Excerpt: ...ia Public Records Act ("CPRA"). Background Petitioners CPRA Requests On or about January 18, 2019, and February 21, 2019, the Los Angeles County Sheriffs Department ("LASD") Discovery Unit received CPRA requests submitted by Petitioner seeking seven categories of records, specified below: 1. The results ot the LASD's investigation of Service Comment Report # 246868; 2. Arrest records/incident report tor File # 492-00598-2516-181 ; 3. Arrest repol...

Excerpt: ...hout proof ot consent by the owner ot record ot the real propeny to which the permit relates. 8. Issue a permit under LAMC section 91_6216_4. to allow "Alterations, Repairs or Rehabilitation" ot the First Billboard [located at located at 6301 Santa Monica Boulevard] so long as the work does not exceed "50 percent ot the replacement cost ot both the sign and sign support structure" (Compl_ p. 25, Prayer.) Background The Service Station The Billboa...

Excerpt: ...he DMVs Vehicle Industry Registration Procedures Manual SS 11.105, 11_110, and 12.030 and the DMV s Registration 0 Manual SS 5.135, 5.140, and 10.030 — in process ng Petitioner/PIaintitfs applications tor transfer ot title and registration ot her inherited vehicle (or at least ner application tor registration of it)." (Notice 1-2) Factual Background and Procedural History Petitioners brother, James Franm, was a resident of Tennessee. He died in...

Excerpt: ...tudent FM, by and through his Guardian Ad Litem GM.; and Black Parallel School Board ("Petitioners") for a writ of mandate directing Respondents to "develop[] a monitoring system for regularly reviewing discipline data for accuracy and for racial disproportionality." (See First Amended Petition ("FAP") '1 105 and p. 37, 3.) und "This case seeks to require [Respondents] to monitor all California public school districts for racially discriminatory ...

Excerpt: ... UCLA Student Conduct Code and imposing a deterred suspension tor five years. Background Petitioners Earth Science Course and Midterm Exam # 2 In Fall 2020, Petitioner was a first-year student in Professor Kevin Coffey's ntroduction to Earth Science course at UCLA. (AR 119, 132) Due to the COVID-19 pandemic, the entirety ot the course, Including examinations, took place virtually. (Ibid. at AR 74-75.) The course syllabus included a section titled...

Excerpt: ...for sale." (Mot 2.) Plaintiff also moves for a preliminary injunction in aid of the receivership. Defendants Dion Dersarkissian ('Dion"), Arin Dersarkissian ("Arin"), Pinky's Iron Doors, LLC ('Pinky's"), and 2994 Durand LLC ("Durand LLC") (collectively, "Defendants") oppose the motion. Relevant Procedural History On March 4, 2022, Plaintiff filed a complaint against Defendants for breach of contract, breach of fiduciary duty, fraud, declaratory r...

Excerpt: ...Consumer Affairs for the State of California, and David R. Fogt, Registrar of Contracts (collectively, “Respondents”) to set aside a finding of culpability and the imposition of certain monetary penalties in Board's decision revoking Petitioner's contractor's license, staying the revocation, and placing Petitioner on probation for three years. (Pet. Prayer.) Procedural History On August 31, 2021, Petitioner filed a verified petition for writ ...

Excerpt: ...nt” or “L.A. Care”) to admit Petitioner into its provider network. Factual and Procedural Background The Parties Petitioner is a corporation headquartered in the city of Van Nuys which provides behavioral health treatment (“BHT”) to individuals in the autism spectrum and other special needs in Southern California, including Los Angeles County. (AR 63-66, 121-122.) Respondent is a local public agency created by the State of California to...

Excerpt: ...rnia Public Records Act (“CPRA”). The court held a hearing on the petition on March 16, 2023. At oral argument, Petitioner argued that People vs Gonzalez (1990) 51 Cal.3d 1179 affects the outcome of his writ petition. Because Petitioner had not included this case in his written briefs, the court continued the hearing so Respondent could respond in a supplemental brief. On March 23, 2023, Respondent filed and served its supplemental brief addr...

Excerpt: ...s (“City”), Los Angeles Department of Building and Safety (“LADBS”), and Board of Building and Safety Commissions (“BBSC”) (collectively “Respondents”) to set aside the “permits and entitlements” for two separate multi-family residential structures on properties located at 1772 Glendon Avenue and 1751 Malcolm Avenue on the westside of Los Angeles (“Project”). (See Opening Brief (“OB”) 4-5 and Pet. Prayer ¶¶ 1-3.) Res...

Excerpt: ...s Angeles (“City”); the County of Los Angeles Treasurer and Tax Collector (“County”); and Petitioner Lionel Wyatt, individually and as trustee, on behalf of the Wyatt Children's Trust (“Petitioner”) each move to enforce a signed stipulated settlement dated June 1, 2022, pursuant to CCP section 664.6. In the alternative, City and Petitioner request that the court “vacate” the settlement and restore the action to the status quo befo...

Excerpt: ... Claremont and $136, 79582 against Dalton. Defendants also request 'the Court clarify the assignment of costs as to Defendant Casey Dalton." Judicial Notice Plaintiffs Request for Judicial Notice ("RJN") Exhibits 1-17 — Granted. (Evid. Code S 452(b), (c), Defendants' objections to the RJN are all overruled. The court records, which relate to the applications for attachment for which Defendants seek reconsideration, are subject to judicial notic...

