Excerpt: ...se the application. This is Plaintiff's second attempt at securing an order authorizing an attachment. The application is denied. RELEVANT PROCEDURAL HISTORY On April 3, 2023, Plaintiff filed a complaint against Defendants for breach of contract and related claims. On September 6, 2023, Defendants answered the complaint. The answer states multiple affirmative defenses, including unclean hands. SUMMARY OF APPLICABLE LAW “Upon the filing of the c...

Excerpt: ... defendant fails to file a notice of opposition within the time prescribed, the defendant shall not be permitted to oppose the issuance of the order.” The application is GRANTED. FACTUAL BACKGROUND Defendant executed a guaranty agreement in connection with a business credit card issued by Plaintiff to Defendant Engage BDR, Inc. Defendant is/was the Chief Operating Officer of the business. Through the agreement, Defendant (along with Defendant T...

Excerpt: ... position as Electric Station Operator with Real Party in Interest, the City of Los Angeles. The City's request for judicial notice (RJN) of Exhibit 1 is granted. [2] The City's objection to Petitioner's declaration is overruled in part. The City acknowledges the “information specified in paragraph 3 (the date on which Bobbio was reinstated), [occurred] after the administrative process.” (Objection 1.) Because paragraph 3 is relevant to the l...

Excerpt: ...a Marie Howland Living Trust dated July 10, 2007, and Rajdeep Singh Chhina as Trustee under the Rajdeept Singh Chhina and Tina Marie Howland Living Trust dated July 10, 2007. Defendant Tina Howland in her individual capacity and in her capacity as trustee opposes the application. (The court entered a default against Defendant Rajdeep Singh Chinna as trustee on February 13, 2024.) The application is denied. APPLICABLE LAW The Court shall issue a r...

Excerpt: ...anted. Petitioner's objections are overruled. The court notes Petitioner submitted Exhibit B and part of Exhibit C with her August 17, 2023 ex parte application thereby admitting authenticity of those records. (Evid. Code, § 1414.) Exhibit A also appears to be an official state record issued by the Florida Department of Agriculture and Consumer Services and therefore subject to judicial notice. (Evid. Code, § 452, subd. (c).) While the court ju...

Excerpt: ...l Party in Interest, California Department of Veterans Affairs (the Department).[1] The Department opposes the petition. The petition is DENIED. BACKGROUND Petitioner has worked as a CNA at the Department's Chula Vista Veterans Home since February 7, 2015. (AR 2.) Petitioner “has no prior formal discipline. Overall, [Petitioner] was considered a good and dependable CNA by her peers and supervisors.” (AR 321 [Administrative Decision].) “In h...

Excerpt: ...pposes the motion. Respondent's request for judicial notice of Exhibits 1, 2 and 3 through 27 is granted. [1] Respondent's supplemental request for judicial notice is denied. It appears the supplemental request is duplicative of Respondent's initial request for judicial notice. [2] That Respondent has used the same identifying numbers for both requests for judicial notice further complicates matters. Respondent's request for judicial notice of Ex...

Excerpt: ...llectively, Defendants) in the amount of $296,503.37. The applications are unopposed as Defendants have not filed any opposition. The applications are denied. RELEVANT PROCEDURAL HISTORY On December 9, 2022, Plaintiff filed a complaint against Golden Management, Pama Inc., and Nijjar, as well as several other defendants, for common counts. On February 15, 2023, Plaintiff filed proofs of service of the summons and complaint on Defendants. On Febru...

Excerpt: ...2023, Plaintiff filed this application for a writ of attachment. On February 2, 2024, Defendant filed and served an opposition. On February 5, 2024, Plaintiff filed and served a declaration of attorney John Medlen in reply to the opposition. Plaintiff has not filed a memorandum of points and authorities in reply to the opposition. APPLICABLE LAW “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to thi...

Excerpt: ..., Inc. (Queen Adah) move for a preliminary injunction enjoining Defendants, Will Yancy and Lavon White, from engaging in or performing, directly or indirectly, any of the following acts: 1. Any further steps toward holding the defendants out to the public as a CEO or member of plaintiff corporations, including, but not limited to accessing corporate banking accounts, real property of plaintiffs, accessing plaintiff social media accounts, adding d...

Excerpt: ... August 24, 2023, Plaintiff filed the first amended complaint for claim and delivery and other causes of action. On November 21, 2023, Plaintiff filed the applications for writs of possession. On December 14, 2023, Plaintiff filed proofs of service of the summons, complaint, applications for writs of possession, and notices of hearing on Defendants. The proofs of service show personal service of these papers on Defendants on November 27, 2023. On...

Excerpt: ...l administrative decision revoking Petitioners' deemed-approved status to sell alcohol for off site consumption at Eddie's. Petitioners' Request for Judicial Notice (RJN) of Exhibits A and B is granted. BACKGROUND Eddie's Liquor and Jr. Market Eddie's is a mini-market located in the unincorporated West Athens-Westmont area of the County, on the corner of South Western Avenue and West 108 th Street. (AR 67.) Eddie's street address is 10803 and 108...

