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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...(“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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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...