Excerpt: ... reply, and renders the following tentative decision. A. Statement of the Case Petitioner Macabulos commenced this proceeding on March 16, 2020, alleging causes of action for administrative and traditional mandamus. [1] The Petition alleges in pertinent as follows. Ryan is a Licensed Vocational Nurse (“LVN”). Following the filing of an Accusation and an evidentiary hearing on November 12 and 13, 2019, a Proposed Decision was issued and adopte...

Excerpt: ...y App source code; (2) from releasing the “Yuhmmy App” to the public; (3) from releasing any other mobile application to the public using software, source code, confidential business information of Vinofy, Inc., and intellectual property developed for Vinofy, Inc. and Xinyu Deng; and (4) requiring the turnover of the Vinofy app source code to Plaintiffs. Procedural History On October 1, 2020, Plaintiffs filed an unverified complaint against D...

Excerpt: ...following tentative decision. A. Statement of the Case Petitioner PCSD commenced this action on September 4, 2020, alleging causes of action for traditional mandamus and declaratory relief. The verified Petition alleges in pertinent part as follows. PCSD owns the property located at 1517-1531 West 23rd Street (“Property”) in the City's Corridors Subarea A, “Neighborhood-Serving Corridor,” portion of the South Los Angeles Community Plan Im...

Excerpt: ...les (“Church”) enjoining (1) Defendant Jong Suk Choi aka Olaf J. Choi (“Choi”) from using the Church's name, logo, and website, and (2) Defendants Choi, Hapdong, and LA Open Door Presbyterian Church (“LAOD”) from interfering with Church's possession and control of its property located at 1218 S. Fairfax Avenue, Los Angeles, California 90019 (“Property”). The court has read and considered the moving papers, opposition, and reply, [...

Excerpt: ...ed) and renders the following tentative decision. A. Statement of the Case 1. Complaint Jumbo commenced this proceeding on October 27, 2020, alleging causes of action for judicial foreclosure and appointment of receiver. The verified Complaint alleges in pertinent part as follows. On September 3, 2019, Bellevue executed a Promissory Note Secured by a Deed of Trust for a brokered loan of $1,300,000 at 15% interest ("Note"). The term was 24 months ...

Excerpt: ...tative decision. A. Statement of the Case 1. Complaint Plaintiff Imprima commenced this action on September 23, 2020, alleging causes of action for (1) breach of contract; (2) goods sold and delivered; (3) open book account; and (4) action for the price (Com. Code §2709). The verified Complaint alleges in pertinent part as follows. Imprima previously owned two wholly-owned subsidiaries, City Prints, LLC (“City Prints”) and Premier Fabrics, I...

Excerpt: ... pursuant to CRC 2.550 and 2.551. 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 Crawley commenced this action on September 28, 2020, alleging a cause of action for breach of contract. The Complaint alleges in pertinent part as follows. Pursuant to a written employment contract dated September 29, 2017 (“Exclusive Employ...

Excerpt: ...s filed), and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Tuscany commenced this action on August 10, 2020 against Defendants Whittier, Mike Lev (“Lev”), Alex Meseonznik (“Meseonznik”), and Derek W. Zirkle (“Zirkle”), alleging causes of action for (1) breach of oral contract; (2) open book account; (3) account stated; (4) fraud-negligent misrepresentation; (5) intentional misrepresentation...

Excerpt: ... an orderly manner for the payment of Bank and other creditors. Bank also moves for a preliminary injunction restraining and enjoining TRB from interfering with the duties of the receiver. 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 Bank commenced this proceeding on September 22, 2020, against Defendants TRB, Jon Robert Mu...

Excerpt: ... Police Department (“LAPD” or “Department”). The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case Petitioner Dorsey commenced this proceeding on January 21, 2020, alleging a cause of action for administrative mandamus. The verified Petition alleges in pertinent part as follows. Dorsey was a sworn LAPD police officer with the rank of Police Office...

