 1, 2022, an Accusation was filed aga...
2024.05.21 Petition for Traditional Writ of Mandate 248
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.21
Excerpt: ... decision. A. Statement of the Case 1. Petition Petitioners Mosco filed the Petition on July 12, 2022 against Respondent County, alleging causes of action for violation of (1) California Constitution art. I, section 3(b) and (2) the California Public Records Act (Government [1] Code §6250, et seq .). The Petition alleges in pertinent as follows. On October 3, 2021, Los Angeles Sheriff Department (“LASD”) deputies from the Santa Clarita Stati...
2024.05.21 Motion to Dismiss 194
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.21
Excerpt: ...��). The court has read and considered the moving papers and reply (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Petition On September 25, 2023, Plaintiff/Petitioner Constant filed the Petition against City, alleging causes of action for (1) violation of California Environmental Quality Act (“CEQA”) and (2) declaratory relief. The Petition alleges in pertinent part as follows. Constant is ...
2024.05.16 Petition for Writ of Mandate 230
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.16
Excerpt: ...d County's objection, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Broadway filed the Petition for administrative mandamus against Respondent County on September 5, 2023. The Petition alleges in pertinent part as follows. Broadway holds title to the real property and improvements located at 7520 S. Broadway, Los Angeles, CA 90003 (the “Property”). Pet., ¶ 1. Respondent County operates the Depa...
2024.05.14 Motion to Vacate or Correct Arbitration Award, Petition to Confirm Arbitration Award 001
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.14
Excerpt: ... the Arbitration Award in its favor. The court has read and considered the moving papers, oppositions, and replies, and renders the following tentative decision. A. Statement of the Case 1. First Amended Petition Petitioner Key commenced this proceeding on September 13, 2021. The operative pleading is the First Amended Petition (“FAP”), filed on April 18, 2022 against Association and Land Mark Electric, Inc. (“Land Mark”) and alleging cla...
2024.05.14 Application for Preliminary Injunction 402
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.14
Excerpt: ... injunction to enjoin Defendant Counter Brands, LLC (“Counter Brands”) from enforcing its non- solicitation clause against former consultants and current consultants to the extent that they are soliciting other consultants for a non -competing b usiness. The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiffs filed this action on...
2024.05.09 Motion to Correct or Augment Administrative Record, Petition for Writ of Mandate 605
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.09
Excerpt: ...y of Angeles (“LAHD”) to set aside the LAHD General Manager's decision approving a Tenant Habitability Plan (“THP”). Petitioner Ouyang separately moves to correct/augment the administrative record. The court has read and considered the moving papers, oppositions, and replies, and renders the following tentative decision. A. Statement of the Case 1. First Amended Petition Petitioner Ouyang commenced this proceeding on February 27, 2023. Th...
2024.05.09 Motion for Reconsideration 872
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.09
Excerpt: ... and Karen Betancur 's demurrer without leave to amend. The court has read and considered the moving papers and opposition (no reply was filed), and renders the following tentative decision. A. Statement of the Case 1. The Petition Petitioner Richter filed the Petition against Respondents and Real Parties -in -Interest Ariela Lousky (“Lousky”) and Universal Home Design, Inc. (“Design”) on October 17, 2023, alleging (1) traditional mandamu...
2024.05.07 Demurrer, Motion for Leave to Amend 207
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.07
Excerpt: ...“TAP”). The court has read and considered the moving papers, oppositions, and replies, and renders the following tentative decision. A. Statement of the Case 1. The SAP Petitioners commenced this proceeding on November 29, 2022. On February 27, 2024, Petitioner filed the SAP, the operative pleading, which alleges causes of action for declaratory relief and/or mandamus. The verified SAP alleges in pertinent part as follows. a. Vacating the Pro...
2024.05.07 Petition for Writ of Mandate 481
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.07
Excerpt: ...a 30 -day suspension. The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. The Petition Petitioner LACMA filed the Petition against Respondent Commission on July 17, 2023, alleging one cause of action for administrative mandamus. The Petition alleges in pertinent part as follows. Petitioner County is a public entity and legal subdivision of the State ...
