Excerpt: ...de Respondent's decision denying Petitioner's permit application for an off-premise outdoor advertising display to be located along State Route 405. Petitioner also seeks a writ directing Respondent to “issue” the permit. Background Petitioner's Redevelopment Display Rights Petitioner is a billboard advertiser that operates a two-sided billboard adjacent to the 405 freeway west of the Edwards Street overpass in Westminster, California. (AR 37...

Excerpt: ...pondent for writ of mandate and for injunctive and declaratory relief for violations of the California Public Records Act (“CPRA”). In the CPRA request at issue in the petition, Petitioner sought “the name, manual and user guide of the forensic software that LASD [Los Angeles County Sheriff's Department] utilizes for data collection and analysis from cell phones.” (Pet. ¶ 8.) Petitioner alleges that “LASD has refused to fully provide r...

Excerpt: ...ás J. Aragón, Director of the Department (“Respondents”) to set aside an administrative decision finding that Petitioner was non-compliant on two days with the nursing hours per patient day requirement for skilled nursing facilities, and assessing an administrative penalty of $15,000 against Petitioner. Background Nursing Hour Requirements for Skilled Nursing Facilities In 2010, the Legislature created the Quality and Accountability Supplem...

Excerpt: ...ctor (“County”) (collectively “Respondents”) to, among other things, set aside an adverse administrative decision that found that the Los Angeles Department of Building and Safety (“LADBS”) did not err or abuse its discretion in issuing an Order to Comply and Notice of Fee effective September 16, 2014, with respect to real property owned by Petitioner. Judicial Notice City's RJN Exhibits 1-8 – Granted. Petitioner's objections are ov...

Excerpt: ...pending Petitioner's driver license, effective February 21, 2022, under the authority of California Vehicle Code section 13352(e)(2), for failure to comply with the terms of his driving under the influence program. Petitioner contends that Vehicle Code section 13352(e)(2) is unconstitutional on its face and as applied to Petitioner. (See Pet. ¶¶ 50-51; Ex Parte 18-23.) Judicial Notice Respondent's RJN Exhibit A – Denied. Petitioner's objectio...

Excerpt: ...ly discovered.” (See Mot. 6 and Suttle Decl. ¶ 4, Exh. 1.) Petitioner also moves “for an order remanding this matter to respondent County of Los Angeles … and its Claims Administrator, Sedgwick Claims Management Services … so that the County and Sedgwick can apply to Suttle's long-term disability claim material information – known to respondent and the Claims Administrator but unknown to petitioner – in the possession of respondent a...

Excerpt: ...Teresa Basil, May Wang, and Desiree Besharat (“Petitioners”) for failure to state a cause of action and for uncertainty. Respondents also move to strike the entire petition and also numerous allegations and prayers for relief from the petition. Background The following allegations of the petition are taken as true for purposes of demurrer. (CCP 430.30(a); Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Petitioners are homeowners of units at 15115...

Excerpt: ...building project at 600 S. Sepulveda Blvd (the “Project”). Petitioner contends that City prejudicially abused its discretion under the California Environmental Quality Act (“CEQA”) by approving the Project based upon a Class 32 categorical exemption from environmental review. Petitioner also contends that City failed to comply with certain provisions of the Manhattan Beach Municipal Code (“MBMC”) and the Brown Act in approving the Pro...

Excerpt: ... appeal of a decision of the City Zoning Administrator (“ZA”) to discontinue Petitioner's operation of a bar with alcohol sales at 900‐902 West Martin Luther King, Jr. Blvd. known as Banditos Tacos & Tequila (“Property”). Petitioner's Request to Augment Record; and Respondent's Objections Petitioner requests judicial notice of the Department of Alcoholic Beverage Control of the State of California's (hereinafter "ABC") certificate of de...

Excerpt: ...r “PCCPOA”). Background The second amended petition alleges the following: “Pursuant to the Educational Employment Relations Act (‘EERA') codified at Government Code Section 3540, the District and PCCPOA met and conferred on matters within the scope of representation. It is undisputed that wages and overtime pay are within the scope of representation.” (SAP ¶ 1.) “In November 2019, [a]n active and enforceable MOU was dated July 1, 20...

Excerpt: ... a writ of ordinary mandate directing Respondent Gavin Newsom, Governor of the State of California (“Governor” or Newsom”) to immediately rescind paragraph 15 of the Governor's Executive Order N-40-20, an emergency order that provides extensions of various statutory and regulatory deadlines during the COVID-19 pandemic. Petitioners also seek a writ of ordinary mandate directing Respondents Alex Villanueva (“Sheriff”), Los Angeles County...

Excerpt: ...e event Respondent produces redacted records, Petitioner requests in camera review. Petitioner also seeks a judicial declaration that Respondent violated the CPRA and Petitioner's rights under California Constitution, Article 1, section 3(b) by (1) failing to timely and fully respond to Petitioner's request; (2) improperly obstructing and denying the inspection and release of public records responsive to Petitioner's request; (3) depriving Petiti...

Excerpt: ...ctor (“County”) (collectively “Respondents”) to, among other things, set aside an adverse administrative decision that found that the Los Angeles Department of Building and Safety (“LADBS”) did not err or abuse its discretion in issuing an Order to Comply and Notice of Fee effective September 16, 2014, with respect to real property owned by Petitioner. Judicial Notice City's RJN Exhibits 1-8 – Granted. Petitioner's objections are ov...

