Excerpt: ...oduced the administrative record on January 11, 2021. Respondent University of Southern California (“Respondent” or “USC”) has filed a response, in which Respondent does not oppose the proposed sealing but “disagrees with Petitioner's characterization of the facts leading up to his alleged discovery of the ‘newly disclosed allegations” as well as his characterization of the allegations themselves.'” Background Allegations of the O...

Excerpt: ...re to state a cause of action. Judicial Notice Defendant's Request for Judicial Notice, Exhibit A – Granted. Defendant has not requested judicial notice of any of the documents attached to the declaration of attorney John Moot, including the subpoena issued by attorney Blackburn and the purported October 16, 2015, letter of Plaintiff (see Exhibits C and D). The court does not judicially notice these documents. Background The following factual a...

Excerpt: ...tion for a physician's and surgeon's certificate. Petitioner's Motion to Augment the Administrative Record Petitioner submits declarations with her opening brief and reply. The court interprets Petitioner as moving to augment the administrative record. “As a general rule, a hearing on a writ of administrative mandamus is conducted solely on the record of the proceeding before the administrative agency.” (Richardson v. City and County of San F...

Excerpt: ...lection, Inc. (“Moon” or “Defendant”) located at 1900 E 25th Street, Vernon, CA 90058 and 735 E 12th Street, Suite 113, Los Angeles, CA 90021. Procedural History On August 3, 2020, Plaintiff filed a verified complaint against Defendant Moon Collection, Inc. (“Moon”), and Defendants Christine Myung Moon and Chris Hyun Moon, Individually and as Trustees of the Moon Family Trust dated December 13, 2018 (“Individual Defendants”) (coll...

Excerpt: ...the supplemental declaration of Elliot Winter on the grounds that it is improper reply evidence. It is well recognized that the submission of “additional evidentiary matter with the reply should only be allowed in the exceptional case ...'' and if permitted, the other party should be given the opportunity to respond. However, the court has discretion to admit reply evidence. (Plenger v. Alza Corp. (1992) 11 Cal.App.4th 349, 362, fn. 8; see also...

Excerpt: ...ibits A-J to Petitioner's motion, which include various notices, an appeal letter, Petitioner's doctor's notes, and other documents. In this motion, Petitioner also moves for an order directing Respondent California Unemployment Insurance Appeals Board (“CUIAB” or “Board”) to include in the administrative record (1) “transcriptions as well as the entire audio recording of the hearings held on November 26, 2019 and January 23, 2020”; a...

Excerpt: ...junctive relief of Petitioner Left Out (“Petitioner”) on the grounds that Petitioner lacks standing to sue. Background The following factual allegations from the first amended petition are taken as true for purposes of demurrer. Petitioner, “a California nonprofit unincorporated association, includes at least one family with a child who is a student in the Los Angeles Unified School District and at least one California citizen and current t...

Excerpt: ...y pending trial in this action. Judicial Notice Humane Society's Request for Judicial Notice (“RJN”) of Pasadena Municipal Code Sections – Granted. Humane Society's RJN, Exhibits 1-2 – Granted. Background On October 14, 2020, Plaintiff's four dogs were involved in an attack on two individuals and another dog. (Duvernet Decl. Exh. 1; Pollard Decl. Exh. A-C.) Plaintiff admits that one of her dogs bit someone on that date. (Jessica Lam Decl....

Excerpt: ...ly “Plaintiffs”), seek a preliminary injunction against David Fisher individually and dba Powerhouse Gym (collectively “Powerhouse”) for the following orders that: 1) enjoin Powerhouse from opening, conducting, or participating in any indoor operations at their physical gym locations or any other place in violation of state and local health orders including the Reopening Safer at Work and in the Community for Control of Covid-19 Order (th...

Excerpt: ...f Los Angeles Department of Water and Power (“Respondent” or “LADWP”) opposes the motion. Background First Amended Complaint and Petition In the operative first amended complaint, Petitioners allege the following. Petitioners are residents of the City of Los Angeles. (FAC ¶ 7.) City, through Respondent LADWP, provides water services to Petitioners. (Id. ¶ 9.) Petitioners submit an exemplar LADWP account bill as Exhibit A. “The Bill il...

Excerpt: ...ive to a Public Records Act request made by Petitioner on November 19, 2019. Judicial Notice Petitioner's Request for Judicial Notice, Exhibits 37-38, 56, 59, 60-63 – Granted. (Evid. Code § 452(c), (d), (h).) Petitioner's Evidentiary Objections Declaration of Parveen Kasraee (1) Entire Declaration – Overruled. See ruling below on Petitioner's motion in limine, motion for protective order, and motion for evidentiary and terminating sanctions....

Excerpt: ...t aside City's approval of an environmental impact report (“EIR”) and other land use entitlements for a mixed-use high-rise development (“Project”) in Hollywood, CA. Respondents and Real Party in Interest 6014 Hollywood, LLC (“Real Party”) oppose the petition. Judicial Notice Respondents' RJN Exhibits A-C – Granted. Factual and Procedural Background The Project The Project replaces a paved surface parking lot in Hollywood's commerci...

