Excerpt: ...841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk that it has notified the opposi...

Excerpt: ...ndant Cara Goldberg's demurrer to the 4th cause of action is overruled and the demurrer to the 6th cause of action sustained with 30 days leave to amend. This FAC for (1) Dissolution, (2) Accounting, (3) Breach of Fiduciary Duty and Constructive Fraud, (4) Conversion, (5) Unfair Business Practices and (6) Conspiracy arises out of the operation and later 2019 distress sale of Plaintiff A#1 Services Heating and Air Conditioning, Inc.'s assets and g...

Excerpt: ...he Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a voice message to advise the clerk th...

Excerpt: ...oving papers (no opposition was filed), and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Lehigh commenced this action on July 8, 2020 against Defendants Las Dunas, Carlos, and Margarita Rodriguez (“Margarita”), alleging causes of action for (1) breach of written contract, (2) goods sold and delivered/agreed price, (3) open book account, (4) account stated, and (5) breach of personal guaranty. The C...

Excerpt: ... read and considered the moving papers and opposition, [1] and reply, and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Fyzz commenced this action on January 31, 2020 against Defendants Canton, Atmosphere LLC, Atmosphere Inc., and Cinelou Releasing, LLC (“Cinelou”), alleging causes of action for (1) breach of written contract, (2) breach of written guaranty, (3) breach of the implied covenant of goo...

Excerpt: ...1] and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Ahmadi commenced this proceeding on July 14, 2020, alleging a cause of action for administrative mandamus. The verified Petition alleges in pertinent part as follows. On May 7, 2019, the Board filed an Accusation against Ahmadi. The Accusation arose out of Ahmadi's care for Patient A and alleged four Causes for Discipline: (1) gross neglige...

Excerpt: ...s, Nos. 898725, 904024 and 1035079 (“Licenses”). The court has read and considered the moving papers, [1] opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioners commenced this proceeding on February 6, 2020, alleging causes of action for administrative mandamus and equitable estoppel and seeking the remedy of damages. The verified Petition alleges in pertinent part as follows. Pet...

Excerpt: ...oving papers (no opposition was filed), and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Lehigh commenced this action on July 8, 2020 against Defendants Las Dunas, Carlos, and Margarita Rodriguez (“Margarita”), alleging causes of action for (1) breach of written contract, (2) goods sold and delivered/agreed price, (3) open book account, (4) account stated, and (5) breach of personal guaranty. The C...

Excerpt: ... read and considered the moving papers and opposition, [1] and reply, and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Fyzz commenced this action on January 31, 2020 against Defendants Canton, Atmosphere LLC, Atmosphere Inc., and Cinelou Releasing, LLC (“Cinelou”), alleging causes of action for (1) breach of written contract, (2) breach of written guaranty, (3) breach of the implied covenant of goo...

Excerpt: ...1] and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Ahmadi commenced this proceeding on July 14, 2020, alleging a cause of action for administrative mandamus. The verified Petition alleges in pertinent part as follows. On May 7, 2019, the Board filed an Accusation against Ahmadi. The Accusation arose out of Ahmadi's care for Patient A and alleged four Causes for Discipline: (1) gross neglige...

Excerpt: ...onsidered the moving papers [1] (no opposition was filed), and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Pawnee commenced this action on August 11, 2020, alleging causes of action for (1) breach of written agreement, (2) breach of guaranty, (3) open book account, (4) reasonable value, (5) account stated, (6) indebtedness, and (7) unjust enrichment. The Complaint alleges in pertinent part as follows....

Excerpt: ...ion. A. Statement of the Case 1. Petition Petitioners Hobart and Brick Resurrection on Cherokee (“Cherokee”) commenced this proceeding on June 28, 2019. The operative pleading is the FAP filed by Petitioner Hobart [1] on August 31, 2020, which alleges causes of action for traditional mandamus, declaratory relief, and injunctive relief. [2] The verified Petition alleges in pertinent part as follows. Hobart is owner of the property located at 1...

Excerpt: ... Denise Brown, as director of the Department (“Director”) (collectively, “Bureau”) to set aside its decision issuing discipline against ETC. The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case Petitioner ETC commenced this proceeding on August 22, 2019, alleging a cause of action for administrative mandamus. The Petition alleges in pertinent par...

Excerpt: ... decision suspending his driving privilege. The court has read and considered the moving papers [1] and opposition (no reply was filed), and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Mendez commenced this proceeding on August 23, 2019, alleging a cause of action for administrative mandamus. The Petition alleges in pertinent part as follows. On August 27, 2019, Petitioner Mendez was detained by Offic...