Excerpt: ... ("Director") (collect vely "Respondents") to, within 90 days ot issuance ot the court's order, "review the Medi-CaI reimbursement levels tor anesthesiology physician services in the Medi-Cal tee-tor service delivery system" and "take into account at least the following factors: (1) Annual cost increases tor anesthesiology physicians as reflected by the Consumer Price Index, (2) Anesthesiology physician reimbursement levels under the Medicare Pro...

Excerpt: ...er official capacity as Los Angeles City Clerk ("Clerk"), and the City of Los Angeles (collectively, "Respondents) to refrain from taking any action to validate initiative petition signatures, place on the ballot, or otherwise adopt into law an initiative petition entitled "Limit Healthcare Executive Compensation in Los Angeles" ('Elnitiative_") Respondents and Real Parties in Interest Calvin Karl Skinner, Jr., Maky Peters, Keisha Stewart, Jonath...

Excerpt: ...y" or "Respondents") to retrain from implementing or enforcing the initiative measure titled "Pasadena Charter Amendment Initiative Petition Measure Imposing Rent ControlÆ or "Measure H" Petitioners also seek a judicial declaration stating that Measure H is void and unenforceable Respondents and Intervenors Michelle White, Ryan Bell, and Affordable Pasadena ("Intervenors") separately oppose the petition. Judicial Notice Intervenors Requests tor ...

Excerpt: ...wn ("Petitioner") Judicial Notice Respondent's Request for Judicial Notice ("RJN"), Exhibits A-G - Granted. (EVid. cooe S 4520), Petitioner objects to the request for judicial notice on the grounds that it constitutes "extrinsic evidence." (Oppo 2) The objection IS overruled. Exhibits A-G are all subject to judicial notice pursuant to Evidence Code section 452(ö), (c), (h) as official acts ot LADWP, provisions trom City's charter, or facts not r...

Excerpt: ... ,411 Relevant Procedural History On March 8, 2022, Plaintiff filed a verified complaint against Defendant Alves and Defendant Shift Energy Holdings, Inc. ("Shift') for multiple causes of action, including breach of contract The complaint is verified by Robert Gary, as Successor Trustee to the James F. Chamberlain Living Trust. On August 2, 2022, the trial court (Judge Wendy Chang) overruled Defendants' demurrer to the complaint On August 22, 202...

Excerpt: ...administrative decision excluding Optional Benefit Plan (“OBP”) benefits from the calculation of Petitioner's pension. In a prior writ proceeding, the court granted a writ and directed Board to set aside a decision that excluded the OBP benefits based solely on a 2002 settlement agreement. After remand, Board again excluded the OBP benefits from Petitioner's pension calculation but on different grounds. Petitioner contends that the Board erre...

Excerpt: ...missory note. Defendant initially defaulted on the complaint. On March 1, 2022, the court (Judge Theresa Traber) entered default judgment against Defendant for $300,000 in damages, $174,265.14 in prejudgment interest, $6,638.65 in attorney's fees, $577.38 in costs, and $600 in pre-default late charges, for a total amount of $482,081.17. The court's minute order dated March 1, 2022, states in pertinent part: “Plaintiff JL FINANCING, LLC, has mad...

Excerpt: ... property located at 36 Montecillo Drive, Rolling Hills Estates, CA 90274 (the “Property”). Judicial Notice Plaintiffs' Request for Judicial Notice (“RJN”) Exhibits 1-3 – Granted. Background Plaintiffs purchased the Property in or about October 2005. They use the Property as their primary residence. (Washington Decl. ¶¶ 3-4.) To facilitate the purchase, Plaintiffs obtained a loan in the amount of $1,000,000 from Countrywide Home Loans...

Excerpt: ...�to comply with the terms of the Memorandum of Understanding between the parties by immediately ceasing of its violation of Article 6.11 by no longer offering shifts to non- union or part time employees when POA member's desire the shift as an overtime opportunity.” (TAP Prayer ¶ 1) Background and Procedural History The Parties Petitioner is “the recognized employee organization,” which represents the following classifications of employees...

Excerpt: ...provals for a proposed multifamily development at 1309-1331 South Pacific Avenue in the San Pedro area of Los Angeles (“Project”). City and Real Party in Interest RKD 13 PAC, L.P. (“Real Party”; collectively “Respondents”) jointly oppose the petition. Judicial Notice Petitioner's Request for Judicial Notice (“RJN”) Exhibits 1-5 – Granted. Respondents' RJN A-D – Granted. Background The Project The Project “is the construction...

Excerpt: ...y On October 3, 2022, Plaintiff filed a complaint against Defendant for breach of contract (settlement agreement). On December 5, 2022, Defendant filed a cross-complaint and an answer. On December 6, 2022, Plaintiff filed and served this application for writ of attachment. On January 31, 2023, Defendant filed an opposition and a notice of opposition. On February 1, 2023, Defendant filed a second notice of opposition. On February 3, 2023, Plaintif...

Excerpt: ...Defendant's Request for Judicial Notice, Exhibits 1-9 – Granted. Plaintiff's objection is overruled. (Reply 1.) Generally, courts do not judicially notice the truth of hearsay statements in court filings. (Aixtron, Inc. v. Veeco Instruments, Inc. (2020) 52 Cal.App.5th 360, 382.) However, Defendant requests judicial notice of evidence submitted in this case, and for which Plaintiff submitted evidentiary objections for the prior application. The ...

