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: ...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: ...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: ... 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...

Excerpt: ...pal Code § 91.8104.2. (TAP at 18 of 132.) [1] On September 25, 2019, petitioner applied for Resource Family Approval (“RFA”) status so she can care for her grandchild. (TAP at 18, 22.) For petitioner to obtain RFA status, petitioner must obtain a criminal record exemption. (TAP at 3, 12.) The Los Angeles County Department of Children and Family Services (“County”) received a request for criminal record exemption on October 3, 2019. (TAP ...

Excerpt: ... 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 community.' [Citations.]” (California Building Industry Assn. v. City of San Jose (2015) 61 Cal.4th 435, 444; see also § 65580 [legislative findings concerning housing element law].) “A municipality must review its housing element for t...

Excerpt: ...on to Compel Further Responses from Respondent City of Los Angeles to Special Interrogatories, Set One is GRANTED IN PART. Petitioner Tiffany Abraham's Motion to Compel Further Responses from Respondent Los Angeles World Airports to Special Interrogatories, Set One is GRANTED IN PART. Petitioner Tiffany Abraham's Motion to Compel Attendance of Respondent City of Los Angeles' Person(s) Most Knowledgeable at Deposition and Production of Documents i...

Excerpt: ...Frahm is a resident of Los Angeles. (Frahm Decl. ¶ 1.) James Frahm, petitioner's brother, died in 2021. (Id. ¶ 5.) Decedent was a resident of Tennessee. (Ibid.) In a valid will, petitioner was named as the estate's personal representative. (Ibid.) Petitioner was left with a 2010 Toyota Corolla. (Ibid.) The car remains in decedent's name. (Id. ¶ 8 & Ex. 7.) As part of an informal proceeding for estates that do not include real property, petitio...

Excerpt: ..., 2019. I. Factual Allegations This proceeding concerns real property located at 2650 North Laurel Canyon Boulevard and 2652 North Laurel Canyon Boulevard in Los Angeles. The property is comprised of three lots – Lots 295, 296, and 297 – and certain unnumbered lots designated herein with the last two digits of the assessor's parcel numbers (“APN”) – 32, 33, and 37. (Pet. ¶ 15.) Two single-family residences are located on the lots. Lots...

Excerpt: ... Parties is DENIED. On April 11, 2023, the Court (Hon. Mary H. Strobel) indicated its inclination to continue the hearings on the motions listed above for supplemental briefing. The Court found that based on the evidence presented, it could not determine whether City of Los Angeles (“City”) fulfilled its obligations under the June 1 Settlement (“Settlement”). (4/11/23 Minute Order at 8-10.) As stated in the 4/11/23 Minute Order, “The Se...

Excerpt: ... 1, 2.) On February 20, 2022, the Court (Hon. Mary H. Strobel) granted the petition for writ of mandate. The Court ordered supplemental briefing with respect to the appropriate remedy and set a hearing for April 11, 2023. On April 11, 2023, the Court ruled that it would issue a writ directing respondent Los Angeles Department of Building and Safety (“LADBS”) to require real party in interest HS Westside Properties, LLC to conduct further geol...

Excerpt: ...f petitioner Queen O H Anieze-Smith's real estate broker license. According to the petitioner, on July 7, 2010, petitioner was issued License No. 01703070 to practice as a real estate broker. (Pet. ¶ 1.) On August 23, 2021, respondent filed an Accusation against petitioner. (Pet. ¶ 5.) Respondent sought to discipline petitioner for sustaining a felony conviction that was substantially related to the qualifications, functions, or duties of a rea...

Excerpt: ... the matters set forth in Requests for Admission, Set One admitted against petitioner. On April 7, 2023, VOI served the first sets of Form Interrogatories and Requests for Admission on petitioner by email. (Wolff Motion Decls. ¶¶ 7 & Exs. G.) Petitioner had until May 10, 2023 to respond to the discovery. (CCP §§ 2030.260(a), 2033.250(a) [responses due 30 days after service]; 12a(a) [deadline falling on Sunday moved to next court day – May 7...

Excerpt: ...ies of public records described as follows: (1) “Council Member Torres has submitted over 160 separate requests which have been processed via this communication method”; (2) “The Mayor, the City Manager and City Attorney have been requested to bring forth a resolution expressing the City Council's dissatisfaction with the behavior of Council Member David Torres”; (3) “The Investigative Report submitted by Ms. Doumanian”; and (4) “Pu...

Excerpt: ...f the principal sum of $346,785.84, plus interest of $4,092.17, as of February 28, 2023. Under a separate Promissory Note and Business Loan Agreement executed on November 8, 2019, borrower owes plaintiff the principal sum of $117,857.89, plus interest of $183.06, as of February 28, 2023. Both loans are guaranteed by defendant Zhang. Both loans are secured by borrower's inventory, equipment, and accounts receivable. In addition, under a Commercial...

Excerpt: ...ner's Resource Family Approval (“RFA”) funding in support of her nephew and foster child. The basis of the rescission was that petitioner failed to disclose a romantic relationship with someone with a criminal record. On November 23, 2021, the Court (Hon. Mary H. Strobel) granted a stay of the administrative decision that terminated the RFA funding. On September 20, 2022, Judge Strobel granted the petition for writ of mandate in part. II. Ana...

