Excerpt: ...ated Petitioner from his position as police officer for the Los Angeles Police Department (“LAPD” or “Department”). Judicial Notice Respondents' RJN Exhibit 1 – Granted. (Evid. Code § 452(b), (d), (h).) Petitioner's Reply RJN Exhibit A – Granted. (Evid. Code § 452(b), (d), (h).) Reply Declaration of Bill Seki; Petitioner's Request to Augment the Administrative Record In reply, Petitioner submits a declaration of attorney Bill Seki, ...

Excerpt: ...s John Doe 1 and John Doe 2 (“Petitioners”) for failure to state a cause of action. Procedural History On December 28, 2020, Petitioners filed a petition for writ of mandate pursuant to CCP section 1094.5, or in the alternative, CCP section 1085, “directed to Respondents to redress their improper administrative decisions to suspend of JOHN DOE 2, based on alleged ‘robbery or extortion' purportedly committed when JOHN DOE 2 was in second g...

Excerpt: ...cal systems at commercial property located at 7765- 7775 Kester Ave., Van Nuys, CA (“Property”) or to turn off power at the Property through the Department of Water and Power (“DWP”). Procedural History On June 30, 2021, Plaintiff filed a complaint against Defendant for breach of lease, declaratory relief, injunctive relief, and intentional waste. On July 6, 2021, Plaintiff filed proof of personal service of the summons and complaint on D...

Excerpt: ...C2045 DD13/Allison, VIN YE2CC1AB1C204798 (the “Vehicle”). Statement of the Case According to the declaration of M. Cary Calkin, Chief Operating Officer of Plaintiff, Defendant Fernando Tours Inc. entered into a promissory note and security agreement (“Agreement”) with Plaintiff's predecessor in interest, Advantage Funding Capital Corporation (“Assignor” or “Advantage Funding”) regarding purchase of the Vehicle on or about May 5, 2...

Excerpt: ...resulting from injuries Petitioner allegedly suffered while under Respondent's care on February 1, 2019. Background and Procedural History Petitioner was born December 24, 2007, and has been a minor at all relevant times. (Cutting Decl. ¶¶ 5, 8 and Exh. 1.) Petitioner alleges that he was injured on February 1, 2019, while a student at Doty Middle School, which is part of the Downey Unified School District. According to Petitioner's government c...

Excerpt: ...request for records dated November 27, 2020, under the California Public Records Act (“CPRA”). Petitioner seeks a writ directing Respondent to permit Petitioner to inspect the requested records at no charge during Respondent's regular office hours. Petitioner seeks a judicial declaration that Respondent violated Petitioner's rights under the CPRA by failing to permit Petitioner to inspect the records in person during a temporary suspension of...

Excerpt: ... two items of costs in the cost memorandum. Background and Procedural History On December 17, 2018, Petitioner, in pro per, filed a petition for writ of administrative mandate and an amended petition for writ of administrative mandate. In the petition, Petitioner alleged that CUIAB did not consider his explanation for filing a late administrative appeal and improperly dismissed his case without considering the merits. On August 4, 2020, the court...

Excerpt: ...hchi (“Gholam” and with Fariba collectively referred to as the “Atighehchis”) in the amounts of $430,874.61 (Sunshine), $432,609.82 (Moe), and $495,436.38 (Atighehchis). Judicial Notice Plaintiff's RJN Exhibits 13-15, 19, 21-24 – Granted. Plaintiff's Evidentiary Objections (1) Overruled. (2) Overruled. (3) Overruled. (4) Overruled. (5) Sustained. (6) Sustained. Procedural History On August 4, 2020, Plaintiff filed a complaint against De...

Excerpt: ...l, with the revocation stayed pending a three-year probationary period. Petitioner also seeks a writ directing Respondent Los Angeles Unified School District (“LAUSD” or “District”) to “remove from her personnel file or any other file used for personnel purposes documentation relating to the incident adjudicated in this petition and refrain from using the incident adjudicated in this petition in any way adverse to Petitioner.” (Second...

Excerpt: ...riving a motor vehicle while under the influence of alcohol. Factual and Procedural Background Traffic Stop and Arrest On October 15, 2018, at about 12:38 am, Deputy D. Waishwile of the Los Angeles County Sheriff's Department, West Hollywood Station, was on patrol on eastbound Sunset Boulevard near Kings Road in West Hollywood. (AR 15.) Petitioner was driving a grey 2014 Rolls Royce “Wraith” coup directly in front of Waishwile in the #2 lane....

Excerpt: ...History On September 21, 2020, Plaintiff filed its unverified complaint against Defendant for possession of personal property, breach of contract, open book account, and account stated. On December 11, 2020, Plaintiff filed proof of service by substitute service, on November 15, 2020, of the summons and complaint on Defendant. On December 30, 2020, the court entered Defendant's default. On March 1, 2021, Plaintiff filed and served its application...

Excerpt: ...nis, Replevin Specialist for Plaintiff, Plaintiff is assignee of a contract pursuant to which Defendant purchased the Vehicle. Cinis declares that Defendant has defaulted under the Agreement and presently owes $45,120.28. Plaintiff seeks possession of the Vehicle after making an unsuccessful demand to Defendant to surrender the Vehicle. (Cinis Decl. ¶¶ 5-8.) Procedural History Plaintiff filed its unverified complaint on January 22, 2021. Plaint...