Excerpt: ...�Respondents”) generally demur to the first, second, third, and fourth causes of action in the first amended petition for writ of mandate (“FAP”) filed by Petitioner K. Andrew Johnson, M.D. (“Petitioner”). Judicial Notice Respondents' Request for Judicial Notice (“RJN”) Exhibits 1-4 – Granted. Petitioner's RJN Exhibit 1 – Granted. Petitioner's RJN Exhibit 2 – Denied. The USC-Brookings article is not an official act of the legi...

Excerpt: ...kers Director's to remove two trees located on the city parkway located at 10729/10731 Northgate St., Culver City, CA. Judicial Notice Petitioner's Request for Judicial Notice (“RJN”) Exhibit 1 – Granted. Respondents' RJN Exhibit 1 – Granted. Respondents' RJN Exhibit 2 – Denied. Council did not rely on the Urban Forest Master Plan in its decision, and this material is not part of the administrative record. Respondents have not moved to ...

Excerpt: ...lifornia Public Records Act (“CPRA”). Judicial Notice Respondent's Request for Judicial Notice Exhibits 1-8 – Granted. Background and Procedural History Petitioner's Conviction Petitioner was convicted of first degree murder on March 13, 2007 in People v. Wright, Los Angeles Superior Court, Case No. BA237500. He was sentenced to 50 years to life in prison. Witnesses Manuel Espino and Rebecca Figueroa testified that the district attorney's o...

Excerpt: ...r pursuant to the California Public Records Act (“CPRA”). Background Petitioner's CPRA Requests On or about January 18, 2019, and February 21, 2019, the Los Angeles County Sheriff's Department (“LASD”) Discovery Unit received two CPRA requests submitted by Petitioner seeking seven categories of records, specified below: 1. The results of the LASD's investigation of Service Comment Report # 246868; 2. Arrest records/incident report for Fil...

Excerpt: ...individually and dba Krash Collision (“Redd”), and California Department of Motor Vehicles (“DMV”) over the following property: 2020 Volkswagen Tiguan, VIN # 3VV1B7AX5LM104604 (the “Vehicle”). Procedural History On September 22, 2022, Plaintiff filed its complaint for recovery of possession of personal property and other claims against Defendants. On October 20, 2022, Plaintiff filed the instant applications for writ of possession. Pl...

Excerpt: ...36,795.82, respectively. Claremont's and Dalton's Evidentiary Objections to Declarations of Avi Ryzman (1) Overruled. (2) Overruled. (3) Sustained. (4) Sustained. (5) Sustained. Plaintiff's Objections to Declaration of Casey Dalton (1) – (13) Overruled. (14) Sustained as to “As a direct result of RCB's actions, Claremont Capital has incurred at least the following damages in the following approximate amount of $1,700,000.00 in monies wrongful...

Excerpt: ...nal Zoning Enforcement Order (“FZEO”) requiring Petitioner to obtain a conditional use permit (“CUP”) to operate an automotive repossession business at 7702 Maie Avenue, Los Angeles, CA 90001 (the “Property”). Petitioner also petitions for a writ of ordinary mandate directing Respondent to set aside its denial of Petitioner's request for a clean hands waiver to allow Petitioner to continue its operations at the Property pending an app...

Excerpt: ...y located at 11229 Elm Street, Lynwood, California 90262.” (Pet. Prayer ¶ 5.) On September 15, 2022, the petition came for hearing before the court. The court adopted its tentative ruling, as set forth in its minute order, and continued the hearing on the petition to January 10, 2023, for supplemental briefing on the apparent conflict between Public Utilities Code Section 10009.6 and Government Code Section 53064.5, including relevant legislat...

Excerpt: ...laintiff's Reply RJN Exhibits A-J – Granted. Plaintiff's Reply RJN Exhibit K – Denied. Plaintiff has not provided the court sufficient information to judicially notice Exhibit K or Plaintiff's factual assertion that “Defendant was the recipient of a $300 million COVID relief loan under the Main Street Loan Facility, part of the Main Street Loan Program.” (Evid. Code § 452(c), (g), (h) and § 453(b).) Defendant's Evidentiary Objections De...

Excerpt: ...and other property and disbursement of funds remaining in the client trust account maintained by deceased attorney Michael David Randall at JP Morgan Chase Bank, account no. xxxxx7800.” (Mot. 2.) Relevant Procedural History On May 11, 2021, Petitioner filed a petition for assumption of jurisdiction over the law practice of Michael David Randall. On August 11, 2021, Petitioner filed and served its noticed motion for order assuming jurisdiction o...

Excerpt: ...) in the total amount of $192,397.80. Judicial Notice Petitioner's Reply Request for Judicial Notice (“RJN”) Exhibits 1 and 2 – Granted. District's objections to judicial notice are overruled. The requirements of Evidence Code section 452 for judicial notice are met. The court must judicially notice these exhibits to understand certain arguments made by Petitioner in reply. However, the court considers in its analysis below whether Petition...

Excerpt: ...rruled. Declaration of Michael McGarry (1) – (2) Overruled. Relevant Procedural History On July 20, 2022, Plaintiff filed a complaint for damages against Defendant. On August 26, 2022, Plaintiff filed the operative first amended complaint. On August 26, 2022, Plaintiff filed a motion for writ of attachment. On September 29, 2022, Defendant MJ Pictures and two individual defendants filed a motion to compel arbitration and stay this action. On Oc...