Excerpt: ...ar (“Amirianfar”) in the amount of $875,148.14. The court has read and considered the moving papers [1] and opposition [2] , and reply [3] , and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Kingsman commenced this action on July 27, 2020. The operative pleading is the First Amended Complaint (“FAC”) filed on October 22, 2020, alleging causes of action for (1) fraud, (2) breach of contract, (3) ...

Excerpt: ...ng tentative decision. A. Statement of the Case Petitioner Kamer commenced this proceeding on April 15, 2020, alleging a cause of action for administrative mandamus. The Petition alleges in pertinent part as follows. Kamer is a student at the University of California, San Diego (“UCSD”). On May 11, 2019, Kamer took an approximately 26 seconds video of another student without that student's permission. The student was inside the student's resi...

Excerpt: ...o allow him to inspect APCT's books and records. 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 Rostami commenced this proceeding on November 15, 2019, alleging a cause of action for traditional mandamus. The Petition alleges in pertinent part as follows. Rostami is the owner of record of at least 48 shares of Class A sto...

Excerpt: ...issani Bros. Hyundai (“Nissani Hyundai”); RHN, Inc., dba Nissani Bros. Nissan (“Nissani Nissan”) (collectively, the “Dealerships”) to recover certain collateral, consisting of new and used vehicles (the “Collateral”). The court has read and considered the moving papers, ex parte opposition, [1] and reply, [2] and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Bank commenced this proceedin...

Excerpt: ...Project”). The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case 1. The Petition Petitioner Lucas commenced this proceeding on December 24, 2019, alleging a cause of action for violation of the California Environmental Quality Act (“CEQA”) and seeking the remedy of injunctive relief. The verified Petition alleges in pertinent part as follows. On Oct...

Excerpt: ...position, [1] and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Rios commenced this proceeding on December 18, 2019, alleging causes of action for mandamus and declaratory relief pursuant to the California Public Records Act (“CPRA”). The verified Petition alleges in pertinent part as follows. After the City published its annual budget on October 15, 2019, Rios emailed the City a CPRA req...

Excerpt: ... to CCP section 425.16(c). Rios also moves for an order compelling the City's Finance Director, Rose Tam (“Tam”), to attend and testify at a deposition. The court has read and considered the moving papers, oppositions, and replies, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioner Rios commenced this proceeding on December 18, 2019, alleging causes of action for mandamus and declaratory relief pursu...

Excerpt: ...�Zuma Management”) (collectively “Zuma Defendants”), and Henry Shi aka Yuan Shi (“Shi”) in the amount of $4,611,815. The court has read and considered the moving papers, [1] and opposition, [2] and reply, and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Carter commenced this action on January 23, 2020. The operative pleading is the First Amended Complaint (“FAC”) filed on April 1, 2020, a...

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: ... Statement of the Case 1. Complaint Plaintiff Schwartz commenced this action on June 21, 2019. The operative pleading is the Second Amended Complaint (“SAC”) against Defendants Cimmarrusti and MC2 Construction LA, Inc. (“MC2”), filed on July 28, 2020, [3] alleging causes of action for: (1) affirmative misrepresentation; (2) fraudulent inducement; (3) concealment; (4) negligent misrepresentation; (5) unlicensed contractor, Bus. & Prof. Cod...

Excerpt: ...ly Family Trust (“Trust”). The court has read and considered the moving papers, oppositions, [1] and replies, and renders the following tentative decision. A. Statement of the Case Petitioner Smith commenced this proceeding on February 20, 2020, alleging causes of action for traditional mandamus and declaratory relief. The Petition alleges in pertinent part as follows. Petitioner owns the property located at 405 Puerto Del Mar, Pacific Palisa...

Excerpt: ...onsidered the moving papers and opposition (no reply was filed), and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Merida commenced this proceeding on September 30, 2020 against Defendants NJR and Discovery Estates, LLC (“Discovery”), alleging causes of action for (1) forcible entry, (2) forcible detainer, (3) civil trespass, (4) conversion, and (5) declaratory relief and seeking the remedy of injun...