Excerpt: ... Plaintiff's refusal to complete a psychiatric evaluation and/or any basis for denial or closure of her application which is based upon or related to the directive the Plaintiff undergo a psychiatric evaluation.” (Order to Show Cause ¶ 2.) The proposed order submitted by Plaintiff also sought an injunction directing Board to “process Plaintiff's December 10, 2021, application for a California medical license without Plaintiff submitting to a...

Excerpt: ...r Writ of Mandate (“FAP”) filed by Petitioner Santa Clarita Organization for Planning the Environment (“Petitioner” or “SCOPE”). Respondents also move to strike certain prayers for relief in the FAP. Judicial Notice Respondents' Request for Judicial Notice (“RJN”), Exhibits A-F – Granted. Respondents' RJN Facts Nos. 1 and 2 – Denied. Respondents request judicial notice of factual issues, based on a declaration, that are not pr...

Excerpt: ...to set aside an administrative decision finding that Petitioner violated multiple sections of CSU's Student Code of Conduct for failing to take appropriate action in response to “hazing” and other concerning behavior at his fraternity, and suspending Petitioner from the CSU System. Petitioner's Request to Augment Administrative Record “As a general rule, a hearing on a writ of administrative mandamus is conducted solely on the record of the...

Excerpt: ...ichael Moore in his official capacity as Chief of Police (collectively “Respondents”) to set aside a formal written admonishment and a penalty of extensive retraining imposed on Petitioners by the Los Angeles Police Department (“Department”). Department imposed this discipline on Petitioners because they allegedly unjustifiably and substantially deviated from Department policy regarding command and control during an officer-involved-shoot...

Excerpt: ...ioner's zone change application and request for a General Plan Amendment (“GPA”) for the following properties along the Venice Beach Boardwalk: 1915 South Ocean Front Walk, Los Angeles, CA 90291 (APN No. 4226012004) and 2013-2015 South Ocean Front Walk, Los Angeles, CA 90291 (APN No. 4226013005) (collectively, the “Properties”). Respondents oppose. Judicial Notice Petitioner's RJN Exhibits A-H – Granted. Respondents' RJN Exhibits A-D �...

Excerpt: ...a closed federal court case entitled Mendez et al. v. Leroy D. Baca et al., U.S.D.C. No. 2:11-cv-4771-MWF (Central District of California) (the “Mendez Action”). Judicial Notice Petitioner's Reply RJN Exhibits A-C – Granted. Background Petitioner made a CPRA request seeking deposition and trial transcripts from the Mendez Action from Respondent. (Pet. ¶ 6, Notice of Erratum Exh. A.) In a letter dated August 21, 2020, Respondent refused to ...

Excerpt: ...an order compelling Respondent California Department of Industrial Relations, Division of Labor Standards Enforcement (“Respondent” or “DLSE”) to: (1) abide by the court's peremptory writ of mandamus; (2) restore Petitioners' registration as to all public works projects bid and awarded before the effective debarment date of September 27, 2021; (3) prevent Respondent from advising that Petitioners are precluded on working as a contractor i...

Excerpt: ...oe”). Respondent opposes. Background The petition alleges as follows. Petitioner is a graduate university student and fifth-year Ph.D. candidate at Respondent. (Pet. ¶ 1.) Roe, a 29-year-old female graduate student, accused Petitioner of non-consensual sexual contact and this accusation led to Respondent conducting an investigation and a hearing. (Id. ¶¶ 13-14.) As a result of the hearing, the hearing examiner found Petitioner responsible un...

Excerpt: ...ber 22, 2020. Plaintiff seeks to attach the property of Defendant Arthur Arejian to the extent permitted by CCP section 487.010(c) for a natural person. Plaintiff seeks attachment over any property of Defendant Vanguard Investment Group, Inc., which is not a natural person. Procedural History On December 18, 2020, Plaintiff initially filed this action against Defendants and Glendale Ave. Property, LLC, asserting the following causes of action: (1...

Excerpt: ...ublic records that are potentially responsive to Petitioner's outstanding records requests of January 1, 2019, under the California Public Records Act (“CPRA”). Respondent's Evidentiary Objection to Declaration of Tiffany Bailey (1) Overruled. Requests for Judicial Notice Petitioner's RJN Exhibit F – Granted. (Evid. Code § 452(c).) Respondent's RJN Exhibit A – Denied. “The truth of the content of [newspaper] articles is not a proper ma...

Excerpt: ...anef”), and California Department of Motor Vehicles (“DMV”) over the following property: 2019 Volkswagen Jetta, VIN # 3VWC57BU6KM044637 (the “Vehicle”). Procedural History On August 19, 2021, Plaintiff filed its complaint for recovery of possession of personal property and other claims against Defendants. On September 30, 2021, Plaintiff filed the instant applications for writ of possession. Plaintiff has not filed proof of service of t...

Excerpt: ...A”). The court ruled, in part, on the petition on November 2, 2021, and continued the hearing so that County could submit additional evidence to support its claims of deliberative process and official information privileges. The court has received County's supplemental opposition and supplemental declaration of Lieutenant Sherif Morsi, and Petitioner's supplemental reply, and now rules as follows on County's claims of privilege. Respondent's Ev...

Excerpt: ...e petition for writ of mandate filed by Petitioners CSC Auto Salvage and Dismantling, Inc., dba Express Metals Recycling and Scott Sakajian (“Express” or “Petitioner”). Express opposes the demurrer. [1] Background For purposes of demurrer, the factual allegations from the petition are taken as true. (See Stonehouse Homes LLC v. City of Sierra Madre (2008) 167 Cal. App. 4th 531, 538.) In summary, the petition alleges the following. Express...