Excerpt: ...36,795.82, respectively. Claremont's and Dalton's Evidentiary Objections to Declarations of Avi Ryzman (1) Overruled. (2) Overruled. (3) Sustained. (4) Sustained. (5) Sustained. Plaintiff's Objections to Declaration of Casey Dalton (1) – (13) Overruled. (14) Sustained as to “As a direct result of RCB's actions, Claremont Capital has incurred at least the following damages in the following approximate amount of $1,700,000.00 in monies wrongful...

Excerpt: ...s”) generally demurrer to the second and third causes of action in the first amended petition for writ of mandate filed by Petitioner Pacific Auto Recycling, Inc. (“Petitioner” or “PARC”). Respondents also move to strike one paragraph in the second cause of action (¶ 73) and multiple paragraphs and part of the prayer for the first cause of action for declaratory relief (¶¶ 67-69 and 86). Judicial Notice Respondents' Request for Judic...

Excerpt: ...sician's and surgeon's certificate. Background and Procedural History This writ petition follows this court's issuance of a writ of mandate in a prior writ action, Case No. 20STCP01153. In the prior writ action, Petitioner challenged Board's decision dated December 10, 2018, denying her application for a physician's and surgeon's certificate. On March 16, 2021, the court granted the writ petition in part and denied the petition in part. In summar...

Excerpt: ...sufficiency of the evidence to justify the decision; and (2) abuse of discretion by the court. (Mot. 2:7-11; see CCP § 657(1) and (6).) Respondent Armenian Cultural Foundation (“Respondent” or “ACF”) opposes the motion. Judicial Notice Respondent's Request for Judicial Notice (“RJN”) Exhibits 1, 2, 3, 16, 17, 18 – Granted. Respondent's Objections to Declarations and Exhibits in Support of Petitioners' Motion for New Trial Responden...

Excerpt: ...r pursuant to the California Public Records Act (“CPRA”). Background Petitioner's CPRA Requests On or about January 18, 2019, and February 21, 2019, the Los Angeles County Sheriff's Department (“LASD”) Discovery Unit received two CPRA requests submitted by Petitioner seeking seven categories of records, specified below: 1. The results of the LASD's investigation of Service Comment Report # 246868; 2. Arrest records/incident report for Fil...

Excerpt: ...inding that Petitioner is a successor to a judgment debtor named Perez Brothers Transport, LLC under Labor Code section 2810.4 and therefore would be placed on a public list. Background On May 8, 2019, a Notice to Successor was mailed to Petitioner by the Labor Commissioner's Office identifying Petitioner as a successor to a port drayage motor carrier, Perez Brothers Transport, LLC, that has an unsatisfied final court judgment, tax assessment, or...

Excerpt: ...to the petition for writ of mandate of Petitioners Hollywood Bar Association (“HBA”), William W. Palmer (“Palmer”), and Brian D. Boydston (“Boydston”; collectively “Petitioners”). Judicial Notice Respondents' RJN Exhibits 1-16 – GRANTED. No objection has been received. Respondents submit a declaration of a custodian of records. Petitioners' RJN Exhibits A-U – GRANTED as to the existence and contents of these documents. Respond...

Excerpt: ... contract, breach of guaranty, and common counts against West Coast Storm, Inc., Michelle Maureen Moore Padilla, Boris Katz, Renato Salo, and Yeva Shabsis. On May 29 and June 1, 2020, Defendant Katz filed an answer that included multiple affirmative defenses and a cross-complaint for indemnity and declaratory relief. The answer includes an affirmative defense for statute of limitations but does not include affirmative defenses for usury or illega...

Excerpt: ...��; collectively “Respondents”) to set aside Commission's Resolution RSC 21- 592, which vacated a hearing examiner's decision decreasing Petitioner's rent by $25. Respondents and Real Party in Interest Empire View Homes, LLC (“Empire”) separately oppose the petition. Judicial Notice Respondents' Request for Judicial Notice (“RJN”) Exhibits A – Granted. Empire's RJN Exhibits A, B – Denied. Empire requests the court take judicial no...

Excerpt: ...title to the Property in May 2019 with her brother-in-law Timothy Galloway. (See Davis Decl. ¶ 5.) Plaintiff declares that her good credit was used to obtain the loan for the Property and, in exchange, Galloway agreed Plaintiff would receive $50,000 when the Property sold at a profit. (Id. ¶ 7.) Plaintiff declares that “the deed where GALLOWAY and me took title to THE PROPERTY” showed Plaintiff as having a 50% interest in the Property. (Id....

Excerpt: ...d 2 – Granted. Procedural History On September 24, 2021, Plaintiff filed an unverified complaint against Defendants for avoidance and recovery of fraudulent transfer (actual intent); avoidance and recovery of fraudulent transfer (constructive fraud); and conspiracy to defraud creditors. Defendants filed answers to the complaint. On December 17, 2021, the court (Judge Armen Tamzarian) found that the instant case is not related to Case No. 20STCP...

Excerpt: ...d decision to deny “with prejudice” Petitioner's applications for a conditional use permit and design review for a proposed mixed-use project that includes the construction of two residential units and one commercial space (“Project”). Petitioner contends that City Council's denial of the Project violated the Housing Accountability Act (“HAA”) and SB 330. Judicial Notice Respondents' Request for Judicia Notice (“RJN”) Exhibits A-D...

Excerpt: ...r pursuant to the California Public Records Act (“CPRA”). Background Petitioner's CPRA Requests On or about January 18, 2019, and February 21, 2019, the Los Angeles County Sheriff's Department (“LASD”) Discovery Unit received two CPRA requests submitted by Petitioner seeking seven categories of records, specified below: 1. The results of the LASD's investigation of Service Comment Report # 246868; 2. Arrest records/incident report for Fil...

