Excerpt: ...de Respondent's decision denying Petitioner's permit application for an off-premise outdoor advertising display to be located along State Route 405. Petitioner also seeks a writ directing Respondent to “issue” the permit. Background Petitioner's Redevelopment Display Rights Petitioner is a billboard advertiser that operates a two-sided billboard adjacent to the 405 freeway west of the Edwards Street overpass in Westminster, California. (AR 37...

Excerpt: ...pondent for writ of mandate and for injunctive and declaratory relief for violations of the California Public Records Act (“CPRA”). In the CPRA request at issue in the petition, Petitioner sought “the name, manual and user guide of the forensic software that LASD [Los Angeles County Sheriff's Department] utilizes for data collection and analysis from cell phones.” (Pet. ¶ 8.) Petitioner alleges that “LASD has refused to fully provide r...

Excerpt: ...ás J. Aragón, Director of the Department (“Respondents”) to set aside an administrative decision finding that Petitioner was non-compliant on two days with the nursing hours per patient day requirement for skilled nursing facilities, and assessing an administrative penalty of $15,000 against Petitioner. Background Nursing Hour Requirements for Skilled Nursing Facilities In 2010, the Legislature created the Quality and Accountability Supplem...

Excerpt: ...ctor (“County”) (collectively “Respondents”) to, among other things, set aside an adverse administrative decision that found that the Los Angeles Department of Building and Safety (“LADBS”) did not err or abuse its discretion in issuing an Order to Comply and Notice of Fee effective September 16, 2014, with respect to real property owned by Petitioner. Judicial Notice City's RJN Exhibits 1-8 – Granted. Petitioner's objections are ov...

Excerpt: ...pending Petitioner's driver license, effective February 21, 2022, under the authority of California Vehicle Code section 13352(e)(2), for failure to comply with the terms of his driving under the influence program. Petitioner contends that Vehicle Code section 13352(e)(2) is unconstitutional on its face and as applied to Petitioner. (See Pet. ¶¶ 50-51; Ex Parte 18-23.) Judicial Notice Respondent's RJN Exhibit A – Denied. Petitioner's objectio...

Excerpt: ...ly discovered.” (See Mot. 6 and Suttle Decl. ¶ 4, Exh. 1.) Petitioner also moves “for an order remanding this matter to respondent County of Los Angeles … and its Claims Administrator, Sedgwick Claims Management Services … so that the County and Sedgwick can apply to Suttle's long-term disability claim material information – known to respondent and the Claims Administrator but unknown to petitioner – in the possession of respondent a...

Excerpt: ...Teresa Basil, May Wang, and Desiree Besharat (“Petitioners”) for failure to state a cause of action and for uncertainty. Respondents also move to strike the entire petition and also numerous allegations and prayers for relief from the petition. Background The following allegations of the petition are taken as true for purposes of demurrer. (CCP 430.30(a); Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Petitioners are homeowners of units at 15115...

Excerpt: ...building project at 600 S. Sepulveda Blvd (the “Project”). Petitioner contends that City prejudicially abused its discretion under the California Environmental Quality Act (“CEQA”) by approving the Project based upon a Class 32 categorical exemption from environmental review. Petitioner also contends that City failed to comply with certain provisions of the Manhattan Beach Municipal Code (“MBMC”) and the Brown Act in approving the Pro...

Excerpt: ... appeal of a decision of the City Zoning Administrator (“ZA”) to discontinue Petitioner's operation of a bar with alcohol sales at 900‐902 West Martin Luther King, Jr. Blvd. known as Banditos Tacos & Tequila (“Property”). Petitioner's Request to Augment Record; and Respondent's Objections Petitioner requests judicial notice of the Department of Alcoholic Beverage Control of the State of California's (hereinafter "ABC") certificate of de...

Excerpt: ...r “PCCPOA”). Background The second amended petition alleges the following: “Pursuant to the Educational Employment Relations Act (‘EERA') codified at Government Code Section 3540, the District and PCCPOA met and conferred on matters within the scope of representation. It is undisputed that wages and overtime pay are within the scope of representation.” (SAP ¶ 1.) “In November 2019, [a]n active and enforceable MOU was dated July 1, 20...

Excerpt: ... a writ of ordinary mandate directing Respondent Gavin Newsom, Governor of the State of California (“Governor” or Newsom”) to immediately rescind paragraph 15 of the Governor's Executive Order N-40-20, an emergency order that provides extensions of various statutory and regulatory deadlines during the COVID-19 pandemic. Petitioners also seek a writ of ordinary mandate directing Respondents Alex Villanueva (“Sheriff”), Los Angeles County...