Excerpt: ...) (collectively “City” or “Respondents”) to rescind building permits issued to Real Party Karla Shahin “unless and until … Real Party has improved Westwanda Drive such that it is 20 feet wide or final approval of a Zoning Administrator's Determination at a public meeting subject to the Brown Act, as required by LAMC Section 12.21C10(i)(3) and LAMC Section 12.24X28.” (Pet. Prayer ¶ 1.a.) In the alternative, Petitioner seeks a writ �...

Excerpt: ...ons of the declarations of Ann Carlson, John T. Mapes, and Jennifer Mnookin submitted by Respondent The Regents of the University of California (“Respondent” or “Regents”) on the grounds that the declarations constitute “improper lay and expert witness opinion testimony.” In the alternative, “should any expert witness opinion testimony be found admissible, Petitioner will seek an order adjourning the trial to allow Petitioner (1) to...

Excerpt: ...st, LLC I (collectively “Defendants”) from foreclosing on and recording a trustee's deed upon sale against real property located at 20430 “Learmood” Ave., Apt. SD, Carson, CA 90740 (“Property”). Judicial Notice Defendants' Request for Judicial Notice Exhibits 1-12 – Granted. Defendants' Evidentiary Objections Declaration of Tony Cara (1) Overruled. (2) Sustained. (3) Sustained. (4) Sustained. (5) Sustained. (6) Sustained. Declaratio...

Excerpt: .... Factual and Procedural Background Police Chase, DUI Arrest, and Chemical Test Refusal On Saturday, January 19, 2019, at 11:31 pm, Inglewood Police Officers Quintanar and Gonzalez were dispatched following reports of “a subject driving erratically in the area, knocking over multiple traffic cones in the roadway.” (AR 3, 23, 7.) When the officers encountered the subject gray Honda, being driven by “an adult male Black wearing a red hat,” ...

Excerpt: ...ains Recreation and Conservation Authority (“MRCA”) (collectively “Respondents”) to apply for and diligently perform all acts necessary to obtain an emergency permit from the City of Malibu to restore a previously-erected 6-foot high fence along the northerly property line of their vacant lots, commonly known as Assessor's Parcel Nos. 4451-003-900 and 4451-004- 900, located between 21746 and 21660 Pacific Coast Highway (on the ocean-side ...

Excerpt: ...aintiff and Defendants have conditionally filed multiple documents under seal in support of the motion, opposition, and reply and have filed applications to seal such documents. Procedural History As relevant to the applications to seal, Plaintiff filed his fourth amended complaint on August 19, 2021. Plaintiff filed the motion to appoint receiver and application to file documents under seal in support of the motion on October 12, 2021. The court...

Excerpt: ...Zelms”), and Zelms Erlich L.L.P. dba Zelms Erlich & Mack (“ZEM”) (collectively “Defendants”) in the amount of $3,515,808, or, alternatively, $221,398 per month starting April 15, 2021, through the date of the hearing. Plaintiff also moves to seal part of the record. Motion to Seal Plaintiff moves to seal parts of the Manning and Buccola declarations submitted in support of the applications for attachment, as well as certain exhibits att...

Excerpt: ...risky (1) Sustained. (2) Sustained. Declaration of Teresa Noroian (1) Overruled. (2) Overruled. (3) Sustained. (4) Sustained. Procedural History On August 24, 2021, Plaintiff filed a complaint against Defendant for breach of contract, common counts, action to recover contractor's license bond, and other claims. On September 29, 2021, Defendant answered the complaint and filed a cross- complaint against Cross-Defendant 3400 Sunset, LLC. On Novembe...

Excerpt: ... complaint against Defendant Sims, and also against Defendant Maria Theresa Abellanossa, for conversion, breach of fiduciary duty, fraudulent concealment, breach of implied-in-fact contract, unjust enrichment, and money had and received. On August 17, 2021, Plaintiff filed its application for writ of attachment, notice of hearing, and supporting papers. On September 15, 2021, Plaintiff filed its amended application, amended notice of hearing, and...

Excerpt: ...dants”) from selling, attempting to sell, or causing to be sold the real property located at 7393 Perigord Court, Tujunga, CA, Assessor Parcel Number 2552-048-008 (“Property”). Background On or about January 15, 2018, Plaintiff received a $920,000 loan from Greenbox and executed a deed of trust to the Property in favor of Greenbox to secure the loan. (Compl. ¶ 8; Raab Decl. ¶ 7, Exh. A.) Specialized is the current servicer of the loan. (R...

Excerpt: ...t BlockFi Lending LLC, BlockFi Trading LLC, and BlockFi, Inc. (collectively, “Real Parties” or “BlockFi”) generally demur to the petition for writ of mandate filed by Petitioner George J. Gerro (“Petitioner”) for failure to state a cause of action. Judicial Notice Real Parties' RJN Exhibits A-E – Granted. Petitioner's RJN Exhibits A-B – Granted. Background For purposes of demurrer, the following factual allegations from the petiti...

Excerpt: ...yed the revocation, and imposed three years of probation. Background Petitioner is a board-certified OB/GYN licensed to practice in California and practicing in Orange County since 2005. He practices general, community obstetrics. He has delivered over 6,000 of his own patients. He has managed 400 twin pregnancies. (AR 1379-80, 1432-34.) Petitioner practices primarily at St. Joseph's Hospital, Orange, California. St. Joseph's Hospital is a tertia...

