Excerpt: ...d considered the moving papers [1] (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Santander commenced this proceeding on July 19, 2023, against Defendants Gloria De Alvarado (“Alvarado”), Ramirez, King, and California Department of Motor Vehicles (“DMV”), alleging (1) claim and delivery of personal property for pretrial writ of possession, and order directing transfe...

Excerpt: ...ad (Oncorhynchus mykiss or O. mykiss) as an endangered species under the California Endangered Species Act (“CESA”), and (2) its adoption of a regulation during the O. mykiss's candidacy period (“2084 Exception”). The court has read and considered the moving papers, oppositions from the Commission and the Intervenors [1] , and consolidated reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner...

Excerpt: ...8FLGT7809 (“Vehicle”). 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 Allegiant filed the Complaint against Defendant Magallanes on July 23, 2023, alleging causes of action for (1) breach of written finance agreement, (2) breach of personal guaranty, (3) foreclosure of security and possession of collateral, (4) open boo...

Excerpt: ...ad and considered the moving papers, opposition, and reply, [1] and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Nexus filed this action on June 14, 2023, alleging (1) conversion, (2) trespass to personal property, and (3) intentional interference with contractual relations. The Complaint alleges in pertinent part as follows. Nexus provided logistics and fulfillment services to retailers and other merc...

Excerpt: ... Los Angeles Department of Building and Safety (“LADBS”) (collectively, “City”) to set aside the linkage fees imposed on Highroad's Assignors. 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 Highroad commenced the proceeding by filing a Complaint and Petition on October 10, 2021. The operative pleading...

Excerpt: ...h Vail Avenue, Montebello, California 90640 (“900 South Vail”) and apply for insurance, (3) commence eviction proceedings against the tenant living at 900 South Vail, (4) lease the vacant office and parking lot at 1133 South Maple Avenue (“1133 South Maple”) and 1129 South Maple Avenue, Montebello, California 90640 (“1129 South Maple”) pursuant to an open offer, (5) file federal and state taxes for all commercial properties under the ...

Excerpt: ...t Shino is the majority shareholder of Starbridge Group. 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 Plaintiff Shino filed the Complaint against Defendant Yan on June 9, 2023, alleging a section 709 claim for determination of the validity of an October 25, 2021 shareholder vote appointing Yan as the sole director of Starbridge Group...

Excerpt: ...iled) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Tarbutton filed the verified Complaint on October 26, 2022, alleging causes of action for declaratory judgment under CCP section 1060 and negligence as a basis for injunctive relief. Compl., ¶1. The Complaint alleges in pertinent part as follows. The Complaint alleges that the acts of negligence at issue violated Tarbutton's rights, including but ...

Excerpt: ...nders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Sierra commenced this proceeding on June 12, 2023 against Defendant Ramos alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges as follows. On October 29, 2019, Ramos entered into a written Contract (“Contract”) in which seller Best Deal Motors (“Seller”) sold him the Vehicle. Ramos agreed to make timely payments of all amo...

Excerpt: ...he Case 1. Petition Petitioner A.B. commenced this proceeding against Respondent DOJ on February 23, 2023, alleging a single cause of action for traditional mandamus. The Petition alleges in pertinent part as follows. The DOJ is responsible for determining whether someone is legally eligible to possess firearms and issuing a Certificate of Eligibility (“COE”). A.B. is a police officer in Alaska, where he has a license to possess firearms as p...

Excerpt: ...ollowing tentative decision. A. Statement of the Case 1. First Amended Complaint Plaintiff Clay Dunn Enterprises, Inc., doing business as Air-Tec (“Air-Tec” or “Subcontractor”), filed the Complaint against Contractor and Landlord Realty, LLC (“Landlord”) on April 11, 2023. The operative pleading is the First Amended Complaint (“FAC”), filed on April 17, 2023 and alleging (1) foreclosure on a mechanic's lien against all Defendants,...

Excerpt: ...ng papers, opposition, and reply, [1] and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioners Duncan, Lawrence, and Diamond filed the Petition against Respondent CalPERS on June 23, 2023, alleging a claim for administrative mandamus. The Petition alleges in pertinent part as follows. Duncan was hired by the City of Beverly Hills Police Department (“BHPD”) on June 22, 2009. Pet., ¶4. Lawrence and Diamond...

Excerpt: ...ion. A. Statement of the Case 1. Complaint Plaintiff Bank filed the Complaint against Norman, Glenda, E&O Asset Holdings, LLC, (“E&O”); Lone Oak Fund, LLC (“Lone Oak”), and Qualfax, Inc. (“Qualfax”) on May 2, 2023. The Complaint alleges causes of action for (1) breach of promissory note, (2) conspiracy to fraudulently conceal assets, (3) aiding and abetting fraudulent concealment of assets, (4) voidable transfer under Civil Code secti...