Excerpt: ...Petitioner also moves for monetary sanctions against City and its attorneys, Richard, Watson & Gershon and Ginetta L. Giovinco in the combined amount of $13,005. The discovery motions are granted as specified herein. Sanctions against the City are granted in the amount of $4,400. BACKGROUND AND RELEVANT PROCEDURAL HISTORY On June 27, 2023, Petitioner filed its original petition for writ of mandate and complaint. The petition alleged the City refu...

Excerpt: ...nia Public Records Act (CPRA), Government Code[1] section 7921.000, et seq. The City opposes Petitioner's request. Respondent's Request for Judicial Notice (RJN) of Exhibit A is granted. The petition is granted. Evidentiary Objections The City's evidentiary objections to the evidence in the Opening Brief (1 through 12) are sustained. (Additionally, the court notes Petitioner has not provided the court with copies of the materials cited.) The City...

Excerpt: ...eal Parties' Request for Judicial Notice (RJN) of Exhibits A through J is granted. Petitioners' RJN of Exhibits A through Q is granted. As to each RJN, the court judicially notices the existence of the records, but not the truth of any hearsay or factual statements made therein, or the truth of any interpretation of the documents submitted. (See Joslin v. H.A.S. Ins. Brokerage (1986) 184 Cal.App.3d 369, 374. [“The hearing on demurrer may not be...

Excerpt: ...days and demote him from Detective to Police Officer II with the Los Angeles Police Department (Department). Respondents oppose the petition. The petition is granted and the matter is remanded to Respondents. BACKGROUND At the time of the administrative hearing, Petitioner had worked for the Department for approximately 16 years. (AR 951.) By that time, Petitioner had attained “dual status” as a sergeant and detective. His dual status allowed...

Excerpt: ...mplaint for Declaratory Relief (SAP). Petitioner, Wilshire Gayley, LLC, opposes the demurrer. MTA also moves to strike the SAP's prayer at paragraph 4 requesting an injunction. The City joins MTA's request. Petitioner opposes the motion to strike. MTA's request for judicial notice is granted. The demurrer is sustained as to the second cause of action only. The motion to strike is granted as to all that follows “(a).” ANALYSIS DEMURRER The SAP...

Excerpt: ...by Board on May 16, 2022. The CAO applies to real property located at 6341 Arizona Circle in Los Angeles, CA (the Site). The Board opposes the petition. Petitioner's request for judicial notice (RJN) of Exhibits A and B (amendments to Water Code section 13304)[1] is GRANTED. Petitioner's RJN of Exhibits C, D, E, F, G (correspondence, articles of organization, and a statement of information) is DENIED. The Board's objections are sustained. The pet...

Excerpt: ...an Armada, motor vehicle, Vehicle Identification Number JN8AY2AC7N9160854 (Vehicle). The applications are denied. RELEVANT PROCEDURAL HISTORY On May 15, 2023, Plaintiff filed a complaint against Defendants for claim and delivery, conversion, quiet title, and declaratory relief. On June 22, 2023, Plaintiff its applications for writs of possession. On June 30, 2023, DMV filed a stipulation, acceptance of service, and order regarding waiver of appea...

Excerpt: ...man, in the amount of $643,251.50. Plaintiff, SMP moves for a writ of attachment against Defendant, Marcos Soliman, in the amount of $1,123,523. The applications are granted. RELEVANT PROCEDURAL HISTORY On April 27, 2023, Plaintiffs filed a complaint for breach of contract and other claims. On August 7, 2023, Plaintiffs filed their joint application for a writ of attachment against Defendant Santa Maria Pharmacy, Inc. On August 23, 2023, Plaintif...

Excerpt: ...ot file a reply. The application is denied without prejudice. Allegations in the Complaint The parties acknowledge their landlord/tenant relationship. Plaintiff's predecessor entered into a lease agreement and amendments with Defendant for real property located at 404 and 410 W. Pico Boulevard. (Compl. ¶¶ 8, 10-11; Exh. A.) The parties' agreement specifies the amount of monthly rent payable. Plaintiff alleges Defendant failed to pay the total a...

Excerpt: ...and in ballot materials for the March 5, 2024 primary election for the office of Councilmember, City of Los Angeles, Second Council District. Gonez opposes the petition. City Clerk's request for judicial notice (RJN) of Exhibit 1 is granted. Gonez's RJN of Exhibits A through C is granted. Petitioner's RJN of the Internal Revenue Service form 990 for 2021 filed by TreePeople (Form 990) is granted. The petition is denied. BACKGROUND Gonez is a cand...

Excerpt: ...anta Clarita, CA 91335 (Property) while this action is pending. Defendants' request for judicial notice (RJN) of Exhibits C, 1 through 19, and 22 are granted. Defendants' evidentiary objections: The following objections are sustained – 1, 2, 3, 4, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16 and 17. The following objection is overruled – 18. The following objections are sustained in part – 5 (at ¶ 90 as to “Julio Garcia . . . plaintiff” and “...