Excerpt: ...e event Respondent produces redacted records, Petitioner requests in camera review. Petitioner also seeks a judicial declaration that Respondent violated the CPRA and Petitioner's rights under California Constitution, Article 1, section 3(b) by (1) failing to timely and fully respond to Petitioner's request; (2) improperly obstructing and denying the inspection and release of public records responsive to Petitioner's request; (3) depriving Petiti...

Excerpt: ...ctor (“County”) (collectively “Respondents”) to, among other things, set aside an adverse administrative decision that found that the Los Angeles Department of Building and Safety (“LADBS”) did not err or abuse its discretion in issuing an Order to Comply and Notice of Fee effective September 16, 2014, with respect to real property owned by Petitioner. Judicial Notice City's RJN Exhibits 1-8 – Granted. Petitioner's objections are ov...

Excerpt: ... Plaintiff's refusal to complete a psychiatric evaluation and/or any basis for denial or closure of her application which is based upon or related to the directive the Plaintiff undergo a psychiatric evaluation.” (Order to Show Cause ¶ 2.) The proposed order submitted by Plaintiff also sought an injunction directing Board to “process Plaintiff's December 10, 2021, application for a California medical license without Plaintiff submitting to a...

Excerpt: ...r Writ of Mandate (“FAP”) filed by Petitioner Santa Clarita Organization for Planning the Environment (“Petitioner” or “SCOPE”). Respondents also move to strike certain prayers for relief in the FAP. Judicial Notice Respondents' Request for Judicial Notice (“RJN”), Exhibits A-F – Granted. Respondents' RJN Facts Nos. 1 and 2 – Denied. Respondents request judicial notice of factual issues, based on a declaration, that are not pr...

Excerpt: ...to set aside an administrative decision finding that Petitioner violated multiple sections of CSU's Student Code of Conduct for failing to take appropriate action in response to “hazing” and other concerning behavior at his fraternity, and suspending Petitioner from the CSU System. Petitioner's Request to Augment Administrative Record “As a general rule, a hearing on a writ of administrative mandamus is conducted solely on the record of the...

Excerpt: ...ichael Moore in his official capacity as Chief of Police (collectively “Respondents”) to set aside a formal written admonishment and a penalty of extensive retraining imposed on Petitioners by the Los Angeles Police Department (“Department”). Department imposed this discipline on Petitioners because they allegedly unjustifiably and substantially deviated from Department policy regarding command and control during an officer-involved-shoot...

Excerpt: ...ioner's zone change application and request for a General Plan Amendment (“GPA”) for the following properties along the Venice Beach Boardwalk: 1915 South Ocean Front Walk, Los Angeles, CA 90291 (APN No. 4226012004) and 2013-2015 South Ocean Front Walk, Los Angeles, CA 90291 (APN No. 4226013005) (collectively, the “Properties”). Respondents oppose. Judicial Notice Petitioner's RJN Exhibits A-H – Granted. Respondents' RJN Exhibits A-D �...

Excerpt: ...a closed federal court case entitled Mendez et al. v. Leroy D. Baca et al., U.S.D.C. No. 2:11-cv-4771-MWF (Central District of California) (the “Mendez Action”). Judicial Notice Petitioner's Reply RJN Exhibits A-C – Granted. Background Petitioner made a CPRA request seeking deposition and trial transcripts from the Mendez Action from Respondent. (Pet. ¶ 6, Notice of Erratum Exh. A.) In a letter dated August 21, 2020, Respondent refused to ...

Excerpt: ...an order compelling Respondent California Department of Industrial Relations, Division of Labor Standards Enforcement (“Respondent” or “DLSE”) to: (1) abide by the court's peremptory writ of mandamus; (2) restore Petitioners' registration as to all public works projects bid and awarded before the effective debarment date of September 27, 2021; (3) prevent Respondent from advising that Petitioners are precluded on working as a contractor i...

Excerpt: ...oe”). Respondent opposes. Background The petition alleges as follows. Petitioner is a graduate university student and fifth-year Ph.D. candidate at Respondent. (Pet. ¶ 1.) Roe, a 29-year-old female graduate student, accused Petitioner of non-consensual sexual contact and this accusation led to Respondent conducting an investigation and a hearing. (Id. ¶¶ 13-14.) As a result of the hearing, the hearing examiner found Petitioner responsible un...