Excerpt: ...ndent's RJN Exhibit A – Denied. Respondent has not provided the court with sufficient information to enable the court to take judicial notice of the “2017-2020 Collective Bargaining Agreement between the Los Angeles Unified School District and United Teachers Los Angeles.” (Evid. Code § 453(b).) See further analysis below. Respondent's Evidentiary Objections Respondent's objection to the documents attached as exhibits to Petitioner's oppos...

Excerpt: ...(“DSS”) (collectively “Respondents”) to set aside an administrative decision of the Director which found that the County of Los Angeles (“County”) correctly billed and recovered $16,351 from the Social Security Administration to repay the amount Petitioner received in cash benefits from general relief and housing assistance from the General Relief Housing Subsidy and Case Management Project (as Interim Assistance) for May 1, 2014 to O...

Excerpt: ...ement and disciplinary order executed by Petitioner. Background Petitioner is a physician licensed by the Board. (Pet. ¶ 2; Ans. ¶ 2.) On May 14, 2019, an Accusation was filed charging Petitioner with: 1) gross negligence (Bus. & Prof. Code, § 2334(b)); 2) repeated negligent acts (Bus. & Prof. Code, § 2334(c)); 3) prescribing drugs without medical indication (Bus. & Prof. Code, § 2242); 4) excessive prescribing (Bus. & Prof. Code, § 725); 5...

Excerpt: ... moves for an order appointing a receiver under Code of Civil Procedure sections 564(b)(1), (6), and (9) to take possession of, manage, and operate the business and assets of Moon located at 1900 E 25th Street, Vernon, CA 90058 and 735 E 12th Street, Suite 113, Los Angeles, CA 90021. Procedural History On August 3, 2020, Plaintiff filed a verified complaint against Defendants Moon Collection, Inc., and Christine Myung Moon and Chris Hyun Moon, In...

Excerpt: ...nty Sheriff's Department (“Department”) and Sheriff Alex Villanueva (collectively “Real Party”) to set aside and vacate the Commission's decision terminating his employment as Deputy Sheriff effective October 12, 2016 based on a finding that he failed to take appropriate police actions in controlling a physically dangerous situation between two individuals. Real Party opposes the petition. Judicial Notice Petitioner's Exhibit A (Los Angel...

Excerpt: ...P sections 1032 and 1033.5. Procedural History On December 13, 2019, Petitioner filed a verified petition for writ of mandate and complaint for declaratory relief pursuant to the California Public Records Act (“CPRA”) against Respondent. According to the petition, Petitioner emailed a public records request to CSUN on October 14, 2019, and CSUN denied the request on October 25, 2019. (Pet. ¶¶ 16-17.) In the petition, Petitioner requested a ...

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

Excerpt: ...“Department”). Judicial Notice Respondent's RJN Exhibits 1-2 – Granted. Petitioner's objection is overruled. Petitioner's Discharge for Cause Petitioner was a Chemist with the Water Quality Division at LADWP. (AR 523.) Petitioner's role required him to perform water quality sample analysis to ensure that the City of Los Angeles's drinking water met or exceeded drinking water standards. (AR 523-525.) On April 26, 2016, LADWP was conducting a...

Excerpt: ...7, decision of its City Council to deny a development review permit for Petitioner Bakor to construct a two-story hotel at 14116-14128 Whittier Boulevard, Whittier, CA (the “Property”). Requests for Judicial Notice Petitioner's RJN Exhibits 1-2, 5 – Granted. (Evid. Code § 452(b), (h).) No objection has been received. Petitioner's RJN Exhibits 3-4 – Granted. Respondent's objections are overruled. The Whitter Municipal Code and Whittier Or...

Excerpt: ...(“Commission”) to set aside a decision discharging Petitioner from his position as deputy sheriff with the Los Angeles County Sheriff's Department (“Department”). Real Parties in Interest County of Los Angeles, Los Angeles County Sheriff's Department, and Alex Villanueva, Sheriff (collectively “County”) oppose the petition. Background February 4, 2016 Incident On February 4, 2016, Petitioner attended at an off-road racing event known ...

Excerpt: ...nvestigation of findings made by Long Beach Police Department (“LBPD”) and/or City of Long Beach officials for dishonesty (i.e. Overtime Fraud) by Jail Administrator (Correctional Officer) Thomas Elliot Behrens, Sergeant Louis M. Perez, Sergeant Adam P. Sturgeon and Sergeant Kenneth M. Green. Background Downing is a columnist who works for Beachcomber, a newspaper publishing business entity. (Petition ¶ 2.) A portion of the verified petition...

Excerpt: ... Records Act (“CPRA”). The First Amended Complaint also asks for a declaration that Respondent violated Petitioner's rights under the CPRA. Background On August 7, 2019, Petitioner submitted a CPRA request to the Torrance Police Department seeking the names of the victims of an assault with a deadly weapon. (Sanders Decl. Exh. A.) On August 13, 2019, Petitioner received a declaration of Christy Witherspoon, Police Administrative Services Mana...