Excerpt: ...rt with sufficient information to enable it to take judicial notice of the contents of the website shown on Exhibit 1. (Evid. Code, § 453, subd. (g).) The contents of the LoopNet website (an apparent sale listing) are not facts that are common knowledge or not reasonably subject to dispute. (Evid. Code, § 452, subds. (g), (h).) Further, Exhibit 1 is irrelevant to Plaintiff's noticed applications for writs of attachment. RELEVANT PROCEDURAL HIST...

Excerpt: ...blic records as requested by Los Angeles Times journalist, Paul Pringle, in three CPRA requests. The City opposes the petition. BACKGROUND The records requests at issue related to an incident on May 18, 2021, when Fred Mathis, then the chief deputy of administrative operations for the Los Angeles Fire Department (LAFD), was allegedly under the influence of alcohol while on duty at a LAFD facility. On that date, LAFD battled a major wildfire in th...

Excerpt: ... Respondent, Los Angeles County Metropolitan Transit Authority, opposes the petition. Except as to the first sentence of paragraph 16, Respondent's evidentiary objections to the Declaration of Edgar Martirosyan are all sustained. Respondent's objections based on hearsay, foundation and authentication are well taken. BACKGROUND AND PROCEDURAL HISTORY In mid-November 2022, Petitioner retained the law firm of Martirosyan, P.C. to represent her with ...

Excerpt: ...aint against Defendant for claim and delivery and money due on a contract. On August 30, 2023, Plaintiff filed this application for writ of possession. On October 2, 2023, Plaintiff filed a proof of service of the complaint, summons, application for writ of possession, notice of hearing, and other papers on Defendant, by personal service, on September 11, 2023. The proof of service, which is signed by a process server under penalty of perjury, st...

Excerpt: ...tiff filed a verified complaint for breach of contract against Defendants Acuitas Group Holdings, LLC and Terren Peizer. On October 30, 2023, Plaintiff filed an ex parte application for a writ of attachment or, in the alternative, a temporary protective order against Defendant Peizer. On October 31, 2023, Plaintiff filed a proof of service of summons as to Defendant Peizer and also an Affidavit of Service for Plaintiff's ex parte application. The...

Excerpt: ...not yet requested Respondent, the Department of Motor Vehicles (DMV), to prepare the administrative record, the court continued the trial setting conference. On April 26, 2023, at the continued trial setting conference, the DMV represented Petitioner had not requested the administrative record, and it had not yet been prepared. Nonetheless, the court set trial for today's date. The court ordered Petitioner to file her opening brief at least 60 ca...

Excerpt: ...ted to appeal the decision of Real Party in Interest, the County of Los Angeles (through its Director of Personnel) that Petitioner did not meet the eligibility requirements for the civil service examination for the position of Supervising Program Analyst, Probation. (Pet. Prayer ¶ 1.) The County opposes the petition. The petition is granted. BACKGROUND In December 2016, the County's probation department hired Petitioner as a Research Analyst II...

Excerpt: ...es, John Doe # 1, and John Doe # 2 (collectively, Petitioners). Petitioners' unopposed Request for Judicial Notice (RJN) of Exhibits A and B is granted. SUMMARY OF PETITION ALLEGATIONS The five individual Petitioners are parolees subject to the jurisdiction of the CDCR. Petitioner, Alliance for Constitutional Sex Offense Laws, Inc., is a non-profit organization. (Pet. ¶¶ 9-17.) Petitioners contend “CDCR's regulations, policies, and practices ...

Excerpt: ...obation department (Department) for Respondent, the County of Los Angeles. The County opposes the petition. BACKGROUND At the time of the incident leading to Petitioner's discharge, Petitioner “was employed by the Department as a Senior Detention Services Officer (SDSO) at the Nidorf (Sylmar) Juvenile Facility.” (AR 450.)[1] Starting around 2012, Petitioner was assigned to Unit W, which housed high-risk offender minors at the facility. (AR 54...

Excerpt: ...iled a complaint for breach of contract and other claims. On August 7, 2023, Plaintiff filed this application for a writ of attachment and notice of hearing. On September 28, 2023, the court entered Plaintiff's request for default against Defendant Santa Maria Pharmacy, Inc. Defendant did not file an opposition to the application. Plaintiff notes Code of Civil Procedure section 484.060, subdivision (a) provides a defendant who does not file a tim...

Excerpt: ...t aside the City's certification of the final subsequent environmental impact report (SEIR) for the AltAir Renewable Fuels Conversion Project (Project). Additionally, Petitioners request an order requiring the City to set aside all of its land use approvals for the Project, including the amendment to Conditional Use Permit No. 757 and Zone Variance No. 409. The City and Real Party in Interest, AltAir Paramount, LLC (AltAir) jointly oppose the pet...