Excerpt: ...ting a trustee's sale of the real property located at 1132 S. Manhattan Place, Los Angeles, CA 90019, Lot 2 of Tract No. 3418 (“Property”). 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. Complaint Plaintiffs commenced this proceeding on August 25, 2020, alleging causes of action for: (1) violation of Unfair Business Practices Act (Bus. &...

Excerpt: ...is proceeding on April 9, 2020 alleging causes of action for administrative and traditional mandamus, declaratory relief, and seeking the remedy of injunctive relief. The verified Petition alleges in pertinent part as follows. While Morrissey was still in recovery from cancer surgery, Respondent City of Los Angeles (“City”) and its agent, Viertel's Automotive Service (“Viertel's”), unlawfully seized and sold Morrissey's car without due pr...

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: ... UNR commenced this action on July 17, 2020, alleging causes of action for (1) breach of written contract; (2) breach of oral contract; (3) work, labor, and services rendered; (4) open book account; (5) account stated and quantum meruit; and (6) reasonable value of services rendered. The Complaint alleges in pertinent part as follows. Commencing on or about February 1, 2015 and continuing through at least April 6, 2020, UNR entered into an oral a...

Excerpt: ...right to attach order against Defendant Saris Der Sarkissian (“Der Sarkissian”). The court has read and considered the moving papers and late opposition (no reply was filed), and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Malibu commenced this action against Defendant Der Sarkissian as an individual and as trustee of the Sarkis M. Der Sarkissian and Mary O. Der Sarkissian Trust (“Trust”), on ...

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: ...les (“Church”) enjoining (1) Defendant Jong Suk Choi aka Olaf J. Choi (“Choi”) from using the Church's name, logo, and website, and (2) Defendants Choi, Hapdong, and LA Open Door Presbyterian Church (“LAOD”) from interfering with Church's possession and control of its property located at 1218 S. Fairfax Avenue, Los Angeles, California 90019 (“Property”). The court has read and considered the moving papers, opposition, and reply, [...

Excerpt: ...ent 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 that it has ...

Excerpt: ...arance Required” matters. The 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 m...

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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ... 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: ... [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: ... 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: ...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: ... 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...

Excerpt: ...osition [1] , and reply, and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff ULRS commenced this action on May 18, 2020. The operative pleading is the First Amended Complaint (“FAC”) filed on September 3, 2020, which alleges causes of action for (1) breach of contract; (2) unjust enrichment; (3) breach of personal guaranty; and (4) fraudulent misrepresentation. The FAC alleges in pertinent part as fol...

Excerpt: ...A. Statement of the Case 1. Petition Petitioner Butler commenced this proceeding on May 28, 2020. The Petition alleges in pertinent part as follows. On June 28, 2019, Butler was a passenger on a LBPTC bus, which was traveling on the Pacific Coast Highway, at or near Cedar Avenue, City of Long Beach (“Long Beach”), when the driver of the bus suddenly braked, causing Butler to fall inside of the bus, causing significant injury. On January 11, 2...

Excerpt: ...ion. A. Statement of the Case 1. Petition Petitioner Pickens commenced this proceeding on May 28, 2020. The Petition alleges in pertinent part as follows. On June 28, 2019, Pickens was a passenger on a LBPTC bus, which was traveling on the Pacific Coast Highway, at or near Cedar Avenue, City of Long Beach (“Long Beach”), when the driver of the bus suddenly braked, causing Pickens to fall inside of the bus, causing significant injury. On Janua...

Excerpt: ...��Property”) other than as a residence for Ziv and from renting the Property to third parties as a venue for parties or social gatherings. The court has read and considered the moving papers, [1] ex parte opposition (no opposition to the OSC was filed), and reply, and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiffs Moshtael commenced this proceeding on September 9, 2020, alleging causes of action for: ...