Excerpt: ...r official capacity as Trustee of the Long Beach Community College District Board of Trustees (“Board”) to recuse herself from participation in closed session meetings of the Board about the outside investigation into allegations that Respondent committed various acts of misconduct, and potential legal action by the Board against Respondent based on the investigation. The petition is brought pursuant to CCP section 1085 and, when filed, sough...

Excerpt: ...d building permits issued to Real Party Karla Shahin “unless and until … Real Party has improved Westwanda Drive such that it is 20 feet wide or final approval of a Zoning Administrator's Determination at a public meeting subject to the Brown Act, as required by LAMC Section 12.21C10(i)(3) and LAMC Section 12.24X28.” (Pet. Prayer ¶ 1.a.) In the alternative, Petitioner seeks a writ “vacating Respondents' denials of Petitioner's appeal of ...

Excerpt: ...A”). Respondent's Evidentiary Objections Declaration of Sherry Lawrence (1) Sustained. (2) Sustained. (3) Overruled. (4) Overruled. (5) Overruled. (6) Overruled. (7) Sustained as to “meaningful,” Overruled as to remainder. Declaration of Jason Frankovitz (1) Overruled. (2) Overruled. (3) Overruled. (4) Overruled. (5) Overruled. (6) Overruled. (7) Overruled. (8) Overruled. (9) Overruled. Background and Procedural History September 2019 CPRA ...

Excerpt: ...cle”). Background According to the declaration of Michelle Warren, an officer of Plaintiff, Defendants entered into a Conditional Sale Contract and Security Agreement (“Agreement”) with Plaintiff's assignor, Drivetime Carsales Company LLC, regarding purchase of the Vehicle on or about April 13, 2019. Assignor assigned the Agreement to Plaintiff that same date. Defendants defaulted on the Agreement on April 13, 2020, by failing to remit the ...

Excerpt: ...Overruled. (2) Overruled. (3) Overruled. (4) Overruled. (5) Overruled. (6) Overruled. (7) Sustained. (8) Sustained. (9) Sustained. (10) Sustained. (11) Overruled as to “Moreover, prior to April 2020, LD paid the appropriate parking fees.” Sustained as to remainder. (12) Sustained. (13) Sustained as to last two sentences starting with “Second, Mani has held the premises and the ability to re-let at any time but has done nothing ….” Overr...

Excerpt: ...ood cause to extend the 20-day limitation period pursuant to California Code of Regulations, title 22, sections 5005 and 5067(a). CUIAB opposes. Statement of the Case Because the court has not received a complete administrative record, the court's summary of the facts comes from the records that were annexed to the petition and Petitioner's opening brief (“OB”). On multiple dates in 2012, Petitioner received notices of overpayment by the Empl...

Excerpt: ...re Services (“DHCS”) and Will Lightbourne, Director of DHCS acting in his official capacity (“Lightbourne”) (collectively “Respondents”) to set aside their denial of an application to transfer a Medi-Cal certification for drug and alcohol counseling because Petitioner allegedly submitted an incomplete application. Petitioner separately seeks injunctive relief prohibiting Respondents from denying the transfer application and prohibitin...

Excerpt: ...titioner seeks an award of $43,930.45 in fees and a multiplier of 2.00, for a total of $87,860.90. Alternatively, Petitioner seeks $7,500.00 in attorney fees, the maximum fees available under Government Code section 800. Respondents oppose. Statement of the Case The court adopts its previous summary of the case and the administrative record (“AR”) in the court's April 20, 2021 order granting the petition. Petitioner, 24 years old, was an hono...

Excerpt: ...s $20,000.00 in attorney fees. Defendant opposes. Evidentiary Objections Defendant's evidentiary objections: 1. OVERRULED 2. OVERRULED 3. OVERRULED 4. OVERRULED 5. OVERRULED 6. OVERRULED 7. OVERRULED 8. OVERRULED 9. OVERRULED 10. OVERRULED 11. OVERRULED 12. OVERRULED 13. OVERRULED 14. OVERRULED 15. OVERRULED Procedural History On November 6, 2020, Plaintiff filed its complaint against Defendant for breach of lease. Plaintiff alleges that it lease...

Excerpt: ...'s opposition papers. The court rules as follows. Lewis Declaration: SUSTAINED: 2-4, 6, 8-10, 12-13, 19 OVERRULED: 1, 5, 11, 14-16, 17-18, 20 Libby Declaration: SUSTAINED: 22, 25, 27 - 35 OVERRULED: 21, 23, 36-42 SUSTAINED IN PART, OVERRULED IN PART: 24 overruled as to first sentence, sustained as to second and third sentences, overruled as to last sentence. Wong Declaration: SUSTAINED: N/A. OVERRULED: 43. Procedural History On January 29, 2021, ...

Excerpt: ...ey fees. Procedural History On December 9, 2020, Plaintiff filed its complaint against 365 Apparel Production, Inc. (“365 Apparel”), Pegasus, Hakop Shushanian (“Shushanian”), Haim Potremoly (“Potremoly”), Michael Fallas (“Fallas”), and Does 1 through 75. Plaintiff's complaint includes 15 causes of actions: (1) breach of contract; (2) open account; (3) account stated; (4) breach of contracts; (5) open account; (6) account stated; (...

Excerpt: ...ces (“Liu”) (collectively “Defendants”) from proceeding with a trustee's sale of 2249 Duane Street, Los Angeles, California (the “Duane Property”) pending the full disposition of the instant action. Defendants oppose. Judicial Notice In their supplemental opposition papers, Defendants request judicial notice of Exhibit 1, which is a statement of decision from an action entitled City and County of San Francisco, et al. v. Anne Kihagi, ...