Excerpt: ...orporal with the Alhambra Police Department (“Department” or “APD”). Procedural History On January 15, 2019, Petitioner filed her petition for writ of administrative mandate. On August 16, 2019, Respondents City of Alhambra, City of Alhambra Police Department, and City of Alhambra Civil Service Commission filed an answer. On July 29, 2020, Petitioner filed her opening brief in support of the petition. On July 31, 2020, Petitioner filed an...

Excerpt: ...ct (“CPRA”) regarding an investigation of findings made by Long Beach Police Department (“LBPD”) and/or City of Long Beach officials for dishonesty (i.e. Overtime Fraud) by Jail Administrator (Correctional Officer) Thomas Elliot Behrens, Sergeant Louis M. Perez, Sergeant Adam P. Sturgeon and Sergeant Kenneth M. Green. Background Downing is a columnist who works for Beachcomber, a newspaper publishing business entity. (Petition ¶ 2.) A po...

Excerpt: ... Industrial Relations for the State of California Department of Industrial Relations, and Director of the State of California Department of Industrial Relations (collectively “Respondents”) to set aside DIR's decision (as signed by Chief Deputy Director Hassid) affirming the civil wage and penalty assessment issued by Real Party in Interest Division of Labor Standards Enforcement (“Real Party” or “DLSE”) assessing $2,300 in penalties ...

Excerpt: ... from: (1) using or disclosing Plaintiff's customer list and contact information, pricing information, employee compensation information, and Service Agreement form; (2) soliciting Plaintiff's clients; and (3) soliciting Plaintiff's employees. On October 6, 2020, after a hearing, the court granted the same preliminary injunction as to Defendants Community Enforcement Patrol, Inc., Community Enforcement Patrol Private Security, Inc., Community Enf...

Excerpt: ...e granted pursuant to a stipulation of Lambert and Defendants and Cross- Complainants P&S Ventures, LLC (“P&S”), Patrick McMahon, Dina Browner, and Jason Beck (collectively “Defendants”). Lambert, McMahon, Browner, and Beck are co- owners of P&S. Beck opposes termination of the receivership. Procedural History On October 10, 2019, Plaintiff Scott Lambert filed an unverified complaint for declaratory relief against Defendants Patrick Goldb...

Excerpt: ...“Appearance Required” matters. The Department 53 Zoom ID is: 841 204 6267. Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure. To request oral argument, you must call the Department 53 clerk at (916) 874‐ 7858 and opposing party by 4:00 p.m. the court day before the hearing. At the time of requesting oral argument, the requesting party shall leave a ...

Excerpt: ...ueva, Los Angeles County Counsel Mary Wickham, and Los Angeles County Director of Personnel Lisa M. Garrett (collectively “Respondents”) demur to the second amended petition for writ of mandate and complaint (“SAP”) of Petitioners Mark Lopez, Joseph Narciso, and Professional Peace Officers Association (“PPOA”) (collectively “Petitioners”) for failure to state a cause of action. Judicial Notice Respondents' RJN Exhibits 1-2 – Gra...

Excerpt: ...nd representatives, from: (1) using or disclosing Plaintiff's customer list and contact information, pricing information, employee compensation information, and Service Agreement form; (2) soliciting Plaintiff's clients; and (3) soliciting Plaintiff's employees. On October 6, 2020, after a hearing, the court granted the same preliminary injunction as to Defendants Community Enforcement Patrol, Inc., Community Enforcement Patrol Private Security, ...

Excerpt: ...Plaintiff filed a complaint against Defendants for breach of contract, declaratory relief, and injunctive relief. On May 29, 2020, Plaintiff filed its applications for writ of attachment. On June 25, 2020, Plaintiff filed a motion for stay of action pending arbitration, which is set for hearing on October 9, 2020. On July 6, 2020, Defendants filed an answer. On September 24, 2020, Defendants filed claims of exemption and an opposition to the appl...

Excerpt: ...or an order tolling the three-year “commencement of development” period for the Coastal Development Permit (“CDP”) issued by the California Coastal Commission (“Commission”). Real Party in Interest Los Cerritos Wetlands Authority joins the motion. Petitioners Puvunga Wetlands Protectors and Anna Christensen (“Petitioners”) oppose the motion. Judicial Notice Petitioners' RJN Exhibit 1 – Granted. Background According to Real Parti...

Excerpt: ...ative decision denying Petitioner's application for a hardship waiver from Medi-Cal claims pursuant to Title 22, California Code of Regulations, section 50963(a)(4). Request for Judicial Notice Petitioner's Reply RJN Exhibit A – Denied. The request for judicial notice was improperly made for the first time in reply. Since the interpretation of section 50963(a) is at issue in this action, Petitioner does not show good cause to submit Exhibit A f...