Excerpt: ...sed the administrative record. As Petitioner had not yet requested Respondent, the California Unemployment Insurance Appeals Board (CUIAB), to prepare the administrative record, the court continued the trial setting conference. On April 14, 2023, at the continued trial setting conference, the CUIAB represented Petitioner had requested the administrative record, and it had been mailed to Petitioner. The court then set trial for today's date. The c...

Excerpt: ...led a complaint against Defendant for claim and delivery. On July 10, 2023, Plaintiff filed this application for writ of possession. On August 24, 2023, Plaintiff filed a first amended complaint. Plaintiff has not filed proof of service of the summons, complaint, application for writ of possession, or notice of hearing on Defendant. Defendant has not filed any opposition to the application for writ of possession. SUMMARY OF APPLICABLE LAW “Upon...

Excerpt: ...2 reducing the discharge of Real Party In Interest Stacey Belcher-Holwager to a thirty (30) day suspension and directing it to sustain the decision of [the Department] to discharge Real Party In Interest Stacey Belcher-Holwager.” (Pet. Prayer ¶ 1.) Real Party in Interest, Stacey Belcher-Holwager, opposes the petition. The petition is denied. BACKGROUND AND PROCEDURAL HISTORY The Department Discharges Real Party for Off-Duty Misconduct The Depa...

Excerpt: ...rgeant with Real Party, the California Department of Corrections and Rehabilitation. The verified petition has attached to it a single-paged memorandum of points and authorities.[1] The memorandum addresses the timeliness of the petition as well as Petitioner's right to judicial review of the administrative decision. Petitioner does not, however, discuss any of the facts related to the petition or Petitioner's underlying discipline. Petitioner al...

Excerpt: ...iary objections. Given Plaintiff's showing on the application, the court need not reach those issues. APPLICABLE LAW The court shall issue a right to attach order if the court finds all of the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for a purpos...

Excerpt: ...cle, Vehicle Identification Number JN8AY2AC7N9160854 (Vehicle). RELEVANT PROCEDURAL HISTORY On May 15, 2023, Plaintiff filed a complaint against Defendants for claim and delivery, conversion, quiet title, and declaratory relief. On June 22, 2023, Plaintiff its applications for writs of possession. On June 30, 2023, DMV filed a stipulation, acceptance of service, and order regarding waiver of appearance by and of monetary recovery against DMV. On ...

Excerpt: ...nted. Petitioner's RJN of Exhibits A through F is granted. THE RECEIVERSHIP The Skid Row Housing Trust was created to manage 29 properties in the Los Angeles area that house 1,500 vulnerable tenants whose rents are subsidized. (Pet., ¶ 13.) Due to a series of financial missteps, however, the Skid Row Housing Trust lost the financial ability to maintain the properties. (Pet., ¶ 14.) As a result, the properties fell into unhealthy and dangerous c...

Excerpt: ...hing, uploading, sending, mailing, and/or posting online and providing to any person, persons, entities, or the public at large, the recordings already taken between Plaintiffs and Defendant, any transcript of the same, and/or any information derived from such recordings; and (3) deleting the recordings already taken between Plaintiffs and Defendant that are located on 's Drop Box account. On August 18, 2021, the court denied Plaintiffs' third re...

Excerpt: ...'s objection is overruled. “In ruling on a demurrer, a court may consider facts of which it has taken judicial notice. [Citation.] This includes the existence of a document. When judicial notice is taken of a document, however, the truthfulness and proper interpretation of the document are disputable.” [Citation.] (Fremont Indemnity Co. v. Fremon General Corp. (2007) 148 Cal.App.4th 97, 113 [quoting StorMedia, Inc. v. Superior Court (1999) 20...

Excerpt: ...P04250 concerns Petitioner's claim for wrongful death of his wife. (See Pet., Blumenthal Decl., ¶ 2.) The petition filed in case number 21STCP04251 concern's Petitioner's claim for injuries he sustained. (See Pet., Blumenthal Decl., ¶ 2.) Respondent, the City of Compton, has opposed the petitions. Respondent, the City of Los Angeles, has opposed the petition in case number 21STCP04251 but not case number 21STCP04250. The court finds the City of...

Excerpt: ...). The Order directs Petitioner, as former owner/operator, and G.F.C. Garfield Associates (Garfield), as current owner, to provide detailed information regarding waste buried at 3325 Garfield Avenue in the City of Commerce (Site) during the decommissioning of Petitioner's facility in 2001, and to submit a work plan for a complete Site assessment. The Order advises Respondent is currently investigating potential sources of discharges of volatile o...

Excerpt: ...der requiring Defendant to “rescind the Notice of Default it recorded on title to Plaintiffs' residence . . . .” (Id. at 1:25.) Defendant opposes Plaintiffs' request. Plaintiffs' request for judicial notice (RJN) is granted. Defendant's evidentiary objections: Objections 2, 3, 4, 5, 11 and 13 are sustained. The balance of the objections are overruled. The motion is denied. FACTUAL BACKGROUND On June 2, 2006, Plaintiff Christopher M. Peterson,...