Excerpt: ...f the Case 1. Petition Petitioner Rodriguez commenced this proceeding on July 9, 2020. The Petition alleges in pertinent part as follows. On January 2, 2019, Rodriguez was a passenger on a bus operated by Montebello. When Rodriguez boarded the bus, the bus operator failed to properly secure Rodriguez's wheelchair. Consequently, at the intersection of Fourth Street and Olive Street, Downtown Los Angeles, Rodriguez's wheelchair moved abruptly, caus...

Excerpt: ... causes of action for administrative mandamus declaratory relief pursuant to the California Environmental Quality Act (“CEQA”) and seeking the remedy of injunction. The verified Petition alleges in pertinent part as follows. On May 14, 2019, rural residents from the community of Acton and members of SORT received notification that the Los Angeles County (“County”) Chief Executive Office ("CEO") had prepared a draft "Sustainability Plan" (...

Excerpt: ...Real Party-in-Interest Brian Mayfield (“Mayfield”) to a 30-day suspension. The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case Petitioner LASD commenced this proceeding on April 22, 2019. The Petition asserts a cause of action for administrative mandate and alleges in pertinent part as follows. Mayfield was hired as a deputy sheriff trainee on Novem...

Excerpt: ...A. Statement of the Case 1. Petition Petitioner Hadley commenced this proceeding on June 5, 2019, alleging causes of action for traditional mandamus and declaratory relief and seeking the remedy of injunctive relief. The Petition alleges in pertinent part as follows. On August 15, 2018, the City entered into a Franchise Agreement for Official Police Tow Services with Hadley for a four-year term, set to expire on August 15, 2012 (“Agreement”)....

Excerpt: ...of a drink spiking at a party in May 2019 or to justify withholding the information by demonstrating that it is exempt. The Department also moves to strike portions of Austin's First Amended Petition (“FAP”). 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. Petition Petitioner Austin commenced this proceeding on January 31, 2020. The...

Excerpt: ...ello Land and Water Company, Tract 349, Mutual Water Company, and Walnut Park Mutual Water Company move for an award of attorneys' fees against Respondent Central Basin Municipal Water District. 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 Petitioners commenced this proceeding on March 25, 2020. The operative pleading is the First...

Excerpt: ...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 Ahluwalia, acting pro per, commenced this proceeding on August 4, 2020, alleging a cause of action for claim and delivery of personal property and damages. The Complaint [2] alleges in pertinent part as follows. At all relevant times, Ahluwalia was and is entitled to possessio...

Excerpt: ...tatement of the Case 1. Complaint Plaintiff Ontario commenced this action on July 1, 2020, alleging causes of action for breach of contract and fraud. The Complaint alleges in pertinent part as follows. In late July 2019, Defendants EFO and Randall Emmett (“Emmett”) approached Plaintiff seeking a bridge loan in connection with EFO's purported audio-visual project entitled “Pump” (the “Series”). Emmett represented to Plaintiff in oral ...

Excerpt: ...n the parties. 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 commenced this proceeding on September 18, 2019, alleging a cause of action for traditional mandamus. The verified Petition alleges in pertinent part as follows. In 2015, the OCERS Board of Retirement (“Board”) determined the Department's projected liability fo...

Excerpt: ... Pandey (“Pandey”) (collectively, “Caregivers”) from entering the premises at The Diplomat, 10350 Wilshire Boulevard, Los Angeles, CA 90024 (the “Property”), or Thompson's dwelling therein, Unit No. 502 (the “Unit”), or from coming to and going from the Unit with reasonable precautions. The court has read and considered the moving papers, opposition, [1] and reply, and renders the following tentative decision. A. Statement of the ...

Excerpt: ...nation task notification (“Termination Notice”) by a date certain, so that those health plans can process the termination of the Professional Services Provider Agreement dated December 1, 2017 between Plaintiff and Defendant (the “CFC Provider Agreement”); and if CFC fails to issue the Termination Notification by that date certain, the court's order shall be deemed the Termination Notification to all relevant health plans. The court has r...

Excerpt: ... and opposition [2] (no reply was filed), and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Meredith commenced this action on February 15, 2019 against Defendants Franz and Phase9 [3] . The operative pleading is the First Amended Complaint (“FAC”) filed on November 21, 2019, which alleges causes of action for (1) fraud, (2) violation of the Consumer Legal Remedies Act, (3) violation of Civil Code se...

