Excerpt: ...ural History On April 12, 2021, Plaintiff filed a complaint against Defendants for breach of contract and common counts. On April 19, 2021, Plaintiff filed the instant applications for writ of attachment. On May 20, 2021, Plaintiff filed proofs of service indicating that both Defendants were personally served with the summons, complaint, notice of hearing, and application for writ of attachment on May 19, 2021. No opposition has been received. Su...

Excerpt: ...ed costs of $2,000 and estimated attorney's fees of $2,500. Procedural History On April 7, 2021, Plaintiff filed a complaint against Defendants for breach of contract, breach of guaranty, various common counts, and conversion. On April 15, 2021, Plaintiff filed the instant applications for writ of attachment. On May 19, 2021, Plaintiff filed proofs of service indicating that Defendants were each served with the summons, complaint, applications fo...

Excerpt: ...anted. (See Gong v. City of Rosemead (2014) 226 Cal.App.4th 363, 376.) Background According to the petition and complaint, Petitioner is a person with disabilities and a Medi-Cal enrollee. (First Amended Petition and Complaint (“FAP” ¶¶ 7, 20.) Petitioner is about 57 years old. (Id. ¶ 22.) In addition to Respondent City and County of San Francisco, the respondents in this action include several other California-based hospitals and health p...

Excerpt: ...r driving a motor vehicle while under the influence of alcohol. Factual and Procedural Background August 4, 2019, Detention and Arrest On August 4, 2019, California Highway Patrol Officers B. Hernandez and J. Vargas were on patrol eastbound on State Route 134. Officer Hernandez was the driver, and Officer Vargas sat in the passenger's seat. According to a report prepared by Officer Vargas, at approximately 1:18 a.m., Officer Hernandez observed Pe...

Excerpt: ...al test and revoking Petitioner's driving privilege. Factual Background On September 19, 2019, at approximately 2:46 am, Los Angeles Police Department (“LAPD”) Officer Miguel Maya and his partner, Officer Singh, were conducting patrol in the area of Anaheim St. and Neptune Ave. Officer Maya observed a black BMV convertible with a broken right headlight traveling westbound on Anaheim St. at a high rate of speed of 50 to 55 miles per hour. (AR ...

Excerpt: ... unpaid fees and costs from receivership estate; (3) directing disbursement of remaining receivership estate funds; (4) exonerating all bonds; (5) terminating receivership and discharging Receiver from any further duties or responsibilities; (6) ordering Plaintiff Scott Lambert and Defendants P&S Ventures, LLC, Patrick McMahon, Dina Browner, and Jason Beck jointly and severally to defend and indemnify Receiver against any claims, demands, etc. wh...

Excerpt: ...ry On January 10, 2018, Plaintiff filed a complaint against Defendant for conversion, breach of contract, money had and received, and fraud. On February 14, 2018, the court granted Plaintiff's ex parte application for writ of attachment against Defendant in the amount of $125,057.58. On March 9, 2018, Defendant filed a general denial. On March 13, 2018, the court granted Plaintiff's ex parte application for writ of attachment against Defendant, a...

Excerpt: ...rom “DISALLOWING the customers of plaintiff, EDUGO from utilizing the onsite parking facilities at 810 E. Pico Blvd., Los Angeles, CA 90021 during the normal course of the operation of the testing center, with the parking validation provided by plaintiff, EDUGO.” (OSC at 2.) Defendants' Evidentiary Objections filed 5/3/21 and 5/18/21 Declaration of Connie Kim (1) Overruled (2) Overruled (3) Overruled. (4) Overruled. (5) Overruled. (6) Overrul...

Excerpt: ... Angeles (“County”). ALADS contends that County's returns to the writ show that County is improperly calculating the payments owed pursuant to the writ, including by imposing a three-year statute of limitations and an arbitrary cap on the number of persons entitled to payment at any time. ALADS's Evidentiary Objections Ewell Declaration (1) Overruled (2) Overruled. (3) Overruled. (4) Overruled. (5) Overruled. (6) Overruled. (7) Overruled. (8)...

Excerpt: ...al, LLC; Manhattan Real Estate Fund GP, LLC; Yna Kim; 8th Bridge Capital, Inc.; 8BC Loan Fund, LLC; Maru Assets, LLC; Does 1-50 (collectively “Defendants”); and their employees, agents, affiliates, partners, assigns, attorneys, and all persons acting on behalf or in concert with any of the same (collectively, “Agents”) under the Uniform Voidable Transactions Act (“UVTA”). The OSC re: preliminary injunction was originally set by ex par...

Excerpt: ...cifically Pole 567318E and its cross-arms, at 38 Portuguese Bend Road, Rolling Hills, California 90274 (the “Property”). Judicial Notice Plaintiff's request for judicial notice (“RJN”) of Exhibit 1 and that the Property is within an area that the California Department of Forestry and Fire Protection currently designates as a "Very High Fire Hazard Severity Zone” -- Granted. (Evid. Code §§ 452(c), (h).) Plaintiff's supplemental RJN of ...

Excerpt: ...rom unemployment benefits because she left her most recent employment with Respondent J. Paul Getty Trust (“Getty”) voluntarily without good cause, and that Petitioner was not eligible for unemployment benefits for the week ending October 26, 2019. Background Petitioner's Written Statement and Testimony At the January 23, 2020 CUIAB hearing, Petitioner authenticated her appeal statement and provided the following testimony under oath. (AR 22-...

