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: ...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: ...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: ...(“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: ...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: ... 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: ...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...