Excerpt: ... Petitioner from the university for violating an “Interim Exclusion” pending an investigation of alleged sexual misconduct. Judicial Notice Respondent's RJN Exhibits A-B – Granted. (Evid. Code § 452(d).) Petitioner's objections to Exhibits A and B are overruled. Petitioner cited these writ petitions, with case number, in his opening brief. (OB 4:2-9.) Petitioner's verified petitions are relevant to the procedural history of the Interim Exc...

Excerpt: ...an – entire declaration disregarded as not verified under penalty of perjury pursuant to CCP section 2015.5. Should that defect be cured, the court rules on the individual objections as follows. (1) Sustained. (2) Sustained. (3) Sustained. (4) Sustained. (5) Sustained. (6) Sustained. Declaration of Lloyd Sugarman (1) Overruled. (2) Overruled. (3) Overruled. (4) Overruled. (5) Sustained. (6) Overruled. (7) Overruled. (8) Sustained. (9) Sustained...

Excerpt: ...Plaintiff's Evidentiary Objections Declaration of Eben Mears (1) Overruled as to “Walston expended a great deal of his time and effort working on Media X.” Sustained as to remainder, including the statement “a company where he was the majority shareholder.” (2) Overruled as to first sentence “At the time, I was not aware of the amount of time he was personally spending on MediaX.” Sustained as to remainder. (3) Sustained. (4) Sustaine...

Excerpt: ...nder Amini from use of the common area pool unless in the presence of and under the supervision of an adult member of the Association; and (2) to prohibit Defendant's son, Alexander Amini, from entering on to the property of any other residents in the community. Procedural History On July 31, 2020, Plaintiff filed a complaint against Defendant for breach of CC&Rs and nuisance. On September 16, 2020, the court (Department 82) granted in part Plain...

Excerpt: ...tioner Left Out (“Petitioner”) for failure to state a cause of action and for uncertainty. Judicial Notice Respondent's RJN of History/Social Science Framework, Adopted by the State Board of Education July 2016, Published by CDE 2017 – Granted. In opposition, Petitioner cites to various extrinsic materials without requesting judicial notice of the same or providing a copy to the court. (See e.g. Oppo. 15, citing the Roman Catholic encyclica...

Excerpt: ...1-3 – Granted. Trustee's RJN Exhibit A – Granted. Procedural History On February 14, 2019, Plaintiff filed an unverified complaint against MMA, LLC and Max Azria for breach of lease (against MMA) and breach of guaranty (against Max Azria). On April 15, 2019, MMA and Max Azria filed an answer and cross-complaint (for fraudulent inducement). On July 25, 2019, Plaintiff filed an answer to the cross-complaint. On February 26, 2020, after Max Azri...

Excerpt: ...orates a request for judicial notice he filed January 6, 2020 in opposition to Respondent's prior demurrer. As it did for the prior demurrer, the court rules as follows on the request: Petitioner's RJN filed 1/6/20 Exhibits A and C – Grant in part. The court judicially notices the existence of the Supplemental Tax Bill and Claim for Reassessment as county records, but not the dates of mailing or filing. Petitioner provides insufficient informat...

Excerpt: ...decision of the Zoning Administrator (“ZA”) to grant Petitioner's applications for a conditional use permit (“CUP”) and coastal development permit (“CDP”) to develop a parking lot at property located at 13200 West Mindanao Way (the “Property”). Request for Judicial Notice Petitioner's RJN Exhibits A-F – Granted. Respondent's RJN Exhibit A – Granted. Background The Property Petitioner owns the property at 13200 West Mindanao Wa...

Excerpt: ...ty's decision terminating Petitioner's employment as a Commander with LAPD. Procedural History Based on her actions on or about April 27, 2018, LAPD alleged that Petitioner committed misconduct and moved to terminate her employment. Petitioner was afforded a Board of Rights hearing to challenge her termination. The Board of Rights hearing commenced on October 3, 2018, and Petitioner faced four counts: Count 1: On or about April 27, 2018, you, whi...

Excerpt: ...ge based on his refusal to complete a chemical test. Motion to Augment the Administrative Record On or about March 20, 2020, Petitioner lodged an administrative record, paginated “AR0001- 49.” Petitioner also lodged three additional documents: (1) August 21, 2018 Trombetta Hearing Transcript, paginated “TT01-15”; (2) Declaration of Daniel Webber re April 11, 2018 Transcript, paginated “WD1”; and (3) an Administrative Per Se Notice of ...

Excerpt: ...on 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”) opposes the petition. Procedural Background First Trial and Conviction In 2006, the People filed an amended information charging Petitioner with forcible rape and related crimes. (AR 127-132.) The alleged victim was T.G., with whom Petitioner had one child and who was ...

Excerpt: ...llowing. Petitioner is a permanent certificated teacher in LAUSD. (First Amended Petition (FAP) p. 1.) Petitioner began approved medical leave on approximately April 8, 2019. (Id. p. 2, Exh. 1, 2.) On August 23, 2019, Principal Gilberto Samuel (“Samuel”) contacted Petitioner via email in attempts to evaluate Petitioner while he was on medical leave. (Id. p. 2.) On August 29, 2019, Petitioner informed Samuel that he was on medical leave. (Id. ...

