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: ...) (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, ...