Excerpt: ...endant Ryan Jennemann (“Jennemann”) in the amount of $858,368.54. Jennemann's Evidentiary Objections Declaration of Brian Rosenblum (1) Overruled. (2) Overruled. (3) Overruled. (4) Overruled. (5) Overruled. (6) Sustained as to “or anyone else representing Plaintiff,” Overruled as to remainder. (7) Overruled. (8) Overruled. (9) Overruled. (10) Overruled. (11) Sustained. (12) Overruled. (13) Overruled. (14) Overruled. (15) Overruled. (16) O...

Excerpt: ...ction 6259(d). Judicial Notice Respondent's RJN Exhibits A-E – Granted. Respondent's Evidentiary Objections Entire Supplemental Declaration of Matthew J. Jones – Overruled. Overbroad objection to entire declaration. Much of the supplemental declaration is proper rebuttal to argument and evidence presented in Respondent's opposition. (See Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537- 1538.) Specific Objections: (1) Paragraph 22 – Sustai...

Excerpt: ...tiff filed a complaint against Defendant for breach of contract and common counts. On April 6, 2021, Plaintiff filed proof of service of the summons and complaint. On June 23, 2021, the court entered Defendant's default. On June 25, 2021, Plaintiff filed and served the instant application for writ of attachment. No opposition to the application for writ of attachment has been filed. Summary of Applicable Law “Upon the filing of the complaint or...

Excerpt: ...�APC”) to grant, in part, an appeal of Real Party in Interest Robert Lyon (“Lyon”) and impose a condition of tree replacement on Petitioner's development of real property located at 720 North Crane Boulevard, Los Angeles, CA (“Property”). Petitioner has not filed an opening brief in support of the petition or lodged the administrative record. The court denies the petition for the reasons stated below. Background and Procedural History P...

Excerpt: ...39. Background and Procedural History On July 30, 2019, Petitioner filed a verified petition for writ of mandate pursuant to CCP section 1085 and a complaint for declaratory and injunctive relief pursuant to Corporations Code sections 1600, 1601, and 1501. On February 13, 2020, Respondent filed a verified answer. On December 24, 2020, Petitioner filed its opening brief in support of the writ petition. The court received Respondent's opposition an...

Excerpt: ...ember 12, 2019, to November 28, 2019. Background and Procedural History According to Petitioner's government claim, Petitioner was involved in two incidents on September 2, 2019, which resulted in his arrest and subsequent incarceration. One of the incidents resulted in fractures to his right ankle. Dr. Ranbir Singh, a surgeon at Henry Mayo Newhall Hospital, ordered a full body MRI, which showed that Plaintiff was suffering diverticulitis with in...

Excerpt: ...ural History On July 23, 2020, Plaintiff Old Road Realty, LLC (“Plaintiff”) filed a complaint against Skyhigh and other defendants for breach of lease and guaranties. The complaint alleges, inter alia, that Skyhigh breached a lease for premises located at 28656 & 28662 The Old Road, Building J, Valencia, California (“Lease”). (Compl. ¶ 8, Exh. A.) On September 28, 2020, Skyhigh and several individuals filed a cross-complaint against Cros...

Excerpt: ...rms to its Office of Conduct, Accountability, and Professionalism (“OCAP”). Petitioner also petitions for a writ of administrative mandate pursuant to CCP section 1094.5 directing Respondent to set aside a September 6, 2019, decision of its Committee of Professional Responsibility that imposed the following sanctions on Petitioner: (1) a one-semester suspension without pay from the university; (2) a requirement to obtain counseling and anger ...

Excerpt: ...tice Respondent's RJN Exhibits A-D – Granted. Background and Procedural History Downing is a columnist who works for Beachcomber, a newspaper publishing business entity. (Petition ¶ 2.) On or about June 11, 2019, pursuant to the CPRA, Petitioners requested that the City provide the following: all records relating to sustained findings made by LBPD and/or City of Long Beach officials for dishonesty (i.e. Overtime Fraud) by Thomas Elliot Behrens...

Excerpt: ...al leave; from attempting to give performance reviews while Petitioner is on medical leave; and from issuing any counseling memoranda threatening to remove the property interest in the employment of Petitioner, among other relief. Petitioner has not filed an opening brief in support of the petition or any evidence. The court will deny the petition for the reasons stated below. Respondent's Evidentiary Objections Respondent objects to documents at...

Excerpt: ...o specially demurs to the petition for uncertainty. Judicial Notice Respondent's RJN Exhibit A – Granted. Procedural History On February 18, 2021, Petitioner filed a “petition for writ” with the appellate division of Los Angeles Superior Court. The petition was filed on form APP-151, Petition for Writ (Misdemeanor, Infraction, or Limited Civil Case.) On March 8, 2021, Department 1 reassigned the matter to Department 82, a writs and receiver...

Excerpt: ...547.45, and against Defendants Kamrouz Farhadi (“Farhadi”) and Starline Tours of Hollywood, Inc. (“Starline”) (collectively “Defendants”) in the amount of $727,307.45. Plaintiff also moves for a writ of possession against Streamline with respect to four motorcoach vehicles, as described in Exhibit A to the application (the “Vehicles”). Procedural History On December 10, 2020, Plaintiff filed a complaint against Defendants for brea...

Excerpt: ... AGP Towing, Inc., and Keyanoosh Ghamari (“Petitioners”). Respondent contends that Petitioners have not executed a bond required by Labor Code section 3725. No opposition has been received, and no bond has been filed by Petitioners. Background and Procedural History On December 3, 2018, the Labor Commissioner cited Petitioners under Citation Number SO 476660 due to Petitioners' alleged failure to cover employees with workers' compensation ins...