Excerpt: ...a Conservation and Liquidation Office (CLO), to comply with its California Public Records Act (CPRA), Government Code section 6250 et seq., request. DEMURRER CLO demurrers to the petition. Petitioner opposes the demurrer. The demurrer is overruled in its entirety. CLO's request for judicial notice (RJN) of Exhibits A and B is granted. (Evid. Code § 452, sudb. (d).) Petitioner's RJN of Exhibits A through F is granted. (Evid. Code § 452, subd. (d...

Excerpt: ...The supplemental briefing has not altered the court's view of the resolution of the demurrer. ALLEGATIONS IN THE PETITION Petitioners seek a writ of mandate compelling Respondent to re‐instate the John/Jane Doe petitioners to their positions with the Los Angeles County Sheriff's Department (the Department). Each Doe petitioner served as a sworn peace officer with the Department, and each Doe petitioner received a letter of intent to discharge o...

Excerpt: ...fe only [insurance] license” even though Petitioner passed the relevant examination and criminal background check. Petitioner explains the relief he seeks through his petition is “to reverse the denial of LIFE ONLY INSURANCE LICENSE, and grant such license to [Petitioner].” (Pet., p. 1.) The petition explains the CDI revoked Petitioner's insurance license. (Pet., p. 1.) Petitioner had only one complaint against him “that grew to others co...

Excerpt: ...$978,874. APPLICABLE LAW The Court shall issue a right to attach order if the Court finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued. 2. The plaintiff has established the probable validity of the claim upon which the attachment is based. 3. The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. 4. The amount to be ...

Excerpt: ...ght to attach order if the Court finds all of the following: 1. The claim upon which the attachment is based is one upon which an attachment may be issued. 2. The plaintiff has established the probable validity of the claim upon which the attachment is based. 3. The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. 4. The amount to be secured by the attachment is greater than zero. (Co...

Excerpt: ...ss of recognition for violations of Respondent's Student Conduct Code. The violations relate to allegations of hazing. Petitioner challenges Respondent's decision. Through its petition for writ of administrative mandamus under Code of Civil Procedure section 1094.5, Petitioner seeks to set aside the decision. Petitioner alleges Respondent committed a prejudicial abuse of discretion because (1) Respondent's decision is not supported by the finding...

Excerpt: ...poses the petition. The Petition is DENIED. Petitioner has failed to introduce evidence to support her petition. The court cannot determine on the evidence presented Petitioner submitted a timely claim or that her failure to do so was the result of excusable neglect. APPLICABLE LAW Government Code[2] section 911.2, in the Government Tort Claims Act, provides a “claim relating to a cause of action . . . for injury to person . . . shall be presen...

Excerpt: ...aims Act, provides a “claim relating to a cause of action . . . for injury to person . . . shall be presented . . . not later than six months after the accrual of the cause of action.” (Emphasis added.) The date of accrual for the purpose of presentation of a claim is the date on which the cause of action would have accrued within the meaning of the statute of limitations. (§ 901.) Section 946.6 is the ultimate judicial backstop of the claim...

Excerpt: ...X Fitness and $873,539 as to each of the individual Cross‐Defendants. The Cross‐Defendants oppose the applications. The underlying claims arise from a landlord/tenant relationship between Thrifty and SPX Fitness and related guaranties executed by the individual Cross‐Defendants. The applications are granted. The requests for judicial notice (RJN) are granted. Evidentiary Objections: As to Thrifty's evidentiary objections to the Declaration ...

Excerpt: ...evidence before the court demonstrates the security interest in the Vehicle was assigned from the seller, Puente Hills Nissan, to Ally Bank. There is no evidence before the court Ally Bank assigned its security interest to Ally Financial, Inc. The court will consider any documentation/evidence submitted prior to the hearing to establish the link between Ally Financial, Inc. and Ally Bank. While the names of the entities are similar, the court can...

Excerpt: ... and control over Felbro. Defendants, Michael Feldmar and Daniel Feldmar, oppose the motion. Felbro also purportedly opposes the motion.[1] The application to appoint a receiver is denied. APPLICABLE LAW Appointment of a receiver is an extreme provisional remedy. The Court should grant the remedy only when facts are presented by admissible evidence that clearly establish a receiver is necessary to protect property and maintain the status quo. (Ba...

Excerpt: ...the originally scheduled hearing on the petition, Petitioner's counsel indicated he did not file a reply brief because he was not aware the State had opposed the petition—Petitioner's counsel stated he had not received any opposition. After some discussion between the court and counsel, it became clear Petitioner's counsel's office relocated some time ago and failed to notify the court or opposing counsel. On September 16, 2020, the court issue...

Excerpt: ...a 25% shareholder. They have refused him access to TRT's books and records, have not provided tax returns or K‐1s, have not given him annual (or any) financial reports or information and have failed and refused to provide documents or information on any annual or other meetings of TRT's shareholders or directors.” (Pet., ¶ 1.) Petitioner, Stephen Goldfield, alleges this failure by Respondents, Zachary Dugger and Kelly Dugger, to provide acce...

Excerpt: ...of City Planning, to produce a document the City has withheld from a CPRA request. The City opposes the petition. Petitioner's objections to the City's opposition brief are overruled in their entirety. The court does not receive arguments and statements in a brief as evidence. That is, they have no evidentiary value and are therefore not subject to objection. To the extent arguments in a brief allege factual matters, those factual matters must be...

