Excerpt: ...d) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Sierra commenced this proceeding on April 4, 2023 against Defendant Vasquez alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges as follows. On September 28, 2020, Vasquez entered into a written Contract (“Contract”) in which seller Auto Connect (“Seller”) sold him the Vehicle. Vasquez agreed to make timely paymen...

Excerpt: ... Petition against the Board on September 26, 2022, alleging a single cause of action for traditional mandamus under CCP section 1085. The Petition alleges in pertinent part as follows. In 1997, the Legislature enacted Business and Professions Code [1] section 2027. Section 2027 required the Board to post to its website any information concerning arbitration awards reported to the Board after January 1, 1993. In 2002, the Legislature amended secti...

Excerpt: ...�Community Members”) with physical harm by displaying weapons; (2) assaulting the Community Members; (3) causing unreasonable embarrassment, disturbance, or annoyance to Community Members; (4) causing a nuisance; and (5) damaging real or personal property owned or managed by the Association. The Association also seeks a preliminary injunction to compel Porche to stay at least 15 feet away from all Community Members and Association Property, whi...

Excerpt: ...gment on the pleadings. The City also moves to strike portions of the Petition's prayer for relief. 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 Petitioner CFH filed the Petition on March 3, 2023, alleging causes of action for writ of traditional mandamus to compel (1) compliance with the Housing Element Law, Government Code [2] s...

Excerpt: ...sidered the moving papers, opposition, and reply and renders the following tentative decision. A. Statement of the Case 1. Petition On March 18, 2022, Petitioners filed the Petition against Respondent Los Angeles County Committee on School District Organization (“Committee”), alleging causes of action for (1) traditional mandamus and (2) declaratory relief. The verified Petition alleges in pertinent part as follows. The California Constitutio...

Excerpt: ...s, opposition, and standalone supplemental exhibits filed in reply (“June 2023 Exs.”) and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Cota commenced this proceeding on December 21, 2021, alleging a cause of action for administrative mandamus. The verified Petition alleges in pertinent part as follows. In March 1978, the Department issued Cota an SDT License for the training of sentry dogs after he...

Excerpt: ...nal Water Quality Control Board (“Regional Board”) to provide further discovery responses to its Special Interrogatories, Set One (“Interrogatories”) and Requests for Production of Documents, Set One (“RFPs”). 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 January 9, 2023. Petitioner Liberty filed the Petition for wri...

Excerpt: ...position (no reply was filed), and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Romero filed the Petition on January 31, 2022, seeking a stay of the impending revocation of her provisional license. The Petition alleges in pertinent as follows. The Board issued Romero a vocational nurse license on March 27, 2002. On April 5, 2005, the Board and Romero entered a stipulated settlement and disciplinary ord...

Excerpt: ...ly, [1] and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Hangar commenced this proceeding on January 3, 2022 against Respondents City, Los Angeles Housing Department, Ann Sewill (“Sewill”), Marcella DeShurley (“DeShurley”), Robert Klepa (“Klepa”), Edward Jacobs (“Jacobs,” collectively, “LAHD”), the Rent Adjustment Commission of the City of Los Angeles (“RAC”), Wilshire Escrow Co...

Excerpt: ...se 1. Petition Petitioner BT-1 filed the Petition on June 17, 2022, alleging in pertinent part as follows. BT-1 is a Company member through a Subscription Agreement (“Agreement”) dated April 4, 2018 and BT-1's purchase of membership units. On March 21, 2022, BT-1 sent a request via email to Company owner Gita Vasseghi (“Vasseghi”) for (1) Company's Schedule K-1 for BT-1 members Teri Gevinson (“Gevinson”) and Garrett Bender (“Bender�...

Excerpt: ...”) for $334,587.99. 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 Med-Plus filed the Complaint on February 6, 2023 against Defendants Anaheim; Bartlett; Citrus Nursing Center; College Vista, LLC; Country Oaks Partners, LLC; Community Rehab Center, LLC; F. & B. Healthcare; Garden Park Care Center, LLC; Gibraltar Convale...