Excerpt: ...ice Respondent's RJN Exhibits A-D – Granted. Statement of the Case The following allegations are taken from the verified petition and attached exhibits. On July 30, 2019 at approximately 9:57 p.m., State Parks Officer John Hunt struck and killed Brad Infanger, Petitioner's son, while driving a patrol vehicle and while on duty in Crystal Cove / Newport Beach, CA. (Pet. ¶ 21; Exh. 36 at 178, 182.) The California Highway Patrol (“CHP”) prepar...

Excerpt: ...d. Code § 452(b), (c), (h).) No objection has been received. Respondent's RJN Exhibit 4 – Denied. These pages from LADWP's website would only be relevant if they reflected LADWP's website during the time period relevant to the petition (2012-2019). The copies were apparently printed in April 2020, months after the petition was filed. The court cannot judicially notice that the pages reflect LADWP's webpages at the time period relevant to the p...

Excerpt: ...eclaration of Martin Horwitz (1) Sustained. (2) Sustained. (3) Sustained. Procedural History On April 8, 2020, Plaintiff filed a complaint against Defendant for breach of contract, account stated, and open book account. On May 20, 2020, Plaintiff filed its application for writ of attachment and supporting papers. On June 4, 2020, Plaintiff filed proof of service showing substitute service of the summons, complaint, application for writ of attachm...

Excerpt: ..., Santa Fe Springs, Tract 349 Mutual Water Company, Montebello Land and Water Company, Maywood Mutual Water Company No. 3, Bellflower-Somerset Mutual Water Company, South Montebello Irrigation District, Pico Water District, City of Cerritos, La Habra Heights County Water District, Cities of Pico Rivera, Norwalk, South Gate, Walnut Park Mutual Water Company, Tract 180 Water Company, Orchard Dale Water District, and Cities of Commerce And Huntingto...

Excerpt: ...) for uncertainty and failure to state a cause of action. LAUSD also moves to strike certain allegations in the FAP. Statement of the Case The following allegations are taken from the verified FAP and attached exhibits, as well as from relevant admissions made in the original petition. Petitioner was employed as a substitute teacher in the City and County of Los Angeles. (FAP ¶ 1.) On or about June 12, 2014, LAUSD sent Petitioner a Notice of Sep...

Excerpt: ...nd Procedural Background The Academy The Academy is a nonprofit mutual benefit corporation. (Pet. ¶ 3; Ans. ¶ 4.) As stated in its January 2017 bylaws, “the mission of the Academy is to recognize and uphold excellence in the motion picture arts and sciences, inspire imagination, and connect the world through the medium of motion pictures.” (Administrative Record (AR) 19.) Corporate oversight and control of the Academy, including with respec...

Excerpt: ...rized representative for Plaintiff, Defendant entered into an Agreement regarding purchase of the Vehicle on or about July 18, 2016. Defendant failed to make payments required by the Agreement starting July 29, 2019. Defendant is in default under the Agreement, and Plaintiff seeks possession of the Vehicle after making demand for Defendant to surrender the Vehicle. (Vang Decl. ¶¶ 5-6, Exh. A-D.) Procedural History Plaintiff filed its complaint ...

Excerpt: ...arker, Chief of DOSH (collectively “Respondents”) “to inform [Petitioner] as to whether they have completed an investigation or inspection regarding the claims alleged in [Petitioner's] PAGA Notice, including whether any citations … were issued.” (Pet. 10.) During the pendency of this action, Respondents produced responsive information and investigative files that partially mooted the petition. In his writ briefs, Petitioner now request...

Excerpt: ...Petitioner's RJN Exhibits A-B – Granted. Background The petition alleges the following facts, which the court deems as true for purposes of demurrer. “This petition arises out of Respondents' failure to initiate Petitioner's zone change and GPA [General Plan Amendment] applications pursuant to” City Charter sections 555 and 558, and Los Angeles Municipal Code (“LAMC”) sections 11.5.6 and 12.32. (Pet. ¶ 1.) “Petitioner submitted its a...

Excerpt: ...he sufficiency of the “2020 Burbank Just Cause Eviction and Rent Regulation Measure” Initiative petition (hereafter “Initiative”); and (b) commanding Respondent Burbank City Council (“City Council”) either to adopt the “2020 Burbank Just Cause Eviction and Rent Regulation Measure,” without alteration, or to submit the Initiative to the voters of the City of Burbank at the November 3, 2020, general election. Respondents Mullins, Ci...

Excerpt: ... xDrive40i, VIN #5UXCW2C59KL080865 (“BMW” or “Vehicle”) that is the subject of the cross-complaint. Background On October 4, 2019, JC filed a complaint against Defendant Luxury Dreams Auto Group, Inc. aka Auto Broker Kings, Inc., a New York Corporation (“Luxury”), Babayev, and Defendant Milan Nus (“Nus”) (collectively “Defendants”), asserting causes of action for breach of contract (against Luxury) and fraud (against Luxury, B...