Excerpt: ...anted. A right to attach order in the amount of $7,502,000 is granted as to both defendants. Plaintiff shall file an undertaking in the amount of $10,000 prior to any writ issuing. BACKGROUND FACTS: The underlying facts are undisputed and uncomplicated: Plaintiff entered into a settlement agreement with the Firm. In addition to other payments, the settlement agreement required the Firm to pay to Plaintiff $500,000 per month for 16 months (for a t...

Excerpt: ...esh Kamath (Kamath). The individual defendants are all former employees of Plaintiffs. Plaintiffs also seek a preliminary injunction against defendants AutoClub Group and the Automobile Club of Michigan (jointly, ACG). The individual defendants became employees of ACG immediately after leaving their employment with Plaintiffs. Plaintiffs request all defendants be enjoined from accessing, using, disclosing or deleting Plaintiffs' confidential, pro...

Excerpt: ...aring in May 2019. The Board opposes the Petition. The Petition is DENIED. STATEMENT OF THE CASE Background: On May 11, 2011, Petitioner obtained a California physician's and surgeon's license. (AR 656.) On February 27, 2015, Petitioner began working as a locum tenens physician at Orchard Hospital Medical Specialty Clinic (Orchard), in Gridley, California. (AR 3, 1310‐1311.) On April 15, 2015, Petitioner signed a three‐year Professional Servi...

Excerpt: ...son, Trustee of the Magidson Revocable Trust of 1987 (2006 Restatement) (2) Malibu‐Broad Beach S‐1, LLC; (3) Alexander Haagen III, as Managing Member of 30956 BB, LLC and BB Malibu Place LLC, (4) Michael L. Schwab and Cheryl L. Schwab, Trustees of the Schwab Community Property Trust, (5) Andrew M. Leigh and Barbara R. Leigh, Trustees of the Barbara and Andrew Leigh Family Trust, filed a motion for attorneys' fees. Defendants, Michael S. Sitri...

Excerpt: ..., LLC, Sev Laser Aesthetics‐orange County LLC, Sev Laser Aesthetics‐san Jose LLC, Sev Laser Aesthetics‐san Francisco LLC, Sev Laser Aesthetics‐hermosa Beach LLC, and Sev Laser Aesthetics‐walnut Creek LLC, (collectively, Defendants) in the amount of $11,500,000. Defendants oppose the application. The writ of attachment is denied. ANALYSIS Procedural Issues Defendants argue, “Plaintiff did not serve Defendants with any of the standard J...

Excerpt: ...st Defendants alleging causes of action for: 1. breach of contract; 2. conversion; 3. money had and received; 4. money paid by mistake; and 5. unjust enrichment. On March 25, 2016, Washi Ahmed[1] (Washi) was stabbed and killed while working at a 7- Eleven store. (Compl. ¶ 7.) Plaintiff alleges on April 15, 2020, it entered into a Compromise and Release Agreement (Agreement) with Washi's family members: surviving spouse Defendant Shelina Ahmed, s...

Excerpt: ...1700. Allegations in the Petition The Petition alleges Petitioner sent a Public Records Act (PRA) request to Respondent on May 17, 2018, seeking documents related to complaints of discrimination, harassment, retaliation, and other unlawful conduct from 2012 to 2016 against named HLPUSD Administrators. (Pet., ¶¶ 13‐14.) The request also sought documents related to the investigations of those complaints. (Pet., ¶ 14.) Petitioner alleges he rec...

Excerpt: ...; (4) violation of substantive due process; (5) declaratory relief; and (6) injunctive relief against Respondents, the City of Beverly Hills and its City Council (collectively, Respondents). On December 24, 2019, Petitioner filed a First Amended Verified Petition for Writ of Mandate and Complaint (FAP). Petitioner alleged a claim for traditional mandamus pursuant to Code of Civil Procedure section 1085 and administrative mandamus pursuant to Code...

Excerpt: ... The majority of Plaintiff's application fails because of evidentiary issues. EVIDENTIARY OBJECTIONS Defendant's 22 unnumbered evidentiary objections related to the moving papers are sustained as follows: 1: The information provided in paragraph 2 is insufficient to supply the necessary foundation for Exhibit 1. Plaintiff merely states pursuant to the attached document he is entitled to certain monies. 2: Sustained on Secondary Evidence Grounds, ...

Excerpt: ...f may apply pursuant to this chapter for a writ of possession by filing a written application for the writ with the court in which the action is brought.” (Code Civ. Proc. § 512.010, subd. (a).) Pursuant to Code of Civil Procedure section 512.010, subdivision (b), the application must be submitted under oath and include: “(1) A showing of the basis of the plaintiff's claim and that the plaintiff is entitled to possession of the property clai...

Excerpt: ...ing this motion. Petitioners also seek $1,524 in costs. Respondent did not file an opposition. The motion is granted in a reduced amount. APPLICABLE LAW Under Government Code section 6259, subdivision (d), “The court shall award court costs and reasonable attorney's fees to the requester should the requester prevail in litigation filed pursuant to this section.” In determining whether a plaintiff in a California Public Records Act (CPRA) acti...