Excerpt: ...t Code section 12940 et seq. As the cause of action seeks damages, proceedings on the fourth cause of action are stayed pending resolution of Petitioner's writ-related causes of action. At the conclusion of the writ-related proceedings, the court will transfer the action to Department 1 for reassignment to an independent calendar courtroom. Respondent may renew its demurrer to the fourth cause of action upon reassignment.[2] The demurrer is overr...

Excerpt: ...tion is denied. Application to File Amicus Brief and Objection Thereto Bryce Madgelyn Meck, M.D.'s application for leave to file an amicus brief is denied. Respondent's objections are sustained. Even assuming the court has discretion to permit an amicus brief to be filed and considered in connection with a petition for administrative mandate, Dr. Meck offers an expert opinion—an opinion not considered by USC during the administrative proceeding...

Excerpt: ... property: a 2008 Mercedes-Benz CLS 550, motor vehicle, Vehicle Identification Number WDDDJ72X18A123299 (Vehicle). RELEVANT PROCEDURAL HISTORY On May 5, 2023, Plaintiff filed a complaint against Defendant for claim and delivery and money due on a contract. On May 18, 2023, Plaintiff filed its application for writ of possession. On June 2, 2023, Plaintiff filed a proof of service of the complaint, summons, application for a writ of possession, not...

Excerpt: ...nd delivery. On September 1, 2022, Plaintiff filed proof of service of the summons and complaint on Defendant by substitute service. On October 11, 2022, the court entered Defendant's default. On November 1, 2022, Plaintiff requested entry of court judgment re: possession against a defaulted defendant. The court did not enter judgment. On February 10, 2023, the court instructed Plaintiff to file an application for writ of possession in a writs an...

Excerpt: ...wner. Petitioners' request for judicial notice is denied. Petitioners filed their request on July 28, 2023 after Respondent filed her reply papers. The court did not authorize Petitioners to file a sur-reply. By submitting their request for judicial notice after they filed their opposition papers and after Respondent filed her reply papers, Petitioners have effectively prevented Respondent from addressing documents contained in the request for ju...

Excerpt: ...Through its first amended petition (FAP), Petitioner “seeks a writ of mandate or administrative mandate to remove Petitioner's named status as a discharger under a Cleanup and Abatement Order No. R4-2014-0117 . . ., issued on September 19, 2014.” (FAP ¶ 1.) Petitioner brought its petition pursuant to Water Code section 13330, subdivision (e) which provides: “Section 1094.5 of the Code of Civil Procedure shall govern proceedings for which p...

Excerpt: ...ction is still pending, it appears the parties were unable to reach resolution in mediation. Defendants, KRG Holding, LLC and Cabinets Outlet, LP, move for an order requiring Plaintiff, Wenzhou Qinghan Ceramsite Light Weight Building Materials Co., Ltd., to post a bond/undertaking pursuant to Code of Civil Procedure section 1030 (Section 1030). Plaintiff opposes the motion. The motion is granted. Defendants also demurrer to the first amended comp...

Excerpt: ...ppeared. Respondent, the People of the State of California, acting by and through its Department of Transportation (CalTrans), opposes the petition. As noted by Petitioner in his supplemental briefing, proper service of a petition for relief from the claim presentation requirement can be effectuated by first-class mail. (§ 946.6, subd. (d); Code Civ. Proc., § 1005.) Petitioner recognizes in his supplemental briefing both a copy of the petition ...

Excerpt: ...nied. BACKGROUND AND PROCEDURAL HISTORY As described by Petitioner, she sustained her injury during an accident that: “occurred at approximately 10:13 a.m. on June 14, 2022 at or near Venice Blvd. & S Grand Ave., Los Angeles, CA 90015. Petitioner was on a [MTA] bus, license 1610467, driven by Michael Chin. Petitioner exited the bus, then realized she forgot her bag. She shouted and hit the bus to get the bus driver's attention, so she could get...

Excerpt: ...pted to perform all DUI test[s] requested by the officer. I was unable to complete these tests due to the fact that I experienced a severe medical reaction to recently prescribed post traumatic stress disorder medication and a glass of alcohol, which caused me to pass out and hit a parked car. The injuries suffered in the accident and the medical reaction from the medication left me incoherent and semi-conscious until the next morning. . . . I am...

Excerpt: ...ioner filed a reply. (The reply is timely based on the notice provided to him by Respondent of the hearing.) [2] The court finds Petitioner timely presented his claim to Respondent. The court therefore need not address Petitioner's request he be relieved of the claims presentation requirement. APPLICABLE LAW Government Code section 911.2, in the Government Tort Claims Act, provides a “claim relating to a cause of action . . . for injury to pers...

Excerpt: ...ntends LADBS erred by denying Petitioner's application to terminate an off-street parking covenant. Respondent opposes the petition. Petitioner's unopposed request for judicial notice (RJN) of Exhibits 1 and 2 is granted. Respondent's unopposed RJN of Exhibits A through C is granted. The court takes judicial notice of the unpublished Court of Appeal decision in Berdan Holdings, LLC v. Absolute USA, Inc., Court of Appeal Case No. B313475 [Berdan v...