Excerpt: ...IAB”) to set aside its final decision that disqualified Petitioner from receiving unemployment insurance benefits under Unemployment Insurance Code section 1256. Petitioner was terminated from her position with Real Party in Interest Community Action Partnership of Kern, Inc. (“CAPK” or “Employer”) after failing to disclose a DUI conviction and after the Department of Social Services notified CAPK that Petitioner no longer had criminal ...

Excerpt: ...en a car driven by Valerie Davis Bell (“Bell”) rear ended Petitioner's vehicle. After the claims-filing deadline had passed, Petitioner obtained information that Bell was driving in the course and scope of her employment for Respondent at the time of the accident. Judicial Notice Respondent's RJN Exhibits A-B, D-G – Granted.[1] Respondent's RJN Exhibit C – Petitioner's Late Claim Application presented May 20, 2019 – Denied. Respondent a...

Excerpt: ...el Weintraub to produce documents requested in the notice of deposition. Respondents City of Los Angeles and City of Los Angeles Department of Building the Safety (“Respondents” or “City”) oppose the motion to compel deposition. Respondents also move to strike allegations in the FAP that the ZA engaged in improper ex parte communications between the administrative hearing and the issuance of the administrative decision. Judicial Notice Re...

Excerpt: ...k account, and unjust enrichment against Defendant. On February 14, 2020, Plaintiff filed its memorandum of points and authorities in support of the application for writ of attachment. On February 20, 2020, Plaintiff filed its application for writ of attachment. On March 30, 2020, Defendant filed an answer. On April 14, 2020, due to conditions and orders related to the spread of Covid- 19, the court continued the hearing on the application to Jul...

Excerpt: ...Health (“CDPH”), Sonia Angell, in her official capacity as the Director of CDPH, the California Health and Human Services Agency (“CHHS”), and Mark Ghaly, in his official capacity as Secretary of CHHS (collectively “Respondents”) demur to the first amended petition (“FAP”) of Petitioner Park Anaheim Healthcare Center, LLC (“Petitioner” or “Park Anaheim”) for failure to state a cause of action. Background The FAP alleges th...

Excerpt: ..., 2020 that is currently in Chase bank account number 608713975.” The account in question appears to be owned by Defendant Do All Communications NY Inc. (“Do All”), which was originally sued as Doe 1. Plaintiff's Objections to Do All's Opposition and Appearance Plaintiff objects, on various grounds, to an opposition purportedly filed by Do All or emailed to the court on or about June 16, 2020. The court has not received an opposition of Do ...

Excerpt: ... their positions as police officers with the Los Angeles Police Department (“LAPD” or “Department”). Judicial Notice Respondents' Request for Judicial Notice, Exhibits 1-4 – Granted. (See Evid. Code § 452(b), (h).) Petitioners expressly rely on City Charter sections 571 and 1070 in their opening brief. LAPD Manual Sections 1/090-1/098.10 and Charter section 574, which discuss powers and duties of the Chief of Police, are related to Pet...

Excerpt: ...County of Los Angeles (“Registrar”), Respondent Los Angeles County Office of Education (“LACOE”), and Respondent Debra Duardo, in her official capacities as Los Angeles County Superintendent of Schools and Chief Executive Officer and Secretary of LACOE's County Board of Education (“Duardo”) to implement Petitioner's adopted board member election sequence of Trustee Areas 1 and 4 for the November 3, 2020 elections. Factual Background P...

Excerpt: ...9 Wellington Road, Los Angeles, CA 90016 (“Property”). Factual Background Plaintiff submits evidence of the following. The Property consists of a large single-family residence with five bedrooms and two bathrooms. The house was built in or about 1903 and is located in the Wellington Square area of Los Angeles. (Jung Decl. ¶¶ 4, 30.) Kenneth Jung (“Jung”) is the sole member of Plaintiff. Jung, who is now 62 years old, originally purchase...

Excerpt: ...e Department (“Department”; collectively “Respondents”). Respondents' Objection to Augmentation of the Record In an objection filed May 28, 2020, Respondents contend that Petitioner has not satisfied the requirements of CCP section 1094.5(e) to augment the record with pages 472 to 477. Petitioner's counsel lodged an electronic version of the record on June 9, 2020 by email. (See E-Lodging, filed 6/10/20; see also Filimona Decl. Exh. D.) R...

Excerpt: ... “CUIAB”) to set aside its final decision that disqualified Petitioner from receiving unemployment insurance benefits under Unemployment Insurance Code section 1256 because she voluntarily left her employment without good cause. Petitioner maintains that she did not voluntarily leave her employment because the separation from employment was mutual and because she was forced to resign. Factual Background Petitioner worked for Real Party in Int...