Excerpt: ...nd renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Arica commenced this proceeding on September 1, 2020, alleging a cause of action for declaratory relief. The Complaint alleges in pertinent part as follows. In October 2017, Viltar LLC (“Viltar”) issued a secured promissory note to pay Arica the principal amount of $800,000 (the “$800,000 Note”). The Viltar Note was secured by a deed of trust on t...

Excerpt: .... A. Statement of the Case 1. Petition Petitioner Hadley commenced this proceeding on June 5, 2019, alleging causes of action for traditional mandamus and declaratory relief and seeking the remedy of injunctive relief. The Petition alleges in pertinent part as follows. On August 15, 2018, the City entered into a Franchise Agreement for Official Police Tow Services with Hadley for a four-year term, set to expire on August 15, 2012 (“Agreement”...

Excerpt: ... strike the Letter of Determination (“LOD”) from the Administrative Record found at AR 628-38. The court has read and considered the moving papers, oppositions, and replies, and renders the following tentative decision. A. Statement of the Case Petitioner District Square commenced this proceeding on February 14, 2020. The Petition alleges in pertinent part as follows. Petitioner proposed to construct the Project, consisting of 577 housing uni...

Excerpt: ...ssions Code section 7107 and imposing a civil penalty of $1,500. The court has read and considered the moving papers, opposition, and reply, and renders the following tentative decision. A. Statement of the Case Petitioner Mr. Build commenced this proceeding on November 12, 2019 alleging a cause of action for administrative mandamus. The verified Petition alleges in pertinent part as follows. Maria Arroyo (“Arroyo”) contracted Mr. Build to in...

Excerpt: ...[2] A. Statement of the Case 1. Petition Petitioner Robinson commenced this proceeding on September 25, 2019, alleging a cause of action for traditional mandamus. The verified Petition alleges in pertinent part as follows. At all times relevant, Robinson was a permanent, full-time employee of the City, working as a sworn peace officer with the Inglewood Police Department (“Department”). On June 27, 2014, Robinson was involved in a use of forc...

Excerpt: ...ers, [1] opposition, [2] and reply, and renders the following tentative decision. A. Statement of the Case Petitioner Raziel commenced this proceeding on June 8, 2020, alleging a cause of action for traditional mandamus pursuant to Corporations Code (“Corp. Code”) section 17704.10(f). The verified Petition alleges in pertinent part as follows. Eliasi and Benisti are the managing members of the Company and, pursuant to Vision's Operating Agree...

Excerpt: ... of mandate filed by Petitioner Jeffrey A. Cohen (“Cohen”). The court has read and considered the moving papers, opposition, [1] and reply, and renders the following tentative decision. A. Statement of the Case Petitioner Cohen commenced this proceeding on January 22, 2020, alleging a cause of action for administrative mandamus. The verified Petition alleges in pertinent part as follows. Cohen is the owner of the property located at 3565 Nort...

Excerpt: ... read and considered the moving papers, [1] oppositions, [2] and replies, and renders the following tentative decision. A. Statement of the Case Petitioner Rios commenced this proceeding on December 18, 2019, alleging causes of action for mandamus and declaratory relief pursuant to the California Public Records Act (“CPRA”). The verified Petition alleges in pertinent part as follows. After the City published its annual budget on October 15, 2...

Excerpt: ...from the Company due to the Receiver's misfeasance or malfeasance, (2) directing the Receiver to permit Regency to pay Brian's salary in arrears up to the amount specified in the Term Sheet, and (3) removing the Receiver. The court has read and considered the moving papers, oppositions, and reply, and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Drake Kennedy (“Drake”) commenced this proceeding on ...

Excerpt: ...ailure to pay overtime, failure to provide accurate itemized wage statements, failure to reimburse required expenses, and failure to provide wages when due. The matter was filed in 2017, but was stayed while the parties arbitrated plaintiff's individual non‐PAGA claims. It was settled with the assistance of an experienced mediator. There is a separate settlement between Ms. Karr and Defendant of her individual claims, which is not submitted to ...