Excerpt: ...ber 22, 2020. Plaintiff seeks to attach the property of Defendant Arthur Arejian to the extent permitted by CCP section 487.010(c) for a natural person. Plaintiff seeks attachment over any property of Defendant Vanguard Investment Group, Inc., which is not a natural person. Procedural History On December 18, 2020, Plaintiff initially filed this action against Defendants and Glendale Ave. Property, LLC, asserting the following causes of action: (1...

Excerpt: ...ublic records that are potentially responsive to Petitioner's outstanding records requests of January 1, 2019, under the California Public Records Act (“CPRA”). Respondent's Evidentiary Objection to Declaration of Tiffany Bailey (1) Overruled. Requests for Judicial Notice Petitioner's RJN Exhibit F – Granted. (Evid. Code § 452(c).) Respondent's RJN Exhibit A – Denied. “The truth of the content of [newspaper] articles is not a proper ma...

Excerpt: ...anef”), and California Department of Motor Vehicles (“DMV”) over the following property: 2019 Volkswagen Jetta, VIN # 3VWC57BU6KM044637 (the “Vehicle”). Procedural History On August 19, 2021, Plaintiff filed its complaint for recovery of possession of personal property and other claims against Defendants. On September 30, 2021, Plaintiff filed the instant applications for writ of possession. Plaintiff has not filed proof of service of t...

Excerpt: ...A”). The court ruled, in part, on the petition on November 2, 2021, and continued the hearing so that County could submit additional evidence to support its claims of deliberative process and official information privileges. The court has received County's supplemental opposition and supplemental declaration of Lieutenant Sherif Morsi, and Petitioner's supplemental reply, and now rules as follows on County's claims of privilege. Respondent's Ev...

Excerpt: ...e petition for writ of mandate filed by Petitioners CSC Auto Salvage and Dismantling, Inc., dba Express Metals Recycling and Scott Sakajian (“Express” or “Petitioner”). Express opposes the demurrer. [1] Background For purposes of demurrer, the factual allegations from the petition are taken as true. (See Stonehouse Homes LLC v. City of Sierra Madre (2008) 167 Cal. App. 4th 531, 538.) In summary, the petition alleges the following. Express...

Excerpt: ...) (collectively “City” or “Respondents”) to rescind building permits issued to Real Party Karla Shahin “unless and until … Real Party has improved Westwanda Drive such that it is 20 feet wide or final approval of a Zoning Administrator's Determination at a public meeting subject to the Brown Act, as required by LAMC Section 12.21C10(i)(3) and LAMC Section 12.24X28.” (Pet. Prayer ¶ 1.a.) In the alternative, Petitioner seeks a writ �...

Excerpt: ...ons of the declarations of Ann Carlson, John T. Mapes, and Jennifer Mnookin submitted by Respondent The Regents of the University of California (“Respondent” or “Regents”) on the grounds that the declarations constitute “improper lay and expert witness opinion testimony.” In the alternative, “should any expert witness opinion testimony be found admissible, Petitioner will seek an order adjourning the trial to allow Petitioner (1) to...

Excerpt: ...st, LLC I (collectively “Defendants”) from foreclosing on and recording a trustee's deed upon sale against real property located at 20430 “Learmood” Ave., Apt. SD, Carson, CA 90740 (“Property”). Judicial Notice Defendants' Request for Judicial Notice Exhibits 1-12 – Granted. Defendants' Evidentiary Objections Declaration of Tony Cara (1) Overruled. (2) Sustained. (3) Sustained. (4) Sustained. (5) Sustained. (6) Sustained. Declaratio...

Excerpt: .... Factual and Procedural Background Police Chase, DUI Arrest, and Chemical Test Refusal On Saturday, January 19, 2019, at 11:31 pm, Inglewood Police Officers Quintanar and Gonzalez were dispatched following reports of “a subject driving erratically in the area, knocking over multiple traffic cones in the roadway.” (AR 3, 23, 7.) When the officers encountered the subject gray Honda, being driven by “an adult male Black wearing a red hat,” ...

Excerpt: ...ains Recreation and Conservation Authority (“MRCA”) (collectively “Respondents”) to apply for and diligently perform all acts necessary to obtain an emergency permit from the City of Malibu to restore a previously-erected 6-foot high fence along the northerly property line of their vacant lots, commonly known as Assessor's Parcel Nos. 4451-003-900 and 4451-004- 900, located between 21746 and 21660 Pacific Coast Highway (on the ocean-side ...