Excerpt: ...n LAX (“JWDLAX”). The court has read and considered the moving papers, ex parte opposition and opposition, and reply, [1] and renders the following tentative decision. A. Statement of the Case 1. The Complaint On April 13, 2023, Plaintiffs JWD and Hou filed a Complaint against Defendants Lai, Xuemei, and JWDLAX, alleging (1) breach of contract; (2) breach of fiduciary duty; (3) conversion; (4) money had and received; (5) unfair competition; (...

Excerpt: ... renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Primera filed the Complaint against Alvarez on April 4, 2023, alleging (1) claim and delivery of personal property for and (2) money due on a contract. The Complaint alleges as follows. Alvarez entered into a written Contract (“Contract”) in which Primera's assignor sold her the Vehicle. In exchange, Alvarez agreed to timely make monthly payments when d...

Excerpt: ...ceeding on January 3, 2022 against Respondents City, Los Angeles Housing Department, Ann Sewill, Marcella DeShurley, Robert Klepa, Edward Jacobs (collectively, “LAHD”), the Rent Adjustment Commission of the City of Los Angeles (“RAC”), Wilshire Escrow Company (“Wilshire”), and Leslie Lim (“Lim”). Hangar alleged causes of action for traditional and administrative mandamus. The Petition alleges in pertinent part as follows. Petition...

Excerpt: ...anlou filed the Petition on February 24, 2023, alleging one cause of action for traditional mandamus. The Petition alleges in pertinent part as follows. On May 2, 2022, Babakhanlou was sentenced to four years in prison for violations of Health and Safety Code sections 11351 and 11352(a). Pet., ¶1. His current release date is October 26, 2023. Pet., ¶1. a. Medical Background On February 12, 2023, Narine Topaldjikian, MD (“Topaldjikian”) prov...

Excerpt: ...ent of the Case 1. Complaint On September 26, 2022, Plaintiff JG filed the Complaint against Defendants Mathiason and Hudson Insurance Company (“Hudson”) alleging causes of action for (1) breach of contract, (2) common count, (3) open book account, (4) account stated, (5) violation of Penal Code section 496, and (6) license bond. The Complaint alleges in pertinent part as follows. JG is licensed as a mill work and cabinet contractor and as a ...

Excerpt: ...email (“Gmail”) system to Warner Park Chief Operating Officer and Human Resources Director Robert Oberlander (“Oberlander”) or (2) add Oberlander and Gena Kopytov (“Kopytov”) as administrators of Warner Park's Gmail system with the same level of access as Anatoly. The court has read and considered the ex parte moving papers, supplemental moving papers, ex parte opposition and supplemental opposition, and the reply, and renders the fol...

Excerpt: ...papers and opposition (no reply was filed) and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Walters filed the Petition on July 11, 2022, against the Department and Carmen Snuggs- Spraggins in her capacity as an OAH administrative law judge (“ALJ”). The operative pleading is the First Amended Petition (“FAP”) filed on July 12, 2022 against the Department, Department district administrator Joyce ...

Excerpt: ...g's deposition and for sanctions of $3,025 against the City. The court has read and considered the moving papers for each motion, Feah's cross-brief for both motions, and a joint statement regarding discovery issues (the court has prohibited any reply), and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Feah commenced this proceeding on November 9, 2020. The operative pleading is the Second Amended Petit...

Excerpt: ...apers [1] (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Saca Plant filed the Complaint on July 6, 2022 against Defendants DZH, Kenney, and MK Cuisine Global, LLC (“MKC”), alleging (1) breach of contract/subscription agreement, (2) specific performance, (3) breach of covenant of good faith and fair dealing, (4) violation of Business and Professions Code (“Bus. & Prof. ...

Excerpt: ...ollectively, the “Permits”) and (2) stop using a per se standard for the use of ungraded ingredients to file an accusation or impose any discipline. 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 Absolute commenced this action on December 1, 2022 against the Board and its Executive Officer Anne Sodergren (“Complainant�...