Excerpt: ... papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Denham filed the Petition on May 20, 2022 alleging a cause of action for mandamus for violation of the CPRA in pertinent part as follows. From August 1992 to March 2010, the DA's office employed Deputy District Attorney (“DDA”) Laura Laesecke (afterwards appointed as a judge but referred to herein as DDA Laesecke”). ...

Excerpt: ... to build 16 single-family residences on the Property (“Project”). The court has read and considered the opening brief, opposition, and reply, [1] and renders the following tentative decision. A. Statement of the Case 1. First Amended Petition Center commenced this action on May 3, 2022. The operative pleading is the First Amended Petition (“FAP”), filed on August 31, 2022, alleging (1) administrative and traditional mandamus based on the...

Excerpt: ... Petition Petitioner Honarkar commenced this proceeding against Respondents MOM AS Investco, LLC (“AS”), MOM BS Investco, LLC (“BS”), and MOM CA Investco, LLC ( “CA”) (collectively, “MOMs”) alleging a cause of action for traditional mandamus under Corporations Code (“Corp. Code”) sections 17704.10 and 17704.13. Honarkar brought this Petition both individually and in his capacity as a member of each MOM. The verified Petition a...

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 Department filed the Petition on September 6, 2022, alleging a single cause of action for administrative mandate under CCP section 1094.5. The Petition alleges in pertinent part as follows. Carter began her employment with the Department on October 19, 2011. From 2013 until N...

Excerpt: ...idered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Crowe filed the Petition on November 7, 2022, alleging a claim of administrative mandamus. The Petition alleges in pertinent as follows. The California Department of Fish and Wildlife (“DFW”) filed an accusation with Commission seeking revocation of Crowe's Licenses. An administrative law judge (“ALJ...

Excerpt: ...he Animals (“VFA”). 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 VFA filed the Petition against the City on February 10, 2023. The operative pleading is the FAP filed on May 19, 2023, alleging claims for traditional mandamus and declaratory relief. The FAP alleges in pertinent part as follows. Founded in 1999, VFA is a public inte...

Excerpt: ...hadi (“Farhadi”) to recover three 2018 MCI J4500 Intercity Vehicles, VIN Nos. 2MG3JMBA4JW068842, 2MG3JMBA6JW068843, and 2MG3JMBA8JW068844 (collectively, “Vehicles”). Bank also applies for injunctive relief against all Defendants to enjoin them from transferring any interest in the Vehicles or impairing their value. The court has read and considered the moving papers and opposition (no reply was filed) [1] and renders the following tentati...

Excerpt: ...Mars (“Mars”) to arbitrate this action. The court has read and considered the moving papers, opposition, and reply, [1] and renders the following tentative decision. A. Statement of the Case 1. Petition On April 4, 2023, Petitioner Mars filed the Petition against the seven Respondent entities, alleging a cause of action for traditional mandamus under Corporations Code (“Corp. Code”) sections 1603(a) and 17704.10(f). The verified Petition ...

Excerpt: ...enders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Avenue filed the Complaint against Cornerstone on April 11, 2023, alleging (1) breach of contract, (2) account stated, (3) open book account, (4) goods rendered, and (5) declaratory relief. The Complaint alleged in pertinent part as follows. On May 5, 2021 and various dates thereafter, Cornerstone ordered a total of 13,843 pieces of garments. Purchase orders ...

Excerpt: ...��) #6838 (“Project”). The court has read and considered the moving papers, joint opposition, and reply, [1] and renders the following tentative decision. I. Statement of the Case A. Petition Petitioner Park commenced this proceeding on April 14, 2022, alleging causes of action for (1) administrative mandamus, (2) traditional mandamus, (3) violation of the California Environmental Quality Act (“CEQA”), and (4) denial of due process and eq...

Excerpt: ...iled by Petitioner Hollywood Entertainment Lounge, Inc. (“Hollywood”). The court has read and considered the moving papers, opposition, and reply, [1] and renders the following tentative decision. A. Statement of the Case 1. Petition Hollywood filed the Petition against Respondents on August 24, 2021. The operative pleading is the FAP filed on March 1, 2022, alleging (1) abuse of discretion in disallowing Joseph's Café (“Café”) from ope...

Excerpt: ... the moving papers, opposition, and reply, [1] and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Hunt filed the Complaint against Global, Hannah, LBB Housing Investors, L.P. (“LBB”), and SF Eddy Housing Investors, L.P. (“SF”). The Complaint alleges claims for breach of a predevelopment note, a breach of continuing guaranty, money lent, account stated, and fair valuation as to both “Long Beach ...

Excerpt: ...has read and considered the moving papers (no opposition was filed) [1] and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Harley-Davidson commenced this proceeding on January 23, 2023 against Forester alleging (1) claim & delivery, (2) breach of contract, and (3) common count – money lent. The verified Complaint alleges in pertinent part as follows. On April 9, 2022, Harley-Davidson and Forester execu...