Excerpt: ...ulver City (“Respondents”). Analysis An award of attorney fees is appropriate “to a successful party … in any action which has resulted in the enforcement of an important right affecting the public interest.” (CCP § 1021.5.) The three factors necessary to support an award of attorney fees to a successful party pursuant to section 1021.5 are: “(1) [the] action has resulted in the enforcement of an important right affecting the public ...

Excerpt: ...r of California Department of Social Services (“Respondent”) to set aside her administrative decision denying protective supervision to Petitioner. Judicial Notice Petitioner's Request for Judicial Notice (“RJN”) Exhibits A-C – Granted. Background In-Home Supportive Services “In 1973 the Legislature enacted the In-Home Supportive Services (IHSS) program to enable aged, blind or disabled poor to avoid institutionalization by remaining ...

Excerpt: ...ended Petitioner for six days from his position as Detective I with the Los Angeles Police Department (“LAPD” or “Department”). In his opening brief, Petitioner also seeks an order vacating Department's decision to demote him from Detective III to Detective I. Judicial Notice Petitioner's Request for Judicial Notice (“RJN”), Exhibit A – Granted. No exhibit A was submitted with Petitioner's RJN. Nonetheless, in its discretion, the co...

Excerpt: ...r”) opposes. Relevant Procedural History On January 15, 2019, Petitioner filed a petition for writ of mandate pursuant to CCP section 1094.5 and 1094.6. On August 23, 2019, Respondent filed its answer. On June 18, 2020, Petitioner filed his opening brief in support of the petition (“OB”). The court received Respondent's opposition (“Oppo.”), Petitioner's reply, the administrative record (“AR”), and the joint appendix. On August 20, ...

Excerpt: ...tice Exhibits 1-3 – Granted. Defendants' Evidentiary Objections Declaration of Sang H. Cho Overruled: 1-10, 13-17, 19-22, 24, 25, 27-31 Sustained: 11, 12, 18, 23, 26 Bank's Evidentiary Objections to Declaration of Sukhpal Singh Overruled: 2 Sustained: 1, 3-6 Relevant Procedural History On September 7, 2021, Plaintiffs Texarkana Hospitality, LLC, Sukhpal Singh, and Jasbir Singh filed a complaint against Bank and Sylvester Kim for injunctive and ...

Excerpt: ...strict”) and David Vannasdall (collectively, “Respondents”) to set aside a five-day suspension imposed on Doe 2 on August 22, 2019, when he was an eight-year-old third-grader, for committing or attempting to commit “robbery or extortion” in violation of Education Code section 48900(e). Petitioners also petition for a writ of mandate directing Respondents to set aside the decision of the District's Board of Education (“Board”) denyin...

Excerpt: ...21, Plaintiff filed a complaint against Defendants for breach of lease. On February 24, 2022, all Defendants answered the complaint. On September 1, 2022, Plaintiff filed and served its applications for writ of attachment on counsel for all Defendants. On October 11, 2022, Defendant Allbo Corporation (“Allbo”) filed and served an opposition to the application for writ of attachment and notice of opposition. No opposition has been received fro...

Excerpt: ...guide” for certain forensic software used by the Los Angeles County Sheriff's Department (“LASD”). Petitioner also seeks a judicial declaration that Respondent violated the CPRA in the manner it responded to her request. Background and Procedural History On August 23, 2021, Petitioner submitted a CPRA request to Respondent for “the name of the forensic software that LASD uses for data collection and analysis from cell phones” and “the...

Excerpt: ...that Defendant Michael Danielson (“Danielson” or “Defendant”) is unlawfully holding the office of City of Council Member District 5 for the City of Arcadia and an order removing him from such office. Danielson and Intervenor-Defendants City of Arcadia (“City”) and City Council of the City of Arcadia (“City Council” or “Council”; collectively “Defendants”) jointly oppose the petition. Judicial Notice; and Relators' Objectio...

Excerpt: ...he petition for writ of mandate of Petitioners Hollywood Bar Association (“HBA”), William W. Palmer (“Palmer”), and Brian D. Boydston (“Boydston”; collectively “Petitioners”). Judicial Notice Respondents' RJN Exhibits 1-16 – GRANTED. No objection has been received. Respondents submit a declaration of a custodian of records. Petitioners' RJN Exhibits A-U – GRANTED as to the existence and contents of these documents. Respondents...

Excerpt: ...0. Judicial Notice Defendants' Request for Judicial Notice, Exhibits 1 and 2 – Granted. Plaintiff's Evidentiary Objections Declaration of Charles O. Agege (1) Sustained. (2) Sustained. (3) Overruled. (4) Sustained (5) Overruled. (6) Overruled. (7) Overruled. Declaration of Ron J. Anfuso (1) - (18) Overruled. Defendants' Evidentiary Objections Supplemental Declaration of Rob Razani (1) – (8) Overruled. Relevant Procedural History On December 2...

Excerpt: ...es LLC, E-Trade Bank or other financial institution affiliated with E-Trade (‘Account Owners') including but not limited to the following accounts: account number ending in 6858 at E-Trade Securities LLC; account number ending in 9392 held at E-Trade Bank, and account number ending in 9400 held at E-Trade Bank” from “[d]irectly or indirectly withdrawing funds from these bank accounts, transferring, changing, disbursing, selling, dissipating...