Excerpt: ...t to CRC 2.551. The court has read and considered the moving papers, oppositions, [1] and reply, [2] and renders the following tentative decision. A. Statement of the Case 1. The Petition Petitioner Travelers commenced this proceeding on March 20, 2019, alleging causes of action for (1) administrative mandamus pursuant to Code of Civil Procedure (“CCP”) section 1094.5 and 10 CCR section 2509.76 and (2) declaratory relief. The verified Petitio...

Excerpt: ...enders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiffs commenced this action on April 29, 2020, alleging causes of action for: (1) fraud; (2) negligent misrepresentation; (3) breach of contract; (4) breach of warranty; (5) construction defect (strict liability); (6) negligence; and (7) unfair business practices. The Complaint alleges in pertinent part as follows. On December 26, 2017, the Merrimans agreed to buy...

Excerpt: ...Roberti Law (Govt. Code §§ 54235 to 54238.9) and Roberti Regulations (21 California Code of Regulations (“CCR”) §§ 1475-91). The court has read and considered the moving papers, opposition, [1] and reply, and renders the following tentative decision. A. Statement of the Case Petitioners commenced this proceeding on August 27, 2019 against Respondents Caltrans and the Office of Administrative Law of the State of California (“OAL”). The...

Excerpt: ... 1. Petition Petitioner SNP commenced this proceeding on April 20, 2020, alleging a cause of action for administrative mandamus. The verified Petition alleges in pertinent part as follows. On March 17, 2016, Deputy Labor Commissioner John Deleon ("Deleon") allegedly conducted an inspection of SNP's facility located in the City of Industry. Deputy Labor Commissioner Alina Nasatir ("Nasatir") eventually took over the investigation from Deleon and s...

Excerpt: ... [1] (no opposition was filed), and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Ally commenced this proceeding on July 20, 2020, alleging causes of action for (1) claim and delivery of personal property, pre-trial writ of possession, and order directing transfer of personal property and restraining order and (2) money due on a contract. The Complaint alleges in pertinent part as follows. Prior to the ...

Excerpt: ...eles, California 90010 (APN 5090-019-054) (“Property”). The court has read and considered the moving papers and opposition [1] (no reply was filed), and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Fleming commenced this proceeding on July 14, 2020 against Defendants Annie Campbell (“Campbell”), Clear Recon Corp, Evangelista, C&H, California Reconveyance Company, JP Morgan Chase Bank (“Chase ...

Excerpt: ... commenced this proceeding on December 18, 2019. The Petition alleges in pertinent part as follows. On October 5, 2018, Vayo was traveling in the City north on San Rafael Avenue, near the intersection with Chateau Road, when she was involved in an automobile accident. Jose C. Munoz (“Munoz”) was driving a City Public Works truck when a tire blew out, resulting in the truck striking Vayo's vehicle. Vayo suffered significant injuries to her per...

Excerpt: ...osition [1] , and reply [2] , and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner City commenced this proceeding on December 12, 2018, alleging a cause of action for traditional mandamus and declaratory and injunctive relief. The Petition alleges as follows. a. Controller's Office Review of City In May 2015, the Controller initiated a review of the City's system of administrative and internal accounting c...

Excerpt: ...”), and Defendair, LLC (“Defendair”) (collectively, “Saberi Defendants”) from (1) manufacturing, distributing, advertising, or selling facial coverings that bear Plaintiffs' trade names and marks, (2) manufacturing, distributing, advertising, or selling facial coverings using the confidential or proprietary rights of Reveal; (3) representing to any company or individual that they are an associate or successor company to Plaintiffs or au...

Excerpt: ...harla Toedt (“Toedt”) to Erickson, Tate, and Osumi (“Toedt Sisters”) as her beneficiaries. The court has read and considered the moving papers, [1] opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioners commenced this proceeding on September 19, 2019, alleging causes of action for traditional mandamus and declaratory relief and requesting the remedy of injunctive relief. The v...

Excerpt: ..., 2017, Defendants Herbert Huddleston (“Dr. Huddleston”) and Valley Hip & Knee Institute negligently diagnosed, treated, and/or performed a right total hip replacement surgery on Plaintiff. Specifically, Plaintiff alleges Defendants encountered bleeding during the procedure and, in an effort to stop the bleeding, negligently began suturing the area such as to cause damage to the profunda femoris and superficial femoral artery and vein. As a r...