Excerpt: ...s [1] (“Dones”) (collectively, “AIRS”). The court has read and considered the moving papers [2] and opposition (no reply was filed), and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioners commenced this proceeding on July 3, 2019, alleging a cause of action pursuant to their shareholder right to inspect books and records under Corp. Code sections 1600 and 1605. The verified Petition alleges in perti...

Excerpt: ...an (“Cryan”), Donna Dunlap (“Dunlap”), Thomas Fitch (“Fitch”), Roni Goodman (“Goodman”), Geoffrey Gurrero (“Guerrero”), Henry Helin (“Helin”), Robert Horn (“Horn”), Michael Liebig (“Liebig”), Marcia Risdon (“Risdon”), Theresa Robertson (“Robertson”), James Ryono (“Ryono”), James Small (“Small”), Peter Starodub (“Starodub”), Jewell Toombs (“Toombs”), and Cynthia Uruburu (“Uruburu”). The c...

Excerpt: ... decision. A. Statement of the Case 1. Complaint Plaintiff Malibu commenced this action against Defendant Der Sarkissian as an individual and as trustee of the Sarkis M. Der Sarkissian and Mary O. Der Sarkissian Trust (“Trust”), on June 8, 2020 alleging a cause of action for breach of written contract. The verified Complaint alleges in pertinent part as follows. Malibu and Der Sarkissian entered into a written lease agreement for the properly...

Excerpt: ...ng papers [1] (no opposition was filed), and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Mercedes-Benz commenced this proceeding on January 15, 2020 against Defendant Estate (“Estate”) of Ashot Davtyan (“Davtyan”), by and through its personal representative, alleging causes of action for (1) breach of contract, (2) common count, (3) claim and delivery, and (4) violation of Civ. Code section 30...

Excerpt: ...tition Petitioner Graciliano, acting pro per, commenced this proceeding on February 10, 2020. The Petition alleges in pertinent part as follows. On August 5, 2018, Los Angeles County Deputy Sheriff Veronica Chau (“Chau”) collided her police vehicle with Graciliano's vehicle, resulting in damage to Graciliano's vehicle that was covered by her insurance carrier. Graciliano also suffered personal bodily injuries that were not immediately apparen...

Excerpt: ..., and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Elizon commenced this action on December 19, 2018 against Defendants Caritina Drive, LLC (“Caritina”), Harout H. Broutian (“Broutian”), The Broutian Family Trust (“Trust”), First American Trustee Servicing Solutions, LLC (“First American”), Chuck Dorfman (“Dorfman”), Dean Okland (“Okland”), Bandy, and Foster, alleging causes of ...

Excerpt: ...ar crash that occurred at the 16000 block of Arrow Highway on July 15, 2019. 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 Austin commenced this proceeding on January 10, 2020, alleging causes of action for mandamus and declaratory relief pursuant to the CPRA. The verified Petition alleges in pertinent part as follows. The D...

Excerpt: ...order to show cause (“OSC”) re: contempt. The Receiver's motion is made on the ground that Defendant Brian Kennedy (“Brian”) has violated the court's Receivership Order of December 7, 2018 (“Order”) and has directed and/or allowed his employees at the Company [1] to violate the Order. [2] The Receiver also moves to quash eight subpoenas served on his representatives. Plaintiff Drake Kennedy (“Drake”) and non-party O'Melveny & Myer...

Excerpt: ...owing tentative decision. A. Statement of the Case 1. Petition Petitioners commenced this proceeding on March 25, 2020. The operative pleading is the First Amended Petition (“FAP”), filed on April 7, 2020. The verified FAP alleges in pertinent part as follows. The Central Basin Municipal Water District (“District”) is a special district that was formed to act as a water wholesaler to water providers in southeast Los Angeles County that de...