Excerpt: ... and requests for admissions (“RFAs”) served on Respondent Ricardo Lara, the Insurance Commissioner of the State of California (“Respondent” or “Commissioner”). Relevant Procedural History On October 14, 2021, Petitioner filed its verified petition for writ of mandate pursuant to CCP section 1085. Respondent has answered the petition. On February 10, 2022, the court denied Petitioner's noticed motion for a preliminary injunction. The ...

Excerpt: ...ide an administrative decision rescinding Petitioner's Resource Family Approval (“RFA”) pursuant to Welfare and Institutions Code section 16519.61. Judicial Notice Petitioner's RJN Exhibit A – Granted. Background Petitioner's RFA Funding; Communications with County Social Workers; and Relationship with Aron Pasillas Petitioner became a full-time guardian of her minor nephew, E.M., in 2018. She was approved for RFA funding for E.M. on June 1...

Excerpt: ...m his premium pay position as Field Training Officer (“FTO”) with the City's Police Department. Background At the time of the incident leading to Petitioner's removal as FTO, Petitioner had been employed by the City of Torrance Police Department (“Department”) for 16 years. Petitioner had not previously been disciplined and had “above-standards” or “outstanding” performance evaluations. As FTO, Petitioner provided patrol training ...

Excerpt: ...nd transferring Petitioner from his “bonus” position as Police Officer II +6 with the Air Support Division (“ASD”) of the Los Angeles Police Department (“LAPD” or “Department”) and downgrading Petitioner to the position of Police Officer II. Relevant Procedural History On July 13, 2020, Petitioner filed his petition for writ of administrative mandate. The court received Petitioner's opening brief in support of the petition, Respon...

Excerpt: ...the Los Angeles Sheriff's Department (‘Department') reduced the number of explosive breachers to 18 subsequent to this Court's February 11, 2020 order ; and 2) that possession of a valid blasting license is not a necessary condition for the entitlement to back pay, especially in the case of those explosive breachers who had short lapses in licensure, but otherwise performed all duties associated with the explosive breacher position.” (Opening...

Excerpt: ...pondents”) generally demur to the first, second, and third causes of action in the petition for writ of mandate filed by Petitioners Strategic Actions for a Just Economy and Alliance of Californians for Community Empowerment (“Petitioners”). Judicial Notice Respondents' Request for Judicial Notice (“RJN”) Exhibits 1-7 – Granted in part and denied in part. The court judicially notices the existence of these official records. The court ...

Excerpt: ...��) and Defendant So Cal Medical Supplies (“So Cal Medical Supplies”; collectively “Defendants”) with respect to “1,405 compressed gas cylinders, size 100 lb. with detailed description on Exhibit H to Declaration of Jonathan Wai” (hereafter “Property” or “Cylinders”). Plaintiff also moves for a temporary restraining order (“TRO”) with respect to the property described in the application for writ of possession. Finally, Pla...

Excerpt: ...that Petitioner was not entitled to further long-term disability benefits under the County of Los Angeles Long-Term Disability and Survivor Benefit Plan (“the County LTD Plan” or “the Plan”). Petitioner also seeks a writ directing Respondent to pay her long-term disability benefits under the County LTD Plan starting December 23, 2019, the day Respondent ceased paying disability benefits to her. Judicial Notice Petitioner's Reply Request f...

Excerpt: ...and did not file an opposition to the motion to seal the entire court file in this action. Relevant Procedural History On October 9, 2020, Petitioner filed a verified petition for writ of mandate, which challenged Respondent's suspension of Petitioner's driver's license for one year. The suspension arose from Petitioner's failure to take a chemical test when arrested for suspicion of DUI. Also on October 9, 2020, the court granted Petitioner's ex...

Excerpt: ...itioner also requests an order that “(1) directs the City to proceed with the revocation of the challenged permits; (2) set aside the decision of the Board of Building and Safety Commissioners.” (Mot. 5.) Respondent City of Los Angeles (“Respondent” or “City”) opposes the motion. No opposition has been received from Real Parties in Interest Karla Shahin and Armen Melkonians (“Real Parties”). Procedural History On October 22, 2020,...

Excerpt: ...titioner filed a verified petition for writ of administrative mandate pursuant to CCP section 1094.5. On October 8, 2021, the court held a trial setting conference, which was attended by counsel for Petitioner and counsel for Respondent. The court set the petition for hearing on August 23, 2022, and set a briefing schedule. The court ordered Petitioner to file and serve the opening brief 60 days before the hearing, and any reply 15 days before th...

Excerpt: ...rd”), and Superintendent Albert Carvalho (collectively “Respondents”) to receive Petitioner's petition for the establishment of a charter school, as submitted to the District on March 30, 2022, in accordance with Education Code section 47605(b) and commence the statutory timelines for Board to hold a hearing on the petition and either grant or deny the charter. Judicial Notice Respondents' Request for Judicial Notice (“RJN”) Exhibit A �...

Excerpt: ... pleadings as to Petitioner Mae Nelson's (“Petitioner”) second cause of action for writ of ordinary mandate. Background Allegations of the Petition The petition may be summarized as follows: “California Legislature enacted Assembly Bill No. 12 (‘AB 12') to extend support in the form of foster care benefits to nonminor foster youth and former foster youth between the ages of eighteen and twenty-one who are actively working towards completi...

Excerpt: ... action. (Notice of Demurrer at pages 2-3.) Judicial Notice Respondent's Request for Judicial Notice (“RJN”) Exhibits A, B – Granted. (Evid. Code § 452(c), (h).) Background Summary of the Petition The petition alleges the following: “The City contracts with towing companies for Towing and Storage Services (‘Agreements'). Petitioner has been an incumbent contracted Towing and Storage Company subject to such an Agreement for approximatel...

