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...