Excerpt: ...eiver. The motion is granted. Defendant's request that the court hear live testimony during this motion hearing is denied. Defendant has not presented any evidence she is unable to provide such evidence in the form of declarations. The court therefore finds Defendant has not provided good cause for the court to hear testimony on this matter. (Cal. Rules of Court, Rule 3.1306, subd. (a).) In addition, Defendant's request does not comply with the C...

Excerpt: ... amend as to the first cause of action. The court does not grant leave to amend the second cause of action, a derivative declaratory relief claim. STANDARD OF REVIEW A demurrer tests the sufficiency of a pleading, and the grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. (Code Civil Proc., § 430.30, subd. (a); Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “We assume the truth of the allegations...

Excerpt: ... and 1307 W. Paseo del Mar in the San Pedro community of the City of Los Angeles (Projects). Respondent and Real Parties in Interest, Krishna Murthy, Nirmala Murthy, Raman Poola, and Vani Poola, oppose the petition. Petitioner's unopposed Request for Judicial Notice (RJN) of Exhibits 1 and 2 is granted. BACKGROUND Real Parties Raman Poola and Vani Poola own a vacant blufftop lot at 1305 W. Paseo del Mar. (AR 48.) Real Parties Krishna Murthy and N...

Excerpt: ... Realty, Inc. (Nijjar; collectively, Defendants) in the amount of $296,503.37. Defendants timely oppose the applications. (Code Civ. Proc., § 484.060, subd. (a).) Defendants' evidentiary objections: Objections 1 through 4 are overruled; the balance are sustained. RELEVANT PROCEDURAL HISTORY On December 9, 2022, Plaintiff filed a complaint against Defendants Golden Management, Pama Inc., Pama, and Nijjar, as well as several individual defendants,...

Excerpt: ...d Defendant's default on June 1, 2023. The court finds notice is proper. (See Proof of Service filed April 24, 2023.) The application is granted. Allegations in the Complaint On January 3, 2023, Plaintiff brought this action against Defendant. The complaint alleges Defendant entered into a retail installment sales contract on July 13, 2021, in the amount of $35,652.19, secured by the Vehicle. (Complaint ¶ 8.) After obtaining possession of the Ve...

Excerpt: ...oner on his petition for writ of mandate. On January 19, 2023, Petitioner filed his memorandum of costs. On January 30, 2023, Respondent filed this motion. ANALYSIS "[T]he award of costs to a prevailing applicant in a mandamus proceeding normally lies within the discretion of the court under Code of Civil Procedure section 1095." (Tripp v. Swoap (1976) 17 Cal.3d 671, 680, overruled on other grounds by Frink v. Prod (1982) 31 Cal.3d 166, 180.)[1] ...

Excerpt: ...iff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the courtin which the action is brought." (Code Civ. Proc., 484.010.) The court shall issue a right to attach order if the court finds all of the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable valid...

Excerpt: ...a Public Records Act (CPRA), Government Code section 7920.000, et seq. Respondent expressly does not oppose the petition. The CPRA requestor, the Long Beach Post, has not filed an opposition or a motion to intervene. The Long Beach Post made its request for public records just over a year ago. BACKGROUND Petitioner, who is 74 years old, worked as a teacher for Respondent until July 2014, when he retired. (Maggio Decl., 2.) On or about May 31, 202...

Excerpt: ...pplicable law. Petitioner moves to augment the administrative record. Respondent opposes the motion. The motion is denied. BRIEF STATEMENT OF THE CASE The 2014 CAO names Petitioner and five others as dischargers under Water Code section 13304 (Section 13304). (AR 8730-8755.) The 2014 CAO concerns real property at the following addresses: 641, 705, 717 and 719 East Compton Boulevard (collectively, the Site). (AR 8730—8755.) The Site is comprised...

Excerpt: ...taking pursuant to Code of Civil Procedure section 1030 (Section 1030). Plaintiff opposes the motion. The motion is granted. Defendants also demurrerto the first amended complaint (FAC). Plaintiff opposes the demurrer. The demurrer is sustained as to the first cause of action brought under Corporations Code section 15903.04. As to the second cause of action for breach of contract (a non-writ claim), the demurrer is stayed pending assignment to an...

Excerpt: ...l physical and digital copies of records obtained from that drive." [1] Both Defendants filed an opposition. The application for writ of possession is DENIED. Both Defendants filed identical evidentiary objections to the City's evidence. The following objections are sustained: 1, 2 (as to "and firmly believe ... and their children" only), 3, 4, 5, 6, 7 (as to all except the first sentence), 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 (authentication...

Excerpt: ...74) 11 Cal.3d 506, 514-515]." (Remand Order 15.) The court further specified "[t]he matter is remanded on an interlocutory basis for reconsideration given the court's opinion." (Remand Order 15.) For reasons not entirely clear to the court given the limited scope of the coures Remand Order, the APC conducted further proceedings concerning the Project on February 8, 2023. (SAR 247.) Those proceedings included extensive public comment and further d...