Excerpt: ...arty-in-Interest Ta'Quon Taylor (“Taylor”) to a 25- day suspension and reinstating Taylor to his position as Sheriff's deputy with Department. This action arises out of Taylor's mishandling of emergency calls on March 4, 2016 and lying during the internal administrative investigation into the mishandling of the emergency calls. Statement of the Case For purposes of this petition which challenges only whether Commission abused its discretion i...

Excerpt: ...quests for records under the California Public Records Act (“CPRA”) dated August 31, 2021. The CPRA request relates to the police investigation into the death of Nicollette Slotkin, Petitioner's daughter, by gunshot wound. Petitioner believes there are “discrepancies” in the police investigation report, which she hopes to resolve by inspecting a 911 call and body worn video related to the investigation. Background Death of Nicolette Slotk...

Excerpt: ...y 11, 2023. Background USC is a private research university with undergraduate enrollment of approximately 21,000 students. (Mooko Decl. ¶ 2.) Petitioner is an undergraduate student at USC. She “need[s] a few more credits to graduate and earn [her] degree.” (Clark Decl. ¶ 7.) USC's Student Conduct Code Like other academic institutions of higher education, USC maintains policies, applicable to all students, to promote academic integrity. (Mo...

Excerpt: ...he amount of $143,841. Relevant Background and Procedural History On September 11, 2019, the Southwest Voter Registration Education Project (“SVREP”) filed a lawsuit against the City of Carson (“City”) alleging that the City was in violation of the California Voting Rights Act, Elections Code §§ 14025 et seq., because it elected City Council members through at-large, rather than district-based, elections. LASC Case No. 19STCV32291 (“S...

Excerpt: ...bruary 2, 2021, Plaintiff filed a complaint for breach of contract and other claims. On July 19, 2021, Plaintiff filed the operative first amended complaint (“FAC”) for breach of contract and other claims. On March 10, 2022, Defendant filed an answer. On May 31, 2022, Defendant filed a first amended answer. On May 26, 2022, Plaintiff filed the instant application for writ of attachment. The court has received Defendant's opposition and Plaint...

Excerpt: ...ive to multiple requests made by Petitioner pursuant to the California Public Records Act (“CPRA”). Judicial Notice Respondent's Request for Judicial Notice (“RJN”) of Criminal Case Summaries in People vs. Isaias Cervantes, Los Angeles Superior Court Case No. BA499677 and People vs. Jonathan Miramontes, Los Angeles Superior Court Case No. BA498018 (AR 75-77) – Granted. Background March 31, 2021, Shooting Incident Petitioner's CPRA reque...

Excerpt: ... complaint for declaratory relief (“proposed FAP”) against Respondents 15115 Burbank Homeowners' Association, Inc. and Michael Tedjasukmana (“Respondents”). Procedural History On September 30, 2021, Petitioners filed their petition for writ of mandate, which was not verified and did not include a cause of action for declaratory relief. On November 12, 2021, Respondents filed a demurrer, motion to strike, and declarations of attorney Ashto...

Excerpt: ...se. Background On November 6, 2013, the Department issued License Number OI61995 to Petitioner, allowing him to act as an Accident and Health and Life only agent. On February 20, 2020, the Department filed an Accusation against Petitioner, seeking to discipline his license based upon a felony conviction Petitioner sustained in Florida, the California Department of Real Estate's restrictions on Petitioner's real estate license, and Petitioner's fa...

Excerpt: ...with the deposition subpoena for personal appearance and production of documents and things issued by Petitioner on February 8, 2022 (“Subpoena”). Respondents City of Calabasas and City Council of the City of Calabasas (“Respondents” or “City”) oppose the motion, and Rincon joins the opposition. Background and Procedural History City's Denial of the West Village Project TNHC's petition challenges City's denial of the West Village Proj...

Excerpt: ...with the deposition subpoena for personal appearance and production of documents and things issued by Petitioner on February 8, 2022 (“Subpoena”). Respondents City of Calabasas and City Council of the City of Calabasas (“Respondents” or “City”) oppose the motion, and Rincon joins the opposition. Background and Procedural History City's Denial of the West Village Project TNHC's petition challenges City's denial of the West Village Proj...

Excerpt: ...ion as a wrongfully convicted person under California Penal Code section 4900 et seq. Real Party in Interest People of the State of California (“Real Party” or “the People”) and Board both oppose the petition. Background October 5, 2008, Attempted Murder and Petitioner's Interview with Police Petitioner's conviction was based on a shooting that occurred in the early morning hours of October 5, 2008, when he was 17 years old. That evening,...

Excerpt: ...es allegations of breach of contract and fraud by Plaintiffs against Defendants Atlantic Park Plaza, LLC (“Atlantic”), Hezi, and Javid based on common ownership of commercial real property by the parties and subsequent divestment of Plaintiffs' ownership interests through fraudulent misrepresentations by the Defendants, in violation of their agreements and without compensation to Plaintiffs. Plaintiffs seek a writ of attachment as to the eigh...

Excerpt: ...led (3) Overruled (4) Sustained. (5) Sustained as to “in breach of the terms of the Note”; overruled as to remainder. (6) Sustained. (7) Sustained. (8) Sustained. (9) Overruled. Judicial Notice Defendant's RJN Exhibits 1-3 – Granted. Procedural History On April 4, 2022, Plaintiffs filed a complaint against Defendants AFI, Alexander Gudis, and Igor Okhman, among other defendants, for breach of contract, fraud, and other claims. On April 6, 2...