Excerpt: ...ply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Martinez commenced this proceeding on January 13, 2022, alleging traditional and administrative mandamus. The Petition alleges in pertinent part as follows. On March 2, 2020, Real Party-in-Interest CHP dismissed Martinez from his position as a CHP officer. The Notice of Adverse Action alleged that Martinez submitted two fraudulent overtime claims. S...

Excerpt: ...se 1. Complaint On November 23, 2022, Seifzadeh filed the Complaint against Defendants Elan Jagdish Dassani (“Elan”) and Rajeev Jagdish Dassani (“Rajeev”) collectively, “Dassani Brothers”), alleging (1) violation of Corporate Securities Law of 1968 (Corp. Code Section 25000, et seq.); (2) violation of Securities Act of 1933, section 12(a)(1); (3) violation of Securities Act of 1933, section 12(a)(2); (4) violation of Securities Exchan...

Excerpt: ...pposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff EKB filed the Complaint against Defendants OJ and Javidzad, alleging causes of action for (1) breach of contract, (2) account stated, (3) goods had and received, and (4) open book account. The Complaint alleges in pertinent part as follows. From February 17, 2022 thereafter, the parties entered into eleven written invoice agreements...

Excerpt: ...of the Case 1. Complaint Plaintiff Ally filed the Complaint against Piazza on February 8, 2023, alleging (1) claim and delivery and (2) money on a contract. The Complaint alleges as follows. Piazza entered into a written Contract (“Contract”) in which Ally's assignor (“Assignor”) would finance the purchase of the Vehicle, which was collateral. At all relevant times, Ally has been the holder of a first priority security interest in the Veh...

Excerpt: ... the following tentative decision. A. Statement of the Case 1. Complaint Plaintiffs Huntington and NCHCAP, LLC ("NCHCAP") filed the Complaint on December 9, 2022, agamst Defendants MBP, Michael's Cookies LLC ("Cookies"), J. Don Cooksey, Jr. ("Cooksey"), Jill Sanoian ("Sanoian"), Scott Summeril ("Summeril"), Lisa Nappi ("Nappi"), Reid Carr ("Caro, Mike Lee ("Lee"), and Thomas Coyle ("Coyle"). Plaintiffs alleged (1) fivo counts of breach of contrac...

Excerpt: ...Intervenors Gage Avenue Investment, LLC, Mater Montebello, 1717 Gage Road, LLC, Hermark 25, LLC, Hermark Investment Company, 901 Union Street, LLC, R/G/G/L Corp„ Peter Bacci, in Trust as Trustee of the Bacci Livmg Trust, P.B. Industrial Holdings, LLC, and Greenwood Ave Properties, LLC separately oppose in a joint opposition. The court has read and considered the moving papers, oppositions, and reply, and renders the following tentative decision...

Excerpt: ...mplaint On November 23, 2022, Seifzadeh filed the Complaint against Defendants Elan Jagdish Dassani ("Elan") and Rajeev agdish Dassani ("Rajeev") collectively, "Dassam Brothers"), alleging (1) violation of Corporate Securities Law of 1968 (Corp. Code Section 25000, etseq.); (2) violation of Securities Act of 1933, section (3) violation of Securities Act of 1933, section (4) violation of Securities Exchange Act of 1934, section 10(B); (5) breach o...

Excerpt: ...r position as Department employee. 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 Petitioner Vasquez filed the Petition on January 25, 2022. The operative pleading is the First Amended Petition ("FAP") filed on September 29, 2022, alleging a single cause of action for administrative mandate under CCP section 1094.5. The FAP alleges ...

Excerpt: ... to strike portions of the FAP. The court has read and considered the moving papers, oppositions, and replies,[l] and renders the following tentative decision. A. Statement of the Case 1. The FAP Petitioner McLaughlins filed the Petition against Caltrans on November 29, 2022. The operative pleading is the FAP filed on February 7, 2023, alleging Ävo causes of action for writ of mandate and injunction. The verified FAP alleges in pertinent part as...