Excerpt: ..., CA 90037 (“Property”). The court has read and considered the moving papers, opposition, and reply, [1] and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Brown commenced this proceeding on July 25, 2023, alleging causes of action for (1) violation of Civil Code [2] section 2923.5, (2) violation of section 2923.7, (3) violation of Business & Professions Code (“Bus. & Prof. Code”) sections 17200 ...

Excerpt: ...llectively, “LASD” or the “Department”) to set aside his 30-day suspension. The court has read and considered the opening brief, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Paez filed the verified Petition on October 7, 2022, alleging a cause of action for administrative writ of mandate. The Petition alleges in pertinent part as follows. Paez joined LASD on September...

Excerpt: ...s read and considered the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff TD Bank commenced this proceeding on April 26, 2023 against Defendants Aposaga, Capistrano, and DMV alleging (1) claim and delivery, (2) conversion, (3) quiet title, and (4) declaratory relief. The Complaint alleges as follows. On April 20, 2018, Aposaga entered into a written Contract (�...

Excerpt: ...ng tentative decision. A. Statement of the Case 1. Complaint Plaintiff Bank filed the Complaint against Bernie and Weinberg on June 5, 2023, alleging (1) breach of written agreement, (2) breach of personal guaranty, (3) foreclosure of security agreement, (4) money lent, and (5) account stated. The Complaint alleges in pertinent part as follows. On October 15, 2021, Bernie filed a Small Business Credit Authorization and Application to request a bu...

Excerpt: ...ion was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff AmeriCredit filed the Complaint against Lane on May 20, 2023, alleging (1) possession of personal property, (2) breach of contract, (3) goods sold and delivered, (4) book account, and (5) account stated. The Complaint alleges as follows. On September 5, 2017, Lane entered a written Contract (“Contract”) in which Felix Chevrolet (“Ass...

Excerpt: ...plaint Plaintiff EK filed the Complaint against Cornerstone on June 30, 2023, alleging (1) book account, (2) account stated, and (3) goods supplied, and (4) breach of contract. The Complaint alleged in pertinent part as follows. Over the past year and a half, EK has sold Cornerstone clothing goods and invoiced Cornerstone for $1,266,074.40. The invoices provide that Cornerstone must pay an annual interest rate of 18%, plus attorney's fees and cos...

Excerpt: ... commenced this action on March 27, 2023, seeking leave to present a late claim for damages against the County. The unverified Petition alleges in pertinent part as follows. The injury at issue occurred when Johnson tripped and fell over a signpost stump on a public sidewalk in front of a Dollar Tree at 3828 W Slauson Ave, Unincorporated County of Los Angeles, 90043. The date of accrual of her cause of action was July 4, 2022. The week after John...

Excerpt: ...at 11728, 11734, and 11740 Wilshire Boulevard, Los Angeles, California 90025 (“Property”). The court has read and considered the moving papers, opposition, and reply, [1] and renders the following tentative decision. A. Statement of the Case 1. The Complaint On June 12, 2023, Plaintiff BPTA commenced this action against Barrington Pacific, LLC and Douglas Emmett, Inc. (“Emmett”) (collectively, “Landlord”), alleging declaratory and inj...

Excerpt: ...[1] and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Bank filed the Complaint against Norman, Glenda Kravetz (“Glenda”), E&O Asset Holdings, LLC, (“E&O”); Lone Oak Fund, LLC (“Lone Oak”), and Qualfax, Inc. (“Qualfax”) on May 2, 2023. The Complaint alleges causes of action for (1) breach of promissory note, (2) conspiracy to fraudulently conceal assets, (3) aiding and abetting fraudulent...

Excerpt: ...oller (“Controller”), to pay $6,129,851 in reimbursement claims for fiscal years between 2002-03 and 2012-13. The court has read and considered the moving papers, oppositions, and consolidated reply, and renders the following decision. A. statement of the Case 1. Petition Petitioner County commenced this proceeding on January 6, 2023, alleging administrative mandamus for (1) erroneous application of law and (2) unlawful retroactive applicatio...

Excerpt: ...e Case 1. Petition Petitioner Gabaee commenced this proceeding against Respondents City of Hawthorne (“City”) and the City Council on October 31, 2022, alleging claims for (1) mandamus and (2) violation of due process. The Petition alleges in pertinent part as follows. Gabaee is the owner of the site of the former Hawthorne Mall (“Mall”) and its adjacent multi-level parking structure (collectively, “Property”). The previous owners clo...

Excerpt: ...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 Nissan commenced this proceeding on February 9, 2023 against Defendants AutoPro, Ester Garcia (“Garcia”), the Department of Motor Vehicles (“DMV”), and Steve Gordon in his capacity as its acting director (“Gordon”). The Complaint alleges (1) breach of contract, (2) conversion...