Excerpt: ...eparing administrative record (Cal. Civ. Proc. Code 1094.5)” in the amount of $33,225.00. Procedural History On December 7, 2020, Petitioner filed his verified petition for writ of mandate. On December 8, 2020, Petitioner requested that Respondent prepare the administrative record pursuant to CCP section 1094.5. (Pazzani Decl. Exh. 4.) His request included a demand for all correspondence between USC personnel, John Doe, Jane Roe, and the witnes...

Excerpt: ...� or “LAUSD”) and its Board of Education (“Board”; collectively “Respondents”) “to immediately extend a single site Prop. 39 final offer to NVMI, in which NVMI is offered 27 teaching stations, 9 special education rooms, and two administrative spaces at the Sun Valley Facility for the 2022-2023 school year.” (Pet. p. 26, Prayer ¶ 1.) Petitioner's Evidentiary Objections Declaration of David Joaquin Estrada (1)– (3) Overruled (4) ...

Excerpt: ...d Petitioner for 65 days from her position as Detective II with the Los Angeles Police Department (“LAPD” or “Department”). Background Petitioner's Random Drug Test and Meetings with Dr. Manoukian At the time of the alleged misconduct, Petitioner was a 31-year veteran of LAPD, working in the Homicide Unit, Central Division. (AR 737, 738, 1198.) On April 30, 2019, Petitioner was randomly selected to be drug tested at work. (AR 738.) She pr...

Excerpt: ...spondents”) “to immediately extend a Prop. 39 final offer to Alma Fuerte in which Alma Fuerte is offered use of the Edison Facility for the 2022-2023 school year.” (Pet. p. 26, Prayer ¶ 1.) Judicial Notice Respondents' Request for Judicial Notice (“RJN”) Exhibits A and B – Granted. Background Proposition 39 “In 2000, California voters enacted Proposition 39, which requires school districts to share their facilities with charter sch...

Excerpt: ...ctober 14, 2021, and October 21, 2021, compelling disclosure to Real Party in Interest Torrance Unified School District (“Real Party” or “District”) of certain patient records of Petitioner held by Laguna Treatment Center (“Laguna”) and Joshua Lichtman, D.O. (“Dr. Lichtman”). Judicial Notice District's RJN Exhibit 1 – Granted. (Evid. Code § 452(c), (h).) Petitioner's objection is overruled. The court judicially notices the OAH ...

Excerpt: ... Care and Control (‘Respondent' or ‘DACC') Director, Marcia Mayeda (‘Mayeda') regarding her December 30, 2020 ruling that permanently revoked The Little Red Dog, Inc.'s status as an Adoptive Partner with the County of Los Angeles Department of Animal Care and Control.” (Pet. p. 2.) Procedural History On March 29, 2021, Petitioner filed a verified petition for writ of administrative mandate pursuant to CCP section 1094.5. The writ challeng...

Excerpt: ...orming, directly or indirectly, any and all of the following acts: A. Selling, transferring, bestowing or otherwise disposing of the property located at 10100 McKinley Avenue in Los Angeles, California 90002 (“Property”); B. If the property located in 10100 McKinley Avenue in Los Angeles, California 90002 is sold, transferring, bestowing, or otherwise disposing of any proceeds of the sale of the property to any heirs of Decedent Melvin Philli...

Excerpt: ...(“Respondents” or “City) pursuant to CCP section 1021.5 in the total amount of $209,380.42. Respondents move to strike or tax costs from the memorandum of costs filed by Petitioners. Judicial Notice Petitioners' Requests for Judicial Notice, Nos. 1-8 – Granted. (Evid. Code § 452(b), (c), (h).) N Background and Procedural History This action arises out of City's adoption of 22 cannabis ordinances (the “Ordinances) approving 22 developme...

Excerpt: ... Garrett, in her capacity as Director of Personnel for the County of Los Angeles (collectively, “Respondents” or County”) to set aside an administrative decision imposing a five-day suspension on Petitioner and to reimburse Petitioner for lost pay. Alternatively, Petitioner seeks a writ directing Respondents to provide him a full evidentiary hearing consistent with the Civil Service Rules on the allegations that form the basis for Petitione...

Excerpt: ...t Cross- Respondent County of Los Angeles (“County”). The court heard argument on March 17, 2022, and granted the motion in part in a lengthy minute order. The court continued the hearing for supplemental briefing on the issue of whether County is required to pay explosives pay to individuals that were sergeants or lieutenants when the cross-petition was filed. The court has received supplemental briefs from the parties and now rules on this ...

Excerpt: ..., Plaintiff filed a complaint against Defendants for breach of written contact and breach of guaranty. On June 4, 2021, Plaintiff filed its first application for writ of attachment against Jennemann. Jennemann opposed the application. On August 17, 2021, after a hearing, the court denied the first application for attachment against Jennemann on the grounds that the court could not determine the probable amount of Plaintiff's damages and also beca...

Excerpt: ...de its final decision suspending Petitioner for 30 days from his position as Deputy Sheriff with the Los Angeles County Sheriff's Department (“Department”.) Petitioner also seeks a writ of administrative mandate directing Department “to pay Petitioner his back salary together with interest at the legal rate and to restore to Petitioner all other emoluments of employment from April 19, 2016 until the date of Petitioner's reinstatement, with ...