Excerpt: ...aintiff and Defendants have conditionally filed multiple documents under seal in support of the motion, opposition, and reply and have filed applications to seal such documents. Procedural History As relevant to the applications to seal, Plaintiff filed his fourth amended complaint on August 19, 2021. Plaintiff filed the motion to appoint receiver and application to file documents under seal in support of the motion on October 12, 2021. The court...

Excerpt: ...Zelms”), and Zelms Erlich L.L.P. dba Zelms Erlich & Mack (“ZEM”) (collectively “Defendants”) in the amount of $3,515,808, or, alternatively, $221,398 per month starting April 15, 2021, through the date of the hearing. Plaintiff also moves to seal part of the record. Motion to Seal Plaintiff moves to seal parts of the Manning and Buccola declarations submitted in support of the applications for attachment, as well as certain exhibits att...

Excerpt: ...risky (1) Sustained. (2) Sustained. Declaration of Teresa Noroian (1) Overruled. (2) Overruled. (3) Sustained. (4) Sustained. Procedural History On August 24, 2021, Plaintiff filed a complaint against Defendant for breach of contract, common counts, action to recover contractor's license bond, and other claims. On September 29, 2021, Defendant answered the complaint and filed a cross- complaint against Cross-Defendant 3400 Sunset, LLC. On Novembe...

Excerpt: ... complaint against Defendant Sims, and also against Defendant Maria Theresa Abellanossa, for conversion, breach of fiduciary duty, fraudulent concealment, breach of implied-in-fact contract, unjust enrichment, and money had and received. On August 17, 2021, Plaintiff filed its application for writ of attachment, notice of hearing, and supporting papers. On September 15, 2021, Plaintiff filed its amended application, amended notice of hearing, and...

Excerpt: ...dants”) from selling, attempting to sell, or causing to be sold the real property located at 7393 Perigord Court, Tujunga, CA, Assessor Parcel Number 2552-048-008 (“Property”). Background On or about January 15, 2018, Plaintiff received a $920,000 loan from Greenbox and executed a deed of trust to the Property in favor of Greenbox to secure the loan. (Compl. ¶ 8; Raab Decl. ¶ 7, Exh. A.) Specialized is the current servicer of the loan. (R...

Excerpt: ...t BlockFi Lending LLC, BlockFi Trading LLC, and BlockFi, Inc. (collectively, “Real Parties” or “BlockFi”) generally demur to the petition for writ of mandate filed by Petitioner George J. Gerro (“Petitioner”) for failure to state a cause of action. Judicial Notice Real Parties' RJN Exhibits A-E – Granted. Petitioner's RJN Exhibits A-B – Granted. Background For purposes of demurrer, the following factual allegations from the petiti...

Excerpt: ...yed the revocation, and imposed three years of probation. Background Petitioner is a board-certified OB/GYN licensed to practice in California and practicing in Orange County since 2005. He practices general, community obstetrics. He has delivered over 6,000 of his own patients. He has managed 400 twin pregnancies. (AR 1379-80, 1432-34.) Petitioner practices primarily at St. Joseph's Hospital, Orange, California. St. Joseph's Hospital is a tertia...

Excerpt: ...r official capacity as Trustee of the Long Beach Community College District Board of Trustees (“Board”) to recuse herself from participation in closed session meetings of the Board about the outside investigation into allegations that Respondent committed various acts of misconduct, and potential legal action by the Board against Respondent based on the investigation. The petition is brought pursuant to CCP section 1085 and, when filed, sough...

Excerpt: ...d building permits issued to Real Party Karla Shahin “unless and until … Real Party has improved Westwanda Drive such that it is 20 feet wide or final approval of a Zoning Administrator's Determination at a public meeting subject to the Brown Act, as required by LAMC Section 12.21C10(i)(3) and LAMC Section 12.24X28.” (Pet. Prayer ¶ 1.a.) In the alternative, Petitioner seeks a writ “vacating Respondents' denials of Petitioner's appeal of ...

Excerpt: ...A”). Respondent's Evidentiary Objections Declaration of Sherry Lawrence (1) Sustained. (2) Sustained. (3) Overruled. (4) Overruled. (5) Overruled. (6) Overruled. (7) Sustained as to “meaningful,” Overruled as to remainder. Declaration of Jason Frankovitz (1) Overruled. (2) Overruled. (3) Overruled. (4) Overruled. (5) Overruled. (6) Overruled. (7) Overruled. (8) Overruled. (9) Overruled. Background and Procedural History September 2019 CPRA ...