2024.05.07 Motion for Attorney Fees 795
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.07
Excerpt: ...om Respondents Dean Logan (“Logan”) and Office of the Los Angeles County Registrar -Recorder/County Clerk (collectively, “Registrar”). The court has read and considered the moving papers, opposition, reply, the supplemental moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. First Amended Petition Petitioner Committee filed this proceeding on October 18, 2022. The operative plead...
2024.05.02 Application for Writ of Possession 083
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.05.02
Excerpt: ...8W3DTXNED42881 (collectively, “Trucks”). The court has read and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff North filed the Complaint against Defendant Long on March 12, 2024, alleging (1) breach of written agreement; (2) account stated; (3) indebtedness; (4) conversion; and (5) claim and delivery. The Complaint alleges in pertinent as fol...
2024.04.30 Petition for Writ of Mandate 571
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.04.30
Excerpt: ...erest Employment Development Department (“EDD”), to schedule him for an in -person appointment. Additionally, Herrera asks the court to issue a cease -and -desist order to prevent the EDD from continuing to garnish Herrera's wages. The court has read and considered the moving papers, opposition, and reply, (and Herrera's April 22, 2024 Brief) and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Herrera...
2024.04.30 Application for Appointment of Receiver 651
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.04.30
Excerpt: ...(“Marquez”) obligations to Bank. The court has read and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Bank commenced this proceeding on December 4, 2023, against Respondent Marquez dba Marquez Denim Care as a Request for Order Appointing Receiver for the limited purpose of permitting entry and inspection of the Property, pursuant to Civil Co...
2024.04.18 Petition for Writ of Mandate 062
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.04.18
Excerpt: .... The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Shaw commenced this action on August 23, 2023, alleging a cause of action for administrative mandamus. The Petition alleges in pertinent part as follows. Shaw was a police officer with LAPD for approximately 19 years. He was accused of using anabolic steroids and engaging in a ...
2024.04.18 Application for Writs of Possession 713
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.04.18
Excerpt: ...d and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Bank filed the Complaint against Defendants National, Kindt, and Gleich, on December 4, 2023, alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges as follows. Defendants entered into a written Contract in which Bank's assignor would finance the purchase of the Vehi...
2024.04.18 Application for Writs of Possession 113
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.04.18
Excerpt: ...read and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff ABLT filed the Complaint against Defendants National, Kindt, and Gleich, on January 8, 2024, alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges as follows. Defendants entered into a written Contract in which they leased the Vehicle from ABLT's assignor. Defend...
2024.04.16 Petition for Writ of Mandate 316
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.04.16
Excerpt: ...rs the following tentative decision. A. Statement of the Case 1. Petition Petitioner Elemuren commenced this proceeding on July 5, 2023, alleging causes of action for administrative mandamus and breach of contract. The verified Petition alleges in pertinent part as follows. On July 26, 2020, while Elemuren was pursuing his degree for a Psychiatric -Mental Health Nurse Practitioner (“PMHNP”) and in good standing with CDU, a dispute arose regar...
2024.04.16 Demurrer 550
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.04.16
Excerpt: ...ng tentative decision. A. Statement of the Case 1. The Petition On September 25, 2023, Petitioners Smatas and Lintz filed the verified Petition against Respondents City, Los Angeles Department of Building and Safety (“LADBS”), and the Board of Building and Safety Commissioners (“BBSC”). The Petition names Tanager and Berserker LLC (“Beserker”) as Real Parties-in -Interest and alleges claims for mandamus and declaratory relief. The Pet...
2024.04.16 Application for Writ of Possession 023
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.04.16
Excerpt: ...ecision. A. Statement of the Case 1. Complaint Plaintiff Bank filed the Complaint against Defendant Machado on December 19, 2023, alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges in pertinent as follows. Machado entered into a written Contract in which Bank's assignor would finance the purchase of the Vehicle, which was collateral. At all relevant times, Bank has been the holder of a first priority security inter...
2024.04.11 Petition for Writ of Mandate 618
Location: Los Angeles
Judge: Chalfant, James C
Hearing Date: 2024.04.11
Excerpt: ...from the date of his discharge until he is reinstated. The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Joy commenced this proceeding on February 28, 2023 against Respondent Commission, naming the County's Probation Department (“Department”) as Real Party -in- Interest. The Petition alleges in pertinent part as follows. The...

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