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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 ...