Excerpt: ...ncial also seeks a turnover order compelling Defendants to transfer possession of the 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 Financial filed the Complaint against Defendants on December 20, 2022, alleging causes of action for (1) breach of written agreement, (2) claim and delivery, (3) conversion, (4) accou...

Excerpt: ...f Landlord filed the Complaint against Tenant on May 31, 2022, alleging a single cause of action for breach of contract. The Complaint alleges in pertinent part as follows. On October 21, 2019, Tenant and Landlord entered a written lease agreement ("Lease") for premises at 3511 W. 6th Street, Los Angeles, CA 90020 ("Premises") from December 2019 through October 2029. Pursuant to the Lease, Tenant was required to pay Base Rent starting at $3.95 pe...

Excerpt: ...moving papers and opposition (no reply was filed)[l] and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Jackson commenced this proceeding on May 3, 2022. The pertment pleading is the FAP, filed on May 5, 2022, alleging causes of action for administrative and traditional mandamus. The FAP alleges in pertinent part as follows. Jackson was at all relevant times a permanent, full-time civilian Detention Offi...

Excerpt: ...0044 ("Property") originally set for release on April 19, 2023 ("REAP Account"). The court has read and considered the moving papers and the Citys opposition (no reply was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Adams commenced this proceeding on April 17, 2023 against Defendants City, Neutral Ground, Sims, and Los Angeles Housing Department ("LAHD"), alleging (1) abuse of pm)cess, (2) ...

Excerpt: ... A. Statement of the Case 1. Petition Petitioner Department commenced this proceeding on July 9, 2019, against Respondent Los Angeles County Civil Service Commission ("Commission") alleging a cause of action for admmistrative mandamus. The Petition alleges in pertinent partas follows. Plaza was discharged because a dog in his sole custody and under his control suffered a terri$nng, violent and pamful death. The evidence in the record establishes ...

Excerpt: ...considered the moving papers, opposition, and and renders the following tentative decision. A. Statement of the Case 1. Petition On March 18, 2022, Petitioners filed the Petition against Respondent Los Angeles County Committee on School District Organization ("Committee"), alleging causes of action for (1) traditional mandamus and (2) declaratory relief. The verified Petition alleges in pertment partas follows. The Califorma Constitution gives mu...

Excerpt: ...Jennifer and Young Bae as Trustees for the Bae Family Trust (collectively "Bae Trustees") from auctioning, selling, causing to be sold, foreclosing on, or transferring interest in real property known as the Alameda Property. The court has read and considered the moving and supplementary papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiffs commenced this proceeding on April 1...

Excerpt: ...lowing tentative decision. A. Statement of the Case 1. EAC Plaintiffs Yan'an and Khorgos Haokan Pictures & TV Co., Ltd. ("Khorgos") filed the Complaint agamst Defendants Tianjin Tian»shenghua Culture Comm. Co„ Ltd. ('Tianjin") and Yuan on June 10, 2021. The operative pleading is the First Amended Complaint ("FAC"), filed on February 3, 2023, alleging (1) recognition and enforcement of foreign-country money judgments, (2) breach of contract, (3...

Excerpt: ...he following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Tri-West filed the Complaint on September 26, 2022, agamst Defendants Kolay, KFI, and Daniel Mitchell ("Mitchell") alleging (1) breach of contract, (2) fraud, (3) conversion, (4) unjust enrichment (5) common counts, (6) theft under Penal Code section 496, and (7) UCL violations. The Complaint alleges in pertinent part as follows. Tri-Westis a flooring distributor and...

Excerpt: ... has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Randolph filed his Complaint against the DMV on August 4, 2022. The operative pleading is the Second Amended Petition ("SAP"), alleging administrative mandamus. The verified SAP alleges in pertinent part as follows. On September 17, 2021, Randolph was arrested for driving under the influe...

Excerpt: ...ng papers (no opposition was filed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Harley-Davidson commenced this proceeding on July 8, 2022 against Defendant McKinnie alleging a cause of action for (1) claim & delivery, (2) breach of contract and (3) common count - money lent. The verified Complaint alleges in pertinent part as follows. On July 17, 2020, Harley-Davidson and McKinnie executed a Promi...