Excerpt: ...Petitioners' educational records. Finally, Petitioners ask that Respondent be ordered to make appropriate changes to its policies to insure future compliance with applicable laws. Respondent opposes the petition. The petition is denied. STATEMENT OF THE CASE In May 2022, Petitioners were sophomores attending New West. Apparently as a prank, on May 20, 2022, Petitioner N.M. accessed Petitioner LJ.'s school email account and sent an inappropriate m...

Excerpt: ...al Escrow (Commission Proceeds) in Los Angeles. Defendants, EXP Commercial of California, Inc. (EXP) and Jason Tran, oppose the motion. The request for a preliminary injunction is DENIED. LEGAL STANDARD The standards governing a preliminary injunction are well known. "[A] court will deny a preliminary injunction unless there is a reasonable probability that the plaintiff will be successful on the merits, but the granting of a preliminary injuncti...

Excerpt: ...ate law. Proposed Intervenors, Community Power Collective (CPC) and Inner City Struggle (ICS) (jointly, Proposed Intervenors) move for an order granting them leave to intervene in this proceeding. They do so pursuant to Code of Civil Procedure section 387, subdivisions (d)(l) and (d)(2). Neither Petitioner nor Respondent oppose Proposed Intervenors' motion. In fact, Petitioner and Respondent previously agreed to allow intervention. The court reje...

Excerpt: ... of the administrative record is strictly controlled by statutory guidelines set forth in Code of Civil Procedure section 1094.5, subdivision (e). (Pomona Valley Hospital Medical Center v. Superior Court (Bressman) (1997) 55 Cal.App.4th 93, 101.) Governing augmentation, Code of Civil Procedure section 1094.5, subdivision (e) provides: "Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not h...

Excerpt: ... of $4,497.58. Petitioner, the County of Los Angeles, moves to tax "costs associated with the duplicative and unwarranted filing fees in the total amount of $3,915.00." (Motion The motion is denied. APPLICABLE LAW "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (Code Civ. Proc. S 1032, subd. (b).) "Allowable costs shall be reasonably necessary t...

Excerpt: ...arms, LLC, through their second amended verified petition for writ of mandate and complaint (petition) seek the following relief from Respondents, Wonderful Growers Cooperative (WGC), Wonderful Almond Cooperative (WAC), Cal Pure Produce Inc. (Cal Pure), The Wonderful Company LLC (TWC), Wonderful Pistachios & Almonds LLC (WP&A): "For a peremptory Writ of Mandate or other court order compelling WAC and Cal Pure to comply with Petitioners Maricopa O...

Excerpt: ...r filed a reply. (The reply is timely based on the notice provided to him by Respondent of the hearing.) The court finds Petitioner timely presented his claim to Respondent. The court therefore need not address Petitioner's request he be relieved of the claims presentation requirement. APPLICABLE LAW Government Cade section 911.2, in the Government Tort Claims Act, provides a "claim relating to a cause of action ... for injury to person ... shall...

Excerpt: ...terminate the Automatic Suspension of his medical and surgeon license. The petition also requests an order enjoining Respondent from "re-implementing the Automatic Suspension unless new and subsequent facts warrant such." (Pet. , Prayer 1-2.) Respondent opposes the petition. The petition is denied as moot. STATEMENT OF THE CASE[2 On May 21, 2021, Petitioner was convicted of conspiracy to commit honest services mail and wire fraud, in violation of...

Excerpt: ...ANDARD OF REVIEW Courts may, upon a motion, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., 5 436, subd. (a).) Courts may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (ld., subd. The grounds for mov-ng to strike must appear on the face of the pleading or by way of judicial notice. (ld., 5 437.) ANALYSIS...

Excerpt: ...Petitioners' opening brief for writ of mandate and complaint, certain paragraphs in the Declaration of Susan K. Thompson filed in support of Petitioners' opening brief for writ of mandate and the exhibits to the Declaration of Peter Hsiao in support of Petitioners opposition to Respondents' motion for summary judgment. Petitioners, Maricopa Orchards, LLC; Kamm Pistachios, LLC; Derrick Pistachios, LLC; Three Rocks Pistachios, LLC; 104 Pistachios, ...

Excerpt: ...t shall issue a right to attach order if the court finds all of the following: (1) The claim upon which the attachment is based is one upon which an attachment may be issued. (2) The plaintiff has established the probable validity of the claim upon which the attachment is based. (3) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. (4) The amount to be secured by the attachment is ...

Excerpt: ...t set aside Respondent's "decision of April 2021 in which it refused to overturn the Stewards' Decision per Business and Professions Code section 19517, thus making the refusal arbitrary and capricious under Code of Civil Procedure section 1085." (Opening Brief 2:9-11.) "This Court is also asked to enter and order the mandatory disqualification and forfeiture required under Rule 1859.5 without remand to CHRB." (Opening Brief 2:12-13.) At the cent...