Excerpt: ...ated Petitioner from his position as police officer for the Los Angeles Police Department (“LAPD” or “Department”). Judicial Notice Respondents' RJN Exhibit 1 – Granted. (Evid. Code § 452(b), (d), (h).) Petitioner's Reply RJN Exhibit A – Granted. (Evid. Code § 452(b), (d), (h).) Reply Declaration of Bill Seki; Petitioner's Request to Augment the Administrative Record In reply, Petitioner submits a declaration of attorney Bill Seki, ...

Excerpt: ...s John Doe 1 and John Doe 2 (“Petitioners”) for failure to state a cause of action. Procedural History On December 28, 2020, Petitioners filed a petition for writ of mandate pursuant to CCP section 1094.5, or in the alternative, CCP section 1085, “directed to Respondents to redress their improper administrative decisions to suspend of JOHN DOE 2, based on alleged ‘robbery or extortion' purportedly committed when JOHN DOE 2 was in second g...

Excerpt: ...cal systems at commercial property located at 7765- 7775 Kester Ave., Van Nuys, CA (“Property”) or to turn off power at the Property through the Department of Water and Power (“DWP”). Procedural History On June 30, 2021, Plaintiff filed a complaint against Defendant for breach of lease, declaratory relief, injunctive relief, and intentional waste. On July 6, 2021, Plaintiff filed proof of personal service of the summons and complaint on D...

Excerpt: ...C2045 DD13/Allison, VIN YE2CC1AB1C204798 (the “Vehicle”). Statement of the Case According to the declaration of M. Cary Calkin, Chief Operating Officer of Plaintiff, Defendant Fernando Tours Inc. entered into a promissory note and security agreement (“Agreement”) with Plaintiff's predecessor in interest, Advantage Funding Capital Corporation (“Assignor” or “Advantage Funding”) regarding purchase of the Vehicle on or about May 5, 2...

Excerpt: ...resulting from injuries Petitioner allegedly suffered while under Respondent's care on February 1, 2019. Background and Procedural History Petitioner was born December 24, 2007, and has been a minor at all relevant times. (Cutting Decl. ¶¶ 5, 8 and Exh. 1.) Petitioner alleges that he was injured on February 1, 2019, while a student at Doty Middle School, which is part of the Downey Unified School District. According to Petitioner's government c...

Excerpt: ...request for records dated November 27, 2020, under the California Public Records Act (“CPRA”). Petitioner seeks a writ directing Respondent to permit Petitioner to inspect the requested records at no charge during Respondent's regular office hours. Petitioner seeks a judicial declaration that Respondent violated Petitioner's rights under the CPRA by failing to permit Petitioner to inspect the records in person during a temporary suspension of...

Excerpt: ... two items of costs in the cost memorandum. Background and Procedural History On December 17, 2018, Petitioner, in pro per, filed a petition for writ of administrative mandate and an amended petition for writ of administrative mandate. In the petition, Petitioner alleged that CUIAB did not consider his explanation for filing a late administrative appeal and improperly dismissed his case without considering the merits. On August 4, 2020, the court...

Excerpt: ...hchi (“Gholam” and with Fariba collectively referred to as the “Atighehchis”) in the amounts of $430,874.61 (Sunshine), $432,609.82 (Moe), and $495,436.38 (Atighehchis). Judicial Notice Plaintiff's RJN Exhibits 13-15, 19, 21-24 – Granted. Plaintiff's Evidentiary Objections (1) Overruled. (2) Overruled. (3) Overruled. (4) Overruled. (5) Sustained. (6) Sustained. Procedural History On August 4, 2020, Plaintiff filed a complaint against De...

Excerpt: ...l, with the revocation stayed pending a three-year probationary period. Petitioner also seeks a writ directing Respondent Los Angeles Unified School District (“LAUSD” or “District”) to “remove from her personnel file or any other file used for personnel purposes documentation relating to the incident adjudicated in this petition and refrain from using the incident adjudicated in this petition in any way adverse to Petitioner.” (Second...

Excerpt: ...riving a motor vehicle while under the influence of alcohol. Factual and Procedural Background Traffic Stop and Arrest On October 15, 2018, at about 12:38 am, Deputy D. Waishwile of the Los Angeles County Sheriff's Department, West Hollywood Station, was on patrol on eastbound Sunset Boulevard near Kings Road in West Hollywood. (AR 15.) Petitioner was driving a grey 2014 Rolls Royce “Wraith” coup directly in front of Waishwile in the #2 lane....

Excerpt: ...endant Ryan Jennemann (“Jennemann”) in the amount of $858,368.54. Jennemann's Evidentiary Objections Declaration of Brian Rosenblum (1) Overruled. (2) Overruled. (3) Overruled. (4) Overruled. (5) Overruled. (6) Sustained as to “or anyone else representing Plaintiff,” Overruled as to remainder. (7) Overruled. (8) Overruled. (9) Overruled. (10) Overruled. (11) Sustained. (12) Overruled. (13) Overruled. (14) Overruled. (15) Overruled. (16) O...

Excerpt: ...nis, Replevin Specialist for Plaintiff, Plaintiff is assignee of a contract pursuant to which Defendant purchased the Vehicle. Cinis declares that Defendant has defaulted under the Agreement and presently owes $45,120.28. Plaintiff seeks possession of the Vehicle after making an unsuccessful demand to Defendant to surrender the Vehicle. (Cinis Decl. ¶¶ 5-8.) Procedural History Plaintiff filed its unverified complaint on January 22, 2021. Plaint...