Excerpt: ...owing tentative decision. A. Statement of the Case 1. Petition Petitioner Rosas commenced this proceeding on November 14, 2022, allegmg claims for traditional and administrative writ of mandamus. The verified Petition alleges in pertinent part as follows. On uly 10, 2021, Rosas was involved ina minor traffic collision when he ran into the backofanother vehicle. Depuö,' Sheriff Valdez of the Los Angeles Counö,' Sheriffs Department ("LASD") was t...

Excerpt: ...ndlord filed the Complaint against Tenant on May 31, 2022, alleging a single cause of action for breach of contract. The Complaint alleges in pertinent part as follows. On October 21, 2019, Tenant and Landlord entered a written lease agreement ("Lease") for premises at 3511 W. 6th Street, Los Angeles, CA 90020 ("Premises") from December 2019 through October 2029. Pursuant to the Lease, Tenant was required to pay Base Rent starting at $3.95 per re...

Excerpt: ...d reply,[l] and renders the following tentative decision. A. Statement of the Case 1. The Complaint On June 13, 2022, Plaintiffs Dalisay and Park filed the Complaint against Defendant Myeongja Choi ("Choi"), alleging claims for (1) financial elder abuse (2) breach of fiduciaty duty (3) fraudulent misrepresentation, (4) unjust enrichment (5) cancellation of written instrument, (6) quiet title, (7) imposition of constructive trust, and (8) conversi...

Excerpt: ...Statement of the Case 1. Second Amended Petition Petitioner Rodgers filed the Petition on July 26, 2022, alleging a claim against Respondent DMV Driver Safety Administrative Hearing Officer J. Emery (“Hearing Officer”). The operative pleading is the Second Amended Petition (“SAP”) filed on January 26, 2023, alleging two causes of action for administrative mandamus. The SAP alleges in pertinent part as follows. On February 26, 2022, Deputy...

Excerpt: ...e orders (“TPO”) against Defendants Steve Fennelly (“Fennelly”), Jamie Littleton (“Littleton”), Better Soul, Inc. (“Better Soul”), Sea Recovery 2, LLC (“Recovery”), Sea Change Recovery 2, LLC (“Sea Change”), Resurgence Tennessee, LLC (“Resurgence Tennessee”), and Resurgence TX, LLC. [1] The court has read and considered the moving papers, oppositions, and reply, [2] and renders the following tentative decision. A. Stat...

Excerpt: ... considered the moving papers, oppositions, [2] and reply, and renders the following tentative decision. A. Statement of the Case 1. The Complaint Plaintiff Trustee filed his Complaint on February 5, 2020, against Defendants Michael, Sarah S. Ruskow (“Sarah”), Matthew, Andreas Kramer (“Kramer”), and Just Float. The Complaint alleges claims for (1) breach of contract, (2) promissory estoppel, (3) specific performance, (4) fraud and deceit,...

Excerpt: ...n with backpay, and remove the disciplinary penalty from her record. The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. First Amended Petition Petitioner Bedard filed the Petition against Respondents on August 10, 2022. The operative pleading is the Frist Amended Pleading (“FAP”) filed on December 8, 2022, alleging causes of action for tradition...

Excerpt: ...the Case 1. Complaint Landlord filed the Complaint against Tenant on October 28, 2022, alleging two claims for breach written contract [2] and one claim for breach of the implied covenant of good faith and fair dealing. The Complaint alleges in pertinent part as follows. On June 29, 2018, Tenant signed a lease (“538 Lease”) for commercial property at 538 Gladys Avenue, Los Angeles California 90013 (“538 Premises”). On October 9, 2020, Ten...

Excerpt: .... A. Statement of the Case 1. Petition Petitioner Bulkin Ðiled the Petition against the Board on September 26, 2022, alleging a single cause of action for traditional mandamus under CCP section 1085. The Petition alleges in pertinent part as follows. In 1997, the Legislature enacted Business and Professions Code [1] section 2027. Section 2027 required the Board to post to its website any information concerning arbitration awards reported to the...