Excerpt: ...and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff Black Box commenced this action on June 23, 2020, alleging causes of action for (1) breach of written contract, (2) common count: reasonable value of services rendered (quantum meruit), (3) account stated, (4) open book account, (5) indebtedness, and (6) unjust enrichment. The Complaint alleges in pertinent part as follows. Black Box is a creative agency...

Excerpt: ... moves for a protective order directing Respondent/Defendant Regents of the Regents of California (“Regents”) to withdraw all discovery requests that concern his personal history, activities, and motivation. Abrams also moves to compel the Regents to provide further responses to his Interrogatories. Regents separately move to compel Abrams to provide further responses to its Interrogatories and to provide further responses to the Regents' req...

Excerpt: ...of the Case 1. Complaint Plaintiff Bank commenced this proceeding on March 12, 2020 against Defendants Radix Textile, Inc. (“Radix” or “Borrower”), Jefferson, and Shemirani. The Complaint alleges causes of action for (1) breach of note, (2) breach of guaranty, (3) breach of guaranty, (4) claim and delivery, (5) conversion, (6) money lent, (7) account stated, and (8) fair valuation. The Complaint alleges in pertinent part as follows. On Ju...

Excerpt: ...reply, [3] and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiff JTB commenced this action against Defendants Mahrad, Nazarian, and Farzad Mansouri (“Mansouri”) on September 10, 2019. The operative pleading is the First Amended Complaint [4] (“FAC”) filed on June 9, 2020, which alleges causes of action for: (1) breach of real property lease agreement; (2) breach of guaranty; (3) account stated; (4) ...

Excerpt: ... and renders the following tentative decision. A. Statement of the Case 1. Complaint Plaintiffs commenced this action on December 14, 2018 against Defendants Lisa, William J. Barkett (“William”), San Gabriel Valley Water and Power, LLC (“San Gabriel”), BMF Limited, LLC (“BMF”), Merjan Financial Corporation (“Merjan”), JJA Partners, LLC, New English Rancho, LLC, Silverado Street, LLC, Castaic Partners, LLC, Castaic Partners II, LLC...

Excerpt: ...ird Party, Ninyuan He 3. Defendant/Cross-Complainant Jay Min Chen's MOTION TO COMPEL COMPLIANCE WITH REQUESTS FOR PRODUCTION OF DOCUMENTS, SET TWO Responding Party: Plaintiff/Cross-Defendant, Carrien Qian He 4. Cross-Complainant Jay Min Chen's MOTION [FOR LEAVE] TO FILE SECOND AMENDED CROSS-COMPLAINT Responding Party: Cross-Defendant, Carrien Qian He Tentative Ruling 1.-3. See below. 4. Cross-Complainant Jay Min Chen's Motion [for Leave] to File ...

Excerpt: ...ad and considered the moving papers [1] and opposition (no reply was filed), and renders the following tentative decision. A. Statement of the Case Petitioner Krellestein commenced this proceeding on August 23, 2019. The operative pleading is the First Amended Petition (“FAP”), filed on June 8, 2020 and alleging a cause of action for administrative mandamus in pertinent part as follows. On April 29, 2019, Krellestein was detained by Los Angel...

Excerpt: ...ion, and reply, and renders the following tentative decision. A. Statement of the Case 1. Petition Petitioners commenced this proceeding on June 27, 2019. The Petition alleges in pertinent part as follows. Petitioners are minors who reside in the City of Lancaster. On February 19, 2015, Petitioners were removed from the home of their mother, Wendy Trujillo (“Trujillo”) and placed into foster care. Petitioners were thereafter declared to be de...

Excerpt: ... Orange County (“OCSC”) in the amount of $190,350.25, pursuant to CRC 10.500(j)(6), Govt. Code section 6259(d), and CCP section 1021.5. Respondent OCSC separately moves to strike the memorandum of costs filed by the Association in its entirety. The court has read and considered the moving papers, [1] OCSC's consolidated opposition/reply, [2] and Petitioner's consolidated reply, and renders the following tentative decision. A. Statement of the...