Excerpt: ...which includes estimated costs of $4,981.06 and estimated attorney fees of $54,061.00. Geogrid's Evidentiary Objections to Declaration of Kevin Bagi (1) Overruled. (2) Overruled. (3) Overruled. (4) Overruled. (5) Overruled. (6) Sustained. (7) Overruled. (8) Overruled. (9) Overruled. (10) Overruled. (11) Overruled. (12) Overruled. (13) Overruled. (14) Overruled. (15) Overruled. (16) Overruled. (17) Overruled. (18) Overruled. (19) Sustained. (20) S...

Excerpt: ...junction enjoining Defendants Alex Mehdiani and S.B.S. Trust Deed Network (“Defendants”) from foreclosing on the following real properties: (1) 5050-5052 Shearin Avenue, Los Angeles, California 90041/1949 Chickasaw Avenue, Los Angeles, California 90041, bearing Assessor's Parcel Number 5686-006- 016 (hereinafter the “Shearin Property”); and (2) 1438-1438 1/2 Oak Grove Drive, Los Angeles, California 90041, bearing Assessor's Parcel Number ...

Excerpt: ...28.7. Specifically, Petitioner moves for an order deeming the allegations of paragraphs 1-10, 12-19, 21-22, 26-29, 31, and 34-35 of the petition to have been admitted by Respondent. Background On January 15, 2019, Petitioner filed a petition for writ of mandate pursuant to CCP section 1094.5 and 1094.6. Petitioner alleges he was employed as a research attorney at Orange County Superior Court from August 1992 to February 2014. From 2011-2014, Peti...

Excerpt: ...t part as follows. In 2014, President Obama designated the San Gabriel Mountains (“SGM”) as a National Monument. Each year, over 25,000 hikers depart from SGM's parking area at the terminus of Camp Bonita Road to hike to “Bridge to Nowhere,” one of SGM's most famous features. WCA proposes to shut down public land in the SGMs, including the trail leading to the Bridge to Nowhere, by developing a project known as the “San Gabriel River Co...

Excerpt: ...ware supporting the refrigeration, plumbing, or HVAC systems from the leased space (“Premises”) at 3500 West 6 th Street, Los Angeles, CA 90020 (“Building”), without Plaintiff's prior authorization; (2) ripping out, taking, or disturbing any lines, pipes, condensers, appliances or other equipment on the roof or common areas at the Building's roof or its common areas; (3) ripping out, moving, or disconnecting any pipes or plumbing lines th...

Excerpt: ...9. Plaintiff's Evidentiary Objections to Declarations of Andre E. Jardini (for all three applications) See separate order Procedural History On October 24, 2018, Plaintiff, in pro per, filed a complaint for various counts for breach of contract, fraud, account stated, and quantum meruit. On December 27, 2018, Plaintiff filed a first amended complaint. On June 25, 2019, Plaintiff filed a second amended complaint. On March 8, 2019, Plaintiff filed ...

Excerpt: ...ssor in interest (“Dealer”) regarding purchase of the Vehicle on or about March 3, 2014. Defendant is in default for the October 2, 2017 payment obligation, and forward, under the terms of the Financing Agreement. (Lawter Decl. ¶¶ 5-7.). Plaintiff seeks possession of the Vehicle after making demand for Defendant to surrender the Vehicle. (Lawter Decl. ¶¶ 8-11). Procedural History Plaintiff filed a complaint for possession of personal prop...

Excerpt: ...d. 9. Sustained. Procedural History On July 19, 2018, Plaintiff Reyna Lara filed a complaint for damages against Staffmark and MGA for discrimination, harassment, and retaliation in violation of Government Code section 12940 et seq., and related claims. On October 5, 2018, MGA filed a first amended cross-complaint against Staffmark for negligence, indemnification, and declaratory relief. On October 11, 2018, Staffmark filed a cross-complaint agai...

Excerpt: ...' cutting plotter, serial no. KDI072 (“Equipment”). Procedural History Plaintiff filed a complaint breach of contract, common counts, and claim and delivery on August 8, 2018. Plaintiff filed the application for writ of possession on December 10, 2018 and then again on January 22, 2019. On April 8, 2019, Plaintiff filed proofs of service showing substitute service of the summons, complaint, application for writ of possession, and notice of he...

Excerpt: ...ntiff filed an unverified complaint against Defendant for breach of personal guaranty, money lent, account stated, and unjust enrichment. On January 11, 2019 Plaintiff filed its application for writ of attachment. On January 17, 2019, Plaintiff served the application on Defendant by substitute service. On March 20, 2019, the court entered Defendant's default. Summary of Applicable Law “Upon the filing of the complaint or at any time thereafter,...

Excerpt: ... 90044 (the “Property”). Judicial Notice Defendant's RJN, Exhibits 1-17 – Granted. Factual Background On or about November 1, 2001, Leonard Amos (“Leonard”) and Henrietta Amos (“Henrietta”) acquired title to the Property as joint tenants pursuant to a recorded grant deed.[1] (RJN Exh. 1.) Concurrently, Leonard and Henrietta obtained a $206,755 loan (“Loan”) from United California Systems International, Inc. Repayment of the Loan...