Excerpt: ...History On September 21, 2020, Plaintiff filed its unverified complaint against Defendant for possession of personal property, breach of contract, open book account, and account stated. On December 11, 2020, Plaintiff filed proof of service by substitute service, on November 15, 2020, of the summons and complaint on Defendant. On December 30, 2020, the court entered Defendant's default. On March 1, 2021, Plaintiff filed and served its application...

Excerpt: ...ction 6259(d). Judicial Notice Respondent's RJN Exhibits A-E – Granted. Respondent's Evidentiary Objections Entire Supplemental Declaration of Matthew J. Jones – Overruled. Overbroad objection to entire declaration. Much of the supplemental declaration is proper rebuttal to argument and evidence presented in Respondent's opposition. (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537- 1538.) Specific Objections: (1) Paragraph 22 – Sustai...

Excerpt: ...tiff filed a complaint against Defendant for breach of contract and common counts. On April 6, 2021, Plaintiff filed proof of service of the summons and complaint. On June 23, 2021, the court entered Defendant's default. On June 25, 2021, Plaintiff filed and served the instant application for writ of attachment. No opposition to the application for writ of attachment has been filed. Summary of Applicable Law “Upon the filing of the complaint or...

Excerpt: ...�APC”) to grant, in part, an appeal of Real Party in Interest Robert Lyon (“Lyon”) and impose a condition of tree replacement on Petitioner's development of real property located at 720 North Crane Boulevard, Los Angeles, CA (“Property”). Petitioner has not filed an opening brief in support of the petition or lodged the administrative record. The court denies the petition for the reasons stated below. Background and Procedural History P...

Excerpt: ...39. Background and Procedural History On July 30, 2019, Petitioner filed a verified petition for writ of mandate pursuant to CCP section 1085 and a complaint for declaratory and injunctive relief pursuant to Corporations Code sections 1600, 1601, and 1501. On February 13, 2020, Respondent filed a verified answer. On December 24, 2020, Petitioner filed its opening brief in support of the writ petition. The court received Respondent's opposition an...

Excerpt: ...ember 12, 2019, to November 28, 2019. Background and Procedural History According to Petitioner's government claim, Petitioner was involved in two incidents on September 2, 2019, which resulted in his arrest and subsequent incarceration. One of the incidents resulted in fractures to his right ankle. Dr. Ranbir Singh, a surgeon at Henry Mayo Newhall Hospital, ordered a full body MRI, which showed that Plaintiff was suffering diverticulitis with in...

Excerpt: ...ural History On July 23, 2020, Plaintiff Old Road Realty, LLC (“Plaintiff”) filed a complaint against Skyhigh and other defendants for breach of lease and guaranties. The complaint alleges, inter alia, that Skyhigh breached a lease for premises located at 28656 & 28662 The Old Road, Building J, Valencia, California (“Lease”). (Compl. ¶ 8, Exh. A.) On September 28, 2020, Skyhigh and several individuals filed a cross-complaint against Cros...

Excerpt: ...rms to its Office of Conduct, Accountability, and Professionalism (“OCAP”). Petitioner also petitions for a writ of administrative mandate pursuant to CCP section 1094.5 directing Respondent to set aside a September 6, 2019, decision of its Committee of Professional Responsibility that imposed the following sanctions on Petitioner: (1) a one-semester suspension without pay from the university; (2) a requirement to obtain counseling and anger ...

Excerpt: ...tice Respondent's RJN Exhibits A-D – Granted. Background and Procedural History Downing is a columnist who works for Beachcomber, a newspaper publishing business entity. (Petition ¶ 2.) On or about June 11, 2019, pursuant to the CPRA, Petitioners requested that the City provide the following: all records relating to sustained findings made by LBPD and/or City of Long Beach officials for dishonesty (i.e. Overtime Fraud) by Thomas Elliot Behrens...

Excerpt: ...al leave; from attempting to give performance reviews while Petitioner is on medical leave; and from issuing any counseling memoranda threatening to remove the property interest in the employment of Petitioner, among other relief. Petitioner has not filed an opening brief in support of the petition or any evidence. The court will deny the petition for the reasons stated below. Respondent's Evidentiary Objections Respondent objects to documents at...

Excerpt: ...o specially demurs to the petition for uncertainty. Judicial Notice Respondent's RJN Exhibit A – Granted. Procedural History On February 18, 2021, Petitioner filed a “petition for writ” with the appellate division of Los Angeles Superior Court. The petition was filed on form APP-151, Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case.) On March 8, 2021, Department 1 reassigned the matter to Department 82, a writs and receiver...

Excerpt: ...547.45, and against Defendants Kamrouz Farhadi (“Farhadi”) and Starline Tours of Hollywood, Inc. (“Starline”) (collectively “Defendants”) in the amount of $727,307.45. Plaintiff also moves for a writ of possession against Streamline with respect to four motorcoach vehicles, as described in Exhibit A to the application (the “Vehicles”). Procedural History On December 10, 2020, Plaintiff filed a complaint against Defendants for brea...

Excerpt: ...ed costs of $2,000 and estimated attorney's fees of $2,500. Procedural History On April 7, 2021, Plaintiff filed a complaint against Defendants for breach of contract, breach of guaranty, various common counts, and conversion. On April 15, 2021, Plaintiff filed the instant applications for writ of attachment. On May 19, 2021, Plaintiff filed proofs of service indicating that Defendants were each served with the summons, complaint, applications fo...