Excerpt: ...f Shino Jin (“Shino”) filed a Complaint against Yan on June 9, 2023, alleging a single section 709 claim on the validity of an October 25, 2021 shareholder vote appointing Yan as the sole director of Starbridge Group Corp. (“Starbridge Group”). The unverified Complaint alleges in pertinent part as follows. Starbridge Group has a substantial interest in the Ontario Airport Hotel and Conference Center (“Ontario Hotel”), a large hotel in...

Excerpt: ...d the moving papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Transport filed the Complaint against Defendants J4ME and Guarantor on May 15, 2023, alleging causes of action for (1) breach of written agreement, (2) claim and delivery, (3) conversion, (4) goods sold and delivered, and (5) breach of guaranty. The Complaint alleges as follows. On April 26, 2022, J4ME and Ar...

Excerpt: ... Department's (“EDD”) determination that Real Party- in-Interest Amy Han (“Han”) is entitled to unemployment compensation benefits. Blue Air also moves to augment the administrative record with (1) an audio recording of the administrative hearing before Administrative Law Judge Tammy Bayne (the “ALJ”) and (2) a transcript of the hearing prepared by a third party (“DT Transcript”). The court has read and considered the moving paper...

Excerpt: ...ive decision. A. Statement of the Case 1. Complaint Plaintiff Tenant filed the Complaint against Landlord on March 17, 2023, alleging (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, and (3) declaratory relief. The Complaint alleged in pertinent part as follows. On June 22, 2022, Landlord and Tenant entered into a Lease Agreement (“Lease”) to rent suite #400 at 3655 Lomita Blvd, Torrance, CA 90505 (�...

Excerpt: ...read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Hill commenced this proceeding on October 6, 2022, alleging a cause of action for administrative mandamus. The Petition alleges in pertinent part as follows. Hill was a LAFD Personnel Analyst and could only be terminated for good cause and after pre- deprivation due process. On July 9, 2019, H...

Excerpt: ...f Tarbutton filed the verified Complaint on October 26, 2022, alleging causes of action for declaratory judgment under CCP section 1060 and negligence as a basis for injunctive and. Compl., ¶1. The Complaint alleges in pertinent part as follows. The Complaint alleges that the acts of negligence at issue violated Tarbutton's rights, including but not limited to, those that accrue under the California Public Records Act (“CPRA”). Compl., ¶2. ...

Excerpt: ...luding $3,500 in costs and $30,875 in attorney's fees. The court has read and considered the moving papers and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Weber filed the Complaint on May 8, 2023 against Defendant Addaday, alleging claims for (1) goods sold and delivered, (2) account stated, (3) open book account, and (4) breach of contract. The verified Complaint alleges in pertinent part as follows....

Excerpt: ...nal Ficus trees from Robertson Boulevard. The court has read and considered the moving papers, opposition, [1] and reply, and renders the following tentative decision. A. Statement of the Case 1. The Complaint On March 29, 2023, Petitioner Robertson commenced this action alleging violation of (1) procedural due process under the California and United States Constitutions, (2) the California Environmental Quality Act (“CEQA”), and (3) the Cali...

Excerpt: ...e court has read and considered the moving papers, oppositions, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Adams filed the Petition on March 6, 2023, alleging causes of action for (1) declaratory relief, (2) traditional mandamus, (3) administrative mandamus, and (4) declaratory relief under Government Code (“Govt. Code”) section 6259. The Petition alleges in pertinent part as follo...

Excerpt: ...f the Case 1. Petition The City filed the Complaint on February 22, 2023 against Sedrak Eikmyan (“Eikmyan”) and 1717 Grand Holdings, LLC (collectively, “Grand Holdings”), alleging (1) public nuisance per se, (2) public nuisance, (3) violation of state housing law, and (4) declaratory or injunctive relief. The Complaint alleges in pertinent part as follows. Grand Holdings owns the Property and Eikmyan is the responsible party in charge of ...

Excerpt: ...de his discharge as deputy sheriff. The court has read and considered the opening brief, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Maddex filed the verified Petition on April 15, 2022, alleging a cause of action for administrative writ of mandate. The Petition alleges in pertinent part as follows. Maddex was a deputy sheriff with LASD. On March 3, 2016, the Department serv...

Excerpt: ... Tarbutton filed the verified Complaint on October 26, 2022, alleging causes of action for declaratory judgment under CCP section 1060 and negligence as a basis for injunctive and. Compl., ¶1. The Complaint alleges in pertinent part as follows. The Complaint alleges that the acts of negligence at issue violated Tarbutton's rights, including but not limited to, those that accrue under the California Public Records Act (“CPRA”). Compl., ¶2. a...