Excerpt: ...llows: Davien Long was driving on or about June 23, 2022, when he was pulled over by Los Angeles County Sheriff deputies. One of the deputies, Deputy Blake Runge, “reached into the car through the window, opened the door, grabbed Mr. Long's left arm and twisted it.” Both deputies then dragged him out of the car and put him on the ground. Kamryn Long, who was present, attempted to ascertain why her husband had been stopped. In response, the de...

Excerpt: ...declaratory r elief against the Los Angeles Unified School District (the “LAUSD” or the “District”), as well as the Board of Education and Superintendent (collectively, “Respondents”). Petitioners move for a preliminary injunction to prevent the LAUSD from using a school facility, constructed with Charter School Finance Program (“CSFP”) funds, for anything other than a qualified charter school, per the Charter School Facilities Pr...

Excerpt: ...and an order to show cause why a preliminary injunction shall not issue. Plaintiffs seek an order enjoining Defendant Fahim Farivar from: (1) Interfering with a new membership meeting and election, (2) Attempting to intimidate or threaten any member of the congregation from requesting a new membership meeting and election, (3) Attempting to intimidate or threaten anyone in connection with voting in the election, and (4) “Holding a Board of Dire...

Excerpt: ...ents, employees, and those acting on your behalf shall not be prohibited from transferring, or directing or causing to be transferred, any portion of the proceeds from the sale of 1345 W. 37 th Drive Los Angeles, CA 9007, other than to transfer funds to IPX 1031, the facilitator designated for the 1031 exchange for Regina Fair, Successor Trustee of The Frank R. Fair Jr. Living Trust U/A dated May 21, 2022, during the pendency of the above entitl ...

Excerpt: ...r the petitioner is seeking traditional or administrative mandamus, or both.” In the petition, petitioner references both Code of Civil Procedure (“CCP”) § 1085 and 1094.5. (Pet. at 1:15 [citation below title of pleading].) However, in the opening brief, petitioner does not state whether he is seeking traditional or administrative mandamus. In the opposition, respondent County of Los Angel es contends that petitioner does not clarify how h...

Excerpt: ...he Department of Motor Vehicles' (“DMV”) denial of the request. (McCoy Decl. ¶ 9 & Ex. A; Mtn. at 3) CCP § 1094.5(e) states: “Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not have been produced or that was improperly excluded at the hearing before respondent, it may enter judgment as provided i n subdivision (f) remanding the case to be reconsidered in the light of that evidenc...

Excerpt: ...tioner, from declining to consider or rejecting such application(s), or from revoking petitioner's business license. With respect to whether plaintiffs are entitled to a preliminary injunction, “the question whether a preliminary injunction should be granted involves two interrelated factors: (1) the likelihood that the plaintiff will prevail on the merits, and (2) the relative balance of harms that is likely to result from the granting or deni...

Excerpt: ...of Los Angeles International Airport. I. Factual Background Petitioner Tiffany Abraham is the widow of Cris Abraham. On October 31, 2022, Mr. Abraham was working in a utility room in or near Terminal 8 at LAX as a construction foreman. (Gutierrez Decl. ¶ 18 & Ex. 17 at ¶ 5.) The fixed carbon dioxide fire suppression system allegedly released toxic carbon dioxide gas without any of the mandated safety mechanisms functioning. (Pet. ¶ 5.) On Nove...

Excerpt: ...to Be Relieved as Counsel is CONTINUED. Respondent City of Los Angeles' Motion to Strike Third Amended Petition is GRANTED WITH 10 DAYS LEAVE TO AMEND. Respondent City of Los Angeles' Demurrer to Third Amended Petition is taken OFF-CALENDAR as MOOT. I. UNAUTHORIZED SUR‐REPLIES The following documents filed by petitioner Marvin Brown are STRICKEN as unauthorized sur-replies: 1. Petitioner's Rebuttal to City of Los Angeles, Department of Water & ...

Excerpt: ... entered an interim order assuming jurisdiction over the law practice of respondent David Daniel Ribeiro, pursuant to Business and Professions Code § 6190, et seq. Petitioner State Bar of California (“State Bar”) was appointed to retrieve and secure all the files and records of respondent's law practice from sites where reliable evidence established that client files or records may be stored. (Ramirez Decl. ¶ 4; see also 12/9/21 Interim Ord...

Excerpt: ...e other than recovery on the claim; and (4) the amount to be attached is greater than zero. Plaintiff Peter S. Nam moves for right to attach order against defendant Jamie Kim in the amount of $521,250. Plaintiff's claim against defendant Kim is for amounts that defendant owes under two written promissory notes – (1) a promissory note executed on October 5, 2016 for $900,000 (“2016 Note”) and (2) a promissory note executed on August 23, 2019...

Excerpt: ...ndent, seeking testimony from respondent's person most qualified concerning the following categories: CATEGORY NO. 1: YOUR specific efforts to date to search for RECORDS responsive to each of the REQUESTS. CATEGORY NO. 2: The basis of YOUR position as of August 7, 2023 that YOU produced all documents responsive to the REQUESTS. CATEGORY NO. 3: The basis of YOUR position as of August 7, 2023 that with the production of document made “this matter...

Excerpt: ...rosecution pursuant to this article on its own motion or on motion of the defendant if to do so appears to the court appropriate under the circumstances of the case.” (See CCP § 583.410(a).) “Dismissal shall be pursuant to the procedure and in accordance with the criteria prescribed by rules adopted by the Judicial Council.” (CCP § 583.410(b).) A dismissal under Code of Civil Procedure § 583.410 requires the court to follow the guideline...