Excerpt: ...cle”). Background According to the declaration of Michelle Warren, an officer of Plaintiff, Defendants entered into a Conditional Sale Contract and Security Agreement (“Agreement”) with Plaintiff's assignor, Drivetime Carsales Company LLC, regarding purchase of the Vehicle on or about April 13, 2019. Assignor assigned the Agreement to Plaintiff that same date. Defendants defaulted on the Agreement on April 13, 2020, by failing to remit the ...

Excerpt: ...Overruled. (2) Overruled. (3) Overruled. (4) Overruled. (5) Overruled. (6) Overruled. (7) Sustained. (8) Sustained. (9) Sustained. (10) Sustained. (11) Overruled as to “Moreover, prior to April 2020, LD paid the appropriate parking fees.” Sustained as to remainder. (12) Sustained. (13) Sustained as to last two sentences starting with “Second, Mani has held the premises and the ability to re-let at any time but has done nothing ….” Overr...

Excerpt: ...ood cause to extend the 20-day limitation period pursuant to California Code of Regulations, title 22, sections 5005 and 5067(a). CUIAB opposes. Statement of the Case Because the court has not received a complete administrative record, the court's summary of the facts comes from the records that were annexed to the petition and Petitioner's opening brief (“OB”). On multiple dates in 2012, Petitioner received notices of overpayment by the Empl...

Excerpt: ...re Services (“DHCS”) and Will Lightbourne, Director of DHCS acting in his official capacity (“Lightbourne”) (collectively “Respondents”) to set aside their denial of an application to transfer a Medi-Cal certification for drug and alcohol counseling because Petitioner allegedly submitted an incomplete application. Petitioner separately seeks injunctive relief prohibiting Respondents from denying the transfer application and prohibitin...

Excerpt: ...titioner seeks an award of $43,930.45 in fees and a multiplier of 2.00, for a total of $87,860.90. Alternatively, Petitioner seeks $7,500.00 in attorney fees, the maximum fees available under Government Code section 800. Respondents oppose. Statement of the Case The court adopts its previous summary of the case and the administrative record (“AR”) in the court's April 20, 2021 order granting the petition. Petitioner, 24 years old, was an hono...

Excerpt: ...s $20,000.00 in attorney fees. Defendant opposes. Evidentiary Objections Defendant's evidentiary objections: 1. OVERRULED 2. OVERRULED 3. OVERRULED 4. OVERRULED 5. OVERRULED 6. OVERRULED 7. OVERRULED 8. OVERRULED 9. OVERRULED 10. OVERRULED 11. OVERRULED 12. OVERRULED 13. OVERRULED 14. OVERRULED 15. OVERRULED Procedural History On November 6, 2020, Plaintiff filed its complaint against Defendant for breach of lease. Plaintiff alleges that it lease...

Excerpt: ...'s opposition papers. The court rules as follows. Lewis Declaration: SUSTAINED: 2-4, 6, 8-10, 12-13, 19 OVERRULED: 1, 5, 11, 14-16, 17-18, 20 Libby Declaration: SUSTAINED: 22, 25, 27 - 35 OVERRULED: 21, 23, 36-42 SUSTAINED IN PART, OVERRULED IN PART: 24 overruled as to first sentence, sustained as to second and third sentences, overruled as to last sentence. Wong Declaration: SUSTAINED: N/A. OVERRULED: 43. Procedural History On January 29, 2021, ...

Excerpt: ...ey fees. Procedural History On December 9, 2020, Plaintiff filed its complaint against 365 Apparel Production, Inc. (“365 Apparel”), Pegasus, Hakop Shushanian (“Shushanian”), Haim Potremoly (“Potremoly”), Michael Fallas (“Fallas”), and Does 1 through 75. Plaintiff's complaint includes 15 causes of actions: (1) breach of contract; (2) open account; (3) account stated; (4) breach of contracts; (5) open account; (6) account stated; (...

Excerpt: ...ces (“Liu”) (collectively “Defendants”) from proceeding with a trustee's sale of 2249 Duane Street, Los Angeles, California (the “Duane Property”) pending the full disposition of the instant action. Defendants oppose. Judicial Notice In their supplemental opposition papers, Defendants request judicial notice of Exhibit 1, which is a statement of decision from an action entitled City and County of San Francisco, et al. v. Anne Kihagi, ...