Excerpt: ...g Respondent California Department of Industrial Relations, Division of Labor Standards Enforcement (“Respondent” or “DLSE”) to set aside the Decision re: Debarment of Minco and Mina from Publics Works Projects, issued on May 16, 2019, by the Assistant Chief for the Department of Industrial Relations, Division of Labor Standards Enforcement, in DIR Case No.: LB6333 (“Decision”). Background Statutory Framework The Labor Commissioner is...

Excerpt: ...Respondent City of Los Angeles (“Respondent” or “City”) not to disclose five contractual agreements requested by Real Parties in Interest Vox Media, LLC and Sean O'Kane (“Real Parties” or “Vox”) pursuant to the California Public Records Act (“CPRA”). In a cross-petition, Real Parties petition for a writ of ordinary mandate directing City to produce all records responsive to Real Parties' CPRA request dated April 8, 2019, inclu...

Excerpt: ...deo links included in paragraphs 2-4 of the Moot declaration – Granted. (Evid. Code § 452(d), (h).) No objection has been received. Defendant's Reply RJN of Exhibits 12 and 13 to Reply Notice of Lodging – Granted. Factual Background Blackburn has been a member of the Monrovia City Council (“City Council”) since 2013. (Notice of Lodgment (“NOL”) Exh. 2.) Defendant is a non-profit corporation that operates a public, educational, and go...

Excerpt: ...n administrative proceeding that resulted in Petitioner's termination from employment with Respondent Employment Development Department (“Respondent” or “EDD”). Judicial Notice Respondent's RJN Exhibits 1-2 – Granted. Background and Procedural History Petitioner began his employment with EDD on or about June 10, 2009. On or about February 8, 2018, Petitioner was dismissed from his job at EDD based on various allegations of misconduct. (...

Excerpt: ...se According to the declaration of Patricia Lawter, Loss Mitigation Manger for the Plaintiff, Defendants entered into an Agreement with Plaintiff's predecessor in interest (“Dealer”) regarding purchase of the Vehicle on or about February 22, 2018. The Dealer assigned the Agreement to Plaintiff. Defendants defaulted on the Agreement starting August 2019 by failing to remit the regular monthly loan payment. Plaintiff seeks possession of the Veh...

Excerpt: ...ioner's application for a service-connected disability retirement. Petitioner contends that the weight of the evidence does not support the Board's finding that his permanent disabling conditions, which resulted from a stroke, were not connected to his County service. Specifically, Petitioner contends that stress from his work as a police officer materially contributed to his hypertension, which resulted in the stroke. Background Employment Histo...

Excerpt: ...ege for one year. Respondents' Motion to Augment the Administrative Record; and Petitioner's Objections Although no motion has been filed, Respondents apparently seek to augment the administrative record with exhibits 2 and 3 of the declaration of Dominic Quiller. They may also seek to augment the record with exhibit 1 to Quiller's declaration. (See Oppo. 10-11, citing CCP § 1094.5(e).) Petitioner objects. “As a general rule, a hearing on a wr...

Excerpt: ...es the motion. No opposition has been received from City of Carson. Background and Procedural History On August 17, 2020, Petitioner, an attorney representing himself, filed the original petition for writ of mandate. On September 2, 2020, Petitioner filed the operative first amended petition for writ of mandate (“FAP”) pursuant to CCP section 1085 against Respondents City of Carson (“City”), Mayor Albert Robles, Mayor Pre- Tempore James D...

Excerpt: ... decision revoking Dr. Tyson's veterinary medical license and Crown City's premises permit. Statement of the Case On January 8, 2018, the Board filed an accusation against Dr. Tyson and Crown City alleging four causes for discipline. (AR 533-540.) Dr. Tyson and Crown City filed a Notice of Defense dated January 16, 2018. An administrative hearing was conducted over the course of nine days from November 26 through 29, 2018 and from May 20 through ...

Excerpt: ...2 – Granted. Background This action involves two Public Records Act requests made by Petitioner to Respondent. Procedural History On April 23, 2020, Petitioner filed a verified petition for writ of mandate pursuant to the California Public Records Act. On October 15, 2020, at a trial setting conference, the court set the hearing for the writ petition for August 3, 2021, and set a briefing schedule. The hearing on the petition was later continue...

Excerpt: ...as Insurance Commissioner (“Respondent” or “Commissioner”), to set aside his decision revoking Petitioners' insurance licenses. Petitioners' Request for Judicial Notice and Motion to Augment the Administrative Record Petitioners request judicial notice of: (1) a minute order dated July 23, 2020, terminating Petitioner Loris Moradian's probation; and (2) an order entered November 9, 2020, dismissing and expunging Moradian's misdemeanor con...

Excerpt: ...iff, Plaintiff is assignee of a contract pursuant to which Defendant entered into a contract to purchase the Vehicle. Taylor declares that Defendant has defaulted under the Agreement and presently owes $20, 209.51. Plaintiff seeks possession of the Vehicle after making an unsuccessful demand to Defendant to surrender the Vehicle. (Taylor Decl. ¶¶ 5-6.) Procedural History Plaintiff filed its verified complaint on February 18, 2020. Plaintiff fil...

Excerpt: ...ds; a declaration that Respondent's conduct, policies, and pattern and practice of denying access to public records violates the CPRA; a permanent injunction enjoining Respondent, its agents, employees, officers, and representatives from continuing its existing pattern and practice of violating the statutory requirements of the CPRA; and for Petitioner to be awarded reasonable attorney's fees and costs incurred in bringing this action, as provide...