Excerpt: ...ural History On April 12, 2021, Plaintiff filed a complaint against Defendants for breach of contract and common counts. On April 19, 2021, Plaintiff filed the instant applications for writ of attachment. On May 20, 2021, Plaintiff filed proofs of service indicating that both Defendants were personally served with the summons, complaint, notice of hearing, and application for writ of attachment on May 19, 2021. No opposition has been received. Su...

Excerpt: ... AGP Towing, Inc., and Keyanoosh Ghamari (“Petitioners”). Respondent contends that Petitioners have not executed a bond required by Labor Code section 3725. No opposition has been received, and no bond has been filed by Petitioners. Background and Procedural History On December 3, 2018, the Labor Commissioner cited Petitioners under Citation Number SO 476660 due to Petitioners' alleged failure to cover employees with workers' compensation ins...

Excerpt: ...anted. (See Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 376.) Background According to the petition and complaint, Petitioner is a person with disabilities and a Medi-Cal enrollee. (First Amended Petition and Complaint (“FAP” ¶¶ 7, 20.) Petitioner is about 57 years old. (Id. ¶ 22.) In addition to Respondent City and County of San Francisco, the respondents in this action include several other California-based hospitals and health p...

Excerpt: ...r driving a motor vehicle while under the influence of alcohol. Factual and Procedural Background August 4, 2019, Detention and Arrest On August 4, 2019, California Highway Patrol Officers B. Hernandez and J. Vargas were on patrol eastbound on State Route 134. Officer Hernandez was the driver, and Officer Vargas sat in the passenger's seat. According to a report prepared by Officer Vargas, at approximately 1:18 a.m., Officer Hernandez observed Pe...

Excerpt: ...al test and revoking Petitioner's driving privilege. Factual Background On September 19, 2019, at approximately 2:46 am, Los Angeles Police Department (“LAPD”) Officer Miguel Maya and his partner, Officer Singh, were conducting patrol in the area of Anaheim St. and Neptune Ave. Officer Maya observed a black BMV convertible with a broken right headlight traveling westbound on Anaheim St. at a high rate of speed of 50 to 55 miles per hour. (AR ...

Excerpt: ... unpaid fees and costs from receivership estate; (3) directing disbursement of remaining receivership estate funds; (4) exonerating all bonds; (5) terminating receivership and discharging Receiver from any further duties or responsibilities; (6) ordering Plaintiff Scott Lambert and Defendants P&S Ventures, LLC, Patrick McMahon, Dina Browner, and Jason Beck jointly and severally to defend and indemnify Receiver against any claims, demands, etc. wh...

Excerpt: ...ry On January 10, 2018, Plaintiff filed a complaint against Defendant for conversion, breach of contract, money had and received, and fraud. On February 14, 2018, the court granted Plaintiff's ex parte application for writ of attachment against Defendant in the amount of $125,057.58. On March 9, 2018, Defendant filed a general denial. On March 13, 2018, the court granted Plaintiff's ex parte application for writ of attachment against Defendant, a...

Excerpt: ...rom “DISALLOWING the customers of plaintiff, EDUGO from utilizing the onsite parking facilities at 810 E. Pico Blvd., Los Angeles, CA 90021 during the normal course of the operation of the testing center, with the parking validation provided by plaintiff, EDUGO.” (OSC at 2.) Defendants' Evidentiary Objections filed 5/3/21 and 5/18/21 Declaration of Connie Kim (1) Overruled (2) Overruled (3) Overruled. (4) Overruled. (5) Overruled. (6) Overrul...

Excerpt: ... Angeles (“County”). ALADS contends that County's returns to the writ show that County is improperly calculating the payments owed pursuant to the writ, including by imposing a three-year statute of limitations and an arbitrary cap on the number of persons entitled to payment at any time. ALADS's Evidentiary Objections Ewell Declaration (1) Overruled (2) Overruled. (3) Overruled. (4) Overruled. (5) Overruled. (6) Overruled. (7) Overruled. (8)...

Excerpt: ...g Respondent California Department of Industrial Relations, Division of Labor Standards Enforcement (“Respondent” or “DLSE”) to set aside the Decision re: Debarment of Minco and Mina from Publics Works Projects, issued on May 16, 2019, by the Assistant Chief for the Department of Industrial Relations, Division of Labor Standards Enforcement, in DIR Case No.: LB6333 (“Decision”). Background Statutory Framework The Labor Commissioner is...

Excerpt: ...rom unemployment benefits because she left her most recent employment with Respondent J. Paul Getty Trust (“Getty”) voluntarily without good cause, and that Petitioner was not eligible for unemployment benefits for the week ending October 26, 2019. Background Petitioner's Written Statement and Testimony At the January 23, 2020 CUIAB hearing, Petitioner authenticated her appeal statement and provided the following testimony under oath. (AR 22-...

Excerpt: ...al, LLC; Manhattan Real Estate Fund GP, LLC; Yna Kim; 8th Bridge Capital, Inc.; 8BC Loan Fund, LLC; Maru Assets, LLC; Does 1-50 (collectively “Defendants”); and their employees, agents, affiliates, partners, assigns, attorneys, and all persons acting on behalf or in concert with any of the same (collectively, “Agents”) under the Uniform Voidable Transactions Act (“UVTA”). The OSC re: preliminary injunction was originally set by ex par...

