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