Excerpt: ...tment of Transportation (“Caltrans”) to: (1) produce a witness who can competently and fully testify as to all four examination topics in the operative third amended deposition notice; (2) respond in full and without objection to deposition questions regarding what measures respondent took to comply with petitioner's September 29, 2022 public records request; and (3) search email accounts of all agency employees who had possession of the Fede...

Excerpt: ...actual Background The State of California requires each city to have a “comprehensive, long-term general plan for the physical development” of the city. (Gov. Code § 65300.) [1] Each general plan must have a housing element. (§ 65302(c).) The housing element consists of ‘standards and plans for housing sites in the municipality that ‘shall endeavor to make adequate provision for the housing needs of all economic segments of the communit...

Excerpt: ...urrently secure a Promissory Note. (Morris Decl. ¶ 2 & Ex. 2 [Deed of Trust]; ¶ 10 & Exs. 3, 4 [Notices of Default]; ¶ 13 & Ex. 19 [Notice of Trustee Sale]; Davis Decl. ¶ 2 & Ex. 1 [Promissory Note].) In their sole cause of action for declaratory relief, plaintiffs contend that defendants are barred from foreclosure by the one action rule set forth in CCP § 726(a). (See FAC ¶¶ 22, 23 [“Plaintiffs contend…the [Deeds of Trust] are void a...

Excerpt: ... him to his prior position of Police Officer with back pay. I. Factual Background Petitioner Nicholas Landry was a police officer employed by Los Angeles Police Department (“LAPD” or “Department”) for 15 years until he was terminated for misconduct in March 2021. (AR 317, 1050.) The Department alleged that petitioner committed misconduct on or about February 9, 2020 with respect to the arrest of an intoxicated domestic violence suspect. (...

Excerpt: ...ith defendant 5860 West Jefferson, LLC for plaintiff to lease commercial property. (FAC ¶ 7.) 5860 West Jefferson, LLC later transferred its interest under the Lease to defendant 5860 West Jefferson I, LLC. (FAC ¶ 8.) 5860 West Jefferson, LLC and 5860 West Jefferson I, LLC are hereinafter referred to collectively as “Lessor.” Under the Lease, Lessor was to build the Base Shell and Core (“BSC”) structure and specified Tenant Improvements...

Excerpt: ...ctual Background On March 1, 2021, respondent California Department of Public Health (“CDPH”) received petitioner Unity Healthcare Hospice, Inc.'s initial application for a hospice license. (Pet. Ex. 1.) On August 26, 2021, CDPH sent petitioner a letter indicating that certain forms were missing from the application. (Pet. Ex. 1.) On September 16, 2021, CDPH sent a letter to petitioner stating that all required forms and supporting documents ...

Excerpt: ...was entered. (CCP §§ 1032(a)(4), (b).) Petitioner John Doe moves to tax $6,039.00 of the $7,020.80 in costs claimed by respondent as unreasonable and excessive. As a general matter, the Court finds it was reasonable for respondent to have attorneys work with respondent to compile the record. Respondent was entitled to have its attorneys review documents concerning the adverse action taken against petitioner for privilege, such as communications...

Excerpt: ...tual Background Petitioner Michael McMahon was employed by the Los Angeles Police Department (“Department”) at the rank of Police Officer II. (AR 1, 4.) On August 18, 2021, the Los Angeles City Council adopted Ordinance No. 187134 (“Ordinance”). (AR 1239-44.) The Ordinance required City employees to be fully vaccinated for COVID-19, or to have requested an exemption, and to have reported their vaccination status no later than October 19, ...

Excerpt: ...nd Petitioner was arrested and convicted twice during a ten-year period for driving under the influence (“DUI”). He was first arrested for DUI on October 19, 2010 in Orange County. (Pet. ¶ 4.) On February 22, 2011, petitioner pled guilty to two DUI counts in Orange County Superior Court (“OCSC”). (Pet. ¶¶ 4-5.) [1] Petitioner was arrested a second time for DUI on February 5, 2020. (Pet. ¶ 6.) Thereafter, on September 21, 2021, petitio...

Excerpt: ...ount of $7,420,000. I. Factual Background Plaintiffs, along with three non-parties (collectively, “lender-investors”), made loans or investments to defendants Joe Samuel Bailey and Renew Spinal Care, Inc. (FAC ¶ 15; FAC Ex. 1 at Recitals, ¶ A.) On July 24, 2019, the lender-investors entered into a written Settlement Agreement and Mutual Release (“Settlement Agreement”) with defendants to resolve the outstanding debts. (FAC ¶ 17.) Under...

Excerpt: ...re successors-in-interest to the lessors under a Lease Agreement, dated May 26, 1999, which provided for the lease of real property located at 100 South Western Avenue in Los Angeles. (Lewis Decl. ¶¶ 2-4 & Ex. A.) On September 20, 2013, plaintiffs consented to the assignment of lease of the subject property to Hyundae Car Wash, Inc. (“Hyundae”) (Lewis Decl. ¶ 5 & Ex. B.) The assignment was subject to the execution of a Personal Guaranty by...

Excerpt: ... Credit Union (2020) 50 Cal.App.5th 1048, 1075.) Respondents' evidentiary objections are OVERRULED. Petitioner seeks leave to file a First Amended Petition based on an amendment to the Policy and Procedure for Charter Schools adopted by the Los Angeles Unified School District Board of Education on July 5, 2023. (Rosenberg Decl. ¶ 2.) The Court finds that some form of amendment is necessary and proper, as the current Petition addresses a policy t...