Excerpt: ...at an appeal hearing was set for some unspecified date and that he “arrived a few minutes late.” Petitioner states that he did not commit fraud on his income reports; followed all housing procedures; and never admitted to fraud. (Compl. pp. 1-2.) Attached to the complaint is a “Notice of Decision” dated November 3, 2017 and signed by hearing officer Dale Nowicki, as well as a proof of service of the decision on Petitioner (“Decision”)...

Excerpt: .... Statement of the Case According to the declaration of Eric McCallie, an employee for Plaintiff, Defendant entered into an Agreement regarding lease of the Vehicle on or about May 22, 2015. Defendant failed to make payments required by the Agreement starting March 22, 2017. Defendant is in default under the Agreement, and Plaintiff seeks possession of the Vehicle after making demand for Defendant to surrender the Vehicle. (McCallie Decl. ¶¶ 9-...

Excerpt: ...to the declaration of Patricia Lawter, Loss Mitigation Manger for the Plaintiff, Defendant entered into an Agreement with Plaintiff regarding purchase of the Vehicle on or about August 11, 2016. Defendant is in default for the September 10, 2016 payment obligation, and forward, under the terms of the Financing Agreement. (Lawter declaration, ¶7). Plaintiff seeks possession of the Vehicle after making demand for Defendant to surrender the Vehicle...

Excerpt: ...harging Receiver; and exonerating Receiver's bond. Statement of the Case On or about August 31, 2012, Defendant Apparel Web, LLC and Defendant Rainbow Jewelry, LLC entered into a business loan agreement with Plaintiff wherein Plaintiff agreed to lend Defendants the sum of $950,000. In connection with this loan, Defendants executed a promissory note in favor of Plaintiff in the amount of $950,000. Thereafter, Plaintiff and Defendants entered into ...

Excerpt: ...in estimated attorneys' fees. Background and Procedural History On January 20, 2017, Plaintiffs filed a complaint against Defendants Sage Vermont LLC and Wilshire Escrow Company for breach of contract, conversion, express indemnification and declaratory relief. Defendant filed an answer on April 6, 2017. On December 12, 2017, Plaintiff filed its application for writ of attachment against Defendant. No opposition to the application has been receiv...

Excerpt: ...., Los Angeles, CA 90068 (the “Property”). Background and Procedural History On January 5, 2018, Plaintiff filed a complaint against Defendants for breach of contract, breach of implied covenant of good faith and fair dealing, negligence, violations of the Homeowner's Bill of Rights, violation of Civil Code section 2937, and unfair business practice. Plaintiff is the owner of the Property and resides there. In January 2007, in consideration o...

Excerpt: ...8 Hino 268 w/28 foot Dry Van Body/Lift Gate, VIN No. 5PVNJ8JV082S51113; and (2) 2006 Hino 268, engine J08B, 220hp, Trans 6 speed, 26 box lift gate, VIN No. 5PVNJ8JV962S10024 ( “Equipment 1” and “Equipment 2”). Statement of the Case According to the declaration of Ellen W. Miller, Plaintiff's Senior Portfolio Manager, Defendant Hinoro, Inc entered into an Agreement regarding lease of Equipment 1 on February 24, 2014. (Miller Decl. ¶ 4.). ...

Excerpt: ...rner Engineering Corp. and David Bryan Turner for breach of contract, alter ego liability, and other claims. The complaint alleges that Defendant breached a “Professional Services Subcontract Agreement” between Plaintiff and Defendant. On December 14, 2017, Plaintiff filed its application for writ of attachment. On January 19, 2018, Defendant filed a general and special demurrer to the complaint. The demurrer alleges that the complaint fails ...

Excerpt: ...ocedural History On October 23, 2017, Plaintiff filed a complaint against Defendants for breach of written agreement, breach of personal guaranties, and related claims. Plaintiff alleges that Defendants owe $36,917.52 in principal damages for breach of a promissory note and commercial guaranties. On October 30, 2017, Plaintiff filed its applications for writ of attachment. On November 9, 2017, Plaintiff filed a notice of stay of proceedings, whic...

Excerpt: ...ge Dr., Los Angeles, CA 90068 (the “Property”). Background and Procedural History On January 5, 2018, Plaintiff filed a complaint against Defendants for breach of contract, breach of implied covenant of good faith and fair dealing, negligence, violations of the Homeowner's Bill of Rights, violation of Civil Code section 2937, and unfair business practice. Plaintiff is the owner of the Property and resides there. In January 2007, in considerat...

Excerpt: ...Objections Gelzer Declaration 1. Overruled. 2. Overruled. 3. Sustained. 4. Sustained. 5. Overruled. 6. Sustained as to paragraphs 14-20; overruled as to paragraph 21. Noe Declaration 1. Sustained. 2. Overruled. Background and Procedural History On May 5, 2017, Gelzer filed a complaint against MLB and other defendants for breach of contract, fraud, and related claims. On June 1, 2017, MLB filed an answer and a cross-complaint against Gelzer for br...