Excerpt: ...cifically Pole 567318E and its cross-arms, at 38 Portuguese Bend Road, Rolling Hills, California 90274 (the “Property”). Judicial Notice Plaintiff's request for judicial notice (“RJN”) of Exhibit 1 and that the Property is within an area that the California Department of Forestry and Fire Protection currently designates as a "Very High Fire Hazard Severity Zone” -- Granted. (Evid. Code §§ 452(c), (h).) Plaintiff's supplemental RJN of ...

Excerpt: ...Respondent City of Los Angeles (“Respondent” or “City”) not to disclose five contractual agreements requested by Real Parties in Interest Vox Media, LLC and Sean O'Kane (“Real Parties” or “Vox”) pursuant to the California Public Records Act (“CPRA”). In a cross-petition, Real Parties petition for a writ of ordinary mandate directing City to produce all records responsive to Real Parties' CPRA request dated April 8, 2019, inclu...

Excerpt: ...deo links included in paragraphs 2-4 of the Moot declaration – Granted. (Evid. Code § 452(d), (h).) No objection has been received. Defendant's Reply RJN of Exhibits 12 and 13 to Reply Notice of Lodging – Granted. Factual Background Blackburn has been a member of the Monrovia City Council (“City Council”) since 2013. (Notice of Lodgment (“NOL”) Exh. 2.) Defendant is a non-profit corporation that operates a public, educational, and go...

Excerpt: ...n administrative proceeding that resulted in Petitioner's termination from employment with Respondent Employment Development Department (“Respondent” or “EDD”). Judicial Notice Respondent's RJN Exhibits 1-2 – Granted. Background and Procedural History Petitioner began his employment with EDD on or about June 10, 2009. On or about February 8, 2018, Petitioner was dismissed from his job at EDD based on various allegations of misconduct. (...

Excerpt: ...se According to the declaration of Patricia Lawter, Loss Mitigation Manger for the Plaintiff, Defendants entered into an Agreement with Plaintiff's predecessor in interest (“Dealer”) regarding purchase of the Vehicle on or about February 22, 2018. The Dealer assigned the Agreement to Plaintiff. Defendants defaulted on the Agreement starting August 2019 by failing to remit the regular monthly loan payment. Plaintiff seeks possession of the Veh...

Excerpt: ...ioner's application for a service-connected disability retirement. Petitioner contends that the weight of the evidence does not support the Board's finding that his permanent disabling conditions, which resulted from a stroke, were not connected to his County service. Specifically, Petitioner contends that stress from his work as a police officer materially contributed to his hypertension, which resulted in the stroke. Background Employment Histo...

Excerpt: ...ege for one year. Respondents' Motion to Augment the Administrative Record; and Petitioner's Objections Although no motion has been filed, Respondents apparently seek to augment the administrative record with exhibits 2 and 3 of the declaration of Dominic Quiller. They may also seek to augment the record with exhibit 1 to Quiller's declaration. (See Oppo. 10-11, citing CCP § 1094.5(e).) Petitioner objects. “As a general rule, a hearing on a wr...

Excerpt: ...es the motion. No opposition has been received from City of Carson. Background and Procedural History On August 17, 2020, Petitioner, an attorney representing himself, filed the original petition for writ of mandate. On September 2, 2020, Petitioner filed the operative first amended petition for writ of mandate (“FAP”) pursuant to CCP section 1085 against Respondents City of Carson (“City”), Mayor Albert Robles, Mayor Pre- Tempore James D...

Excerpt: ... decision revoking Dr. Tyson's veterinary medical license and Crown City's premises permit. Statement of the Case On January 8, 2018, the Board filed an accusation against Dr. Tyson and Crown City alleging four causes for discipline. (AR 533-540.) Dr. Tyson and Crown City filed a Notice of Defense dated January 16, 2018. An administrative hearing was conducted over the course of nine days from November 26 through 29, 2018 and from May 20 through ...

Excerpt: ...2 – Granted. Background This action involves two Public Records Act requests made by Petitioner to Respondent. Procedural History On April 23, 2020, Petitioner filed a verified petition for writ of mandate pursuant to the California Public Records Act. On October 15, 2020, at a trial setting conference, the court set the hearing for the writ petition for August 3, 2021, and set a briefing schedule. The hearing on the petition was later continue...

Excerpt: ...as Insurance Commissioner (“Respondent” or “Commissioner”), to set aside his decision revoking Petitioners' insurance licenses. Petitioners' Request for Judicial Notice and Motion to Augment the Administrative Record Petitioners request judicial notice of: (1) a minute order dated July 23, 2020, terminating Petitioner Loris Moradian's probation; and (2) an order entered November 9, 2020, dismissing and expunging Moradian's misdemeanor con...

Excerpt: ...iff, Plaintiff is assignee of a contract pursuant to which Defendant entered into a contract to purchase the Vehicle. Taylor declares that Defendant has defaulted under the Agreement and presently owes $20, 209.51. Plaintiff seeks possession of the Vehicle after making an unsuccessful demand to Defendant to surrender the Vehicle. (Taylor Decl. ¶¶ 5-6.) Procedural History Plaintiff filed its verified complaint on February 18, 2020. Plaintiff fil...

Excerpt: ...ds; a declaration that Respondent's conduct, policies, and pattern and practice of denying access to public records violates the CPRA; a permanent injunction enjoining Respondent, its agents, employees, officers, and representatives from continuing its existing pattern and practice of violating the statutory requirements of the CPRA; and for Petitioner to be awarded reasonable attorney's fees and costs incurred in bringing this action, as provide...