Excerpt: ...ies LP and Magnum LP entered into a written Lease with defendant 8155 Heights, LLC (“8155 Heights”) for the premises located at 8151-8155 Melrose Avenue in Los Angeles for an initial ten-year term. On November 1, 2018, 8155 Heights started occupying the subject premises. Prior to signing the Lease, members of 8155 Heights purportedly represented that 8155 Heights had the financial ability to remain current on rent and that it would spend more...

Excerpt: ...ce Commission to set aside its decision reinstating the employment of real party in interest Tony Guerrero and imposing a 15-day suspension instead of a discharge. . I. Factual Background In January 1997, Tony Guerrero was hired as a Deputy Sherriff by the Los Angeles County Sheriff's Department (“Department”). (AR 1051-52.) In August 2014, Guerrero was working as a field training officer at the Century Station. (AR 860.) At the time of the s...

Excerpt: ...etention Services Officer for real party in interest County of Los Angeles Probation Department (“Department”). (Pet. ¶ 8.) On September 22, 2017, the Department and real party in interest County of Los Angeles (“County”) notified petitioner that he was being discharged from his position as of September 25, 2017. (Pet. ¶ 6.) Petitioner appealed the termination to respondent Civil Service Commission of the County of Los Angeles (“Commi...

Excerpt: ...h 16, 2023, the Court entered judgement in Defendant's favor following Defendant's Motion for Summary Judgement. On March 30, 2023, Defendant filed its Memorandum of Costs. On March 14, 2023, Plaintiff filed the instant Motion to Tax Costs, and Defendant opposes. No reply has been filed. The Court considered the moving and opposition papers and rules as follows. LEGAL STANDARD: Generally, the “prevailing party” is entitled as a matter of righ...

Excerpt: ...endant Washington Square Management, LLC's (“WSM”) predecessors-in-interest concerning real properties located on Washington Boulevard and East 18 th Street in Los Angeles. The policy also insured a parking easement described as “Parcel 5” in the policy. WSM took title to the property by grant deed recorded on September 27, 2018. WSM tendered a claim to FNTIC regarding the parking easement burdening a property owned by 1232 E. Washington ...

Excerpt: ...ed a First Amended Complaint (“FAC”) against twenty Defendants who allegedly manufactured and/or supplied the chemical products that Plaintiff was exposed to. The FAC asserts causes of action for (1) general negligence, (2) strict liability – failure to warn, (3) strict liability – design defect, (4) fraudulent concealment, (5) breach of implied warranties, and (6) loss of consortium. On January 6, 2023, Defendant Pfaltz & Bauer Inc. file...

Excerpt: ...ed in the alleged improper dissemination of Plaintiff's private videos. Plaintiff had been the subject of an administrative investigation at CHP with respect to officers obtaining unauthorized overtime and her cellphone had been the target of a search warrant. Plaintiff had private videos on her cellphone involving her having sex with another person. Plaintiff alleges Defendants Ruiz and Lentz, who were involved in the administrative investigatio...

Excerpt: ... its employees, as well as independent sales officers (“ISOs”), to solicit merchants. On March 1, 2017, NMA entered into the Merchant Marketing and Processing Agreement with defendant Commercial Bank of California (“CB Cal”) for CB Cal to authorize and process the electronic transactions that the merchants submit. Prior to execution of the agreement, CB Cal represented that it could adequately onboard and settle NMA's portfolio of high-ri...

Excerpt: ...st Amended Complaint alleging the following causes of action: (1) negligence, (2) nuisance, (3) breach of warranty of habitability, (4) constructive eviction, (5) violation of California Civil Code § 1942.4, (6) violation of Los Angeles Municipal Code § 45.33, (7) violation of the County of Los Angeles COVID-19 Tenant Protections Resolution, and (8) unfair business practices in violation of California Business & Professions Code § 17200. Defen...

Excerpt: ...he midst of an ongoing dissolution action regarding their marriage, case no. 18PDFL02285, that is currently pending before the Honorable Harvey Silberman in Department L of the Pasadena Courthouse. II. Allegations in the Complaint Plaintiff is a horse breeder. (Complaint ¶ 13.) Sometime after April 8, 2015, Plaintiff purchased 759 frozen horse semen straws, which had a replacement value of at least $500 per straw for a total of at least $500,000...

Excerpt: ... a written contract. The contract was assigned to plaintiff Alliant Credit Union. Plaintiff holds a lien against the subject vehicle. Defendant failed to make the payment due on April 14, 2022 and any of the payments due thereafter. A balance of $20,540.95 remains on the contract. II. Applicable Law “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this chapter for a writ of possession by filing a ...

Excerpt: ...ainant Kamerron Easton's Motion to Deem the Truth of Matters Specified in Request for Admissions, Set Two against Plaintiff/Cross-Defendant Family Choice Private Duty Agency, Inc. is GuNTED. Defendant/Cross-Complainant Kamerron Easton's Motion to Deem the Truth of Matters Specified in Request for Admissions, Set Two against Cross-Defendant Shellydale Princess Gray is GRANTED 1. MOTION FOR ORDER PERMITTING PRETRIAL DISCOVERY REGARDING PROFIT AND F...

Excerpt: ... with Case #02629485. Plaintiffs also move to compel production of the documents requested in the deposition notice. "If, after service of a deposition notice, a party to the action or an omcer, director, managing agent, or employee of a party, or a person designated by an organization that is a paror under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed mth it, or t...