Excerpt: ...t. The court granted Petitioner's request. The petition for relief from the claim presentation requirement is GRANTED. APPLICABLE LAW Government Code section 911.2, in the Government Tort Claims Act, provides a "claim relating to a cause of action ... for injury to person ... shall be presented ... not later than six months after the accrual of the cause of action." (Emphasis added.) The date of accrual for the purpose of presentation of a claim ...

Excerpt: ...al Quality Act (Pub. Resources Code, 5 21000 et seq.). Petitioners sought a court order requiring the completion of an environmental impact report (EIR) for the project. The City approved the project with a mitigated negative declaration (MND). Respondent, the City of Long Beach, and Real Parties Artesia Acquisition Company, InSite Property Group, Paul Brown and the Jeanne Eve McDonald Revocable Trust (collectively, Respondents), opposed the peti...

Excerpt: ...ely 12:50 a.m., San Bernardino County Sheriff's deputies were dispatched to the Jack-in-the-Box restaurant at 11767 Foothill Boulevard. The sheriffs department had received Ma report of a driver asleep in a white Range Rover in the [restaurant's] drive thru." (AR 19.) "Deputy G Jasso arrived at the scene at approximately 0057 hours and found a white Land Rover SUV (8JBT959) stopped at the entrance of the drive thru." (AR 19) Petitioner was asleep...

Excerpt: ...who wishes to work remotely. Respondent, Los Angeles unified School District, demurs to the second amended petition (SAP). Respondent also moves to strike allegations supporting a claim[l] for punitive damages and a prayer for attorney fees. Petitioner opposes the demurrer with a late filed opposition. The court nonetheless considers it. Petitioner has not opposed Respondent's motion to strike. The demurrer is overruled as to the first and third ...

Excerpt: ...r is overruled in part—as to the first and second causes of action to enforce corporate record inspection rights. [2] The court stays the remaining civil causes of action and does not hear the demurrer to the third, fourth, fifth, sixth, seventh and eighth causes of action. After the court addresses the first and second causes of action, this matter will be transferred to Department 1 for reassignment to an independent calendar court. Upon reas...

Excerpt: ... The motion is pending before this court for hearing today. In conjunction with the motion for summary judgment, Respondents filed a motion to seal certain exhibits they submitted to the court for consideration. Petitioners, Maricopa Orchards, LLC; Kamm Pistachios, LLC; Derrick Pistachios, LLC; Three Rocks Pistachios, LLC; 104 Pistachios, LLC; ACDF, LLC; Granville Farms, LLC; Sommerville Farms, LLC; Tuscan Farms, LLC; Waterford Farms, LLC; Cantua...

Excerpt: ...ice is proper. (See Minute Order of December 2, 2022.) The petition for relief from the claim presentation requirement is GRANTED. APPLICABLE LAW Section 911.2, in the Government Tort Claims Act, provides a “claim relating to a cause of action . . . for injury to person . . . shall be presented . . . not later than six months after the accrual of the cause of action.” (Emphasis added.) The date of accrual for the purpose of presentation of a ...

Excerpt: ...tion to Compel Discovery filed February 23, 2023 (the Discovery Order). They also seek other orders including an order directing Real Party in Interest, Clothilde V. Hewlett as Commissioner of the Department of Finance Protection and Innovation for the State of California (the Department), “to accept the surrender of the Investment Adviser Certificate” of Petitioner Atlas Capital Management, Inc. and dismiss the Department's action now pendin...

Excerpt: ...he real property development project proposed by Real Party In Interest, Williams Homes, Inc. Real Party now moves for judgment on the pleadings. The motion is granted without leave to amend. Real Party's request for judicial notice (RJN) of Exhibits A through D is granted. (Evid. Code, § 452, subd. (c), (d).) ALLEGATIONS IN THE PETITION Real Party is the developer of the Canyon View Estates (the Project). The Project is sited on 94.38 acres of ...

Excerpt: ...ent interest (pursuant to Civil Code section 3287, subdivision (a)) and estimated costs of $15,000 as to each Defendant. AFN and OTR oppose the applications and jointly filed an opposition. The applications are granted as prayed. Defendants' objections to the Declaration of Sandra Khalili: Objections 2 and 3 are overruled. Objection 1 is sustained in part (as to “and her October 17, 2022 email response to me”).[1] Defendants' objections to th...

Excerpt: ...on. "Ifthe defendant fails to file a notice of opposition within the time prescribed, the defendant shall not be permitted to oppose the issuance of the order." (Code Civ. Proc„ 5 484.090, subd. The court finds notice is proper.[l] (See Proof of Service filed January 11, 2023.) The application is granted. APPLICABLE LAW The Court shall issue a right to attach order if the Court finds all of the following: (1) The claim upon which the attachment...

Excerpt: ...is DENIED. The court makes no finding whether Petitioner timely presented his claim to the City. (See Rodriguez v. County of Los Angeles (1985) 171 cal.App.3d 171, 175.) APPLICABLE LAW Government Cade section 911.2, in the Government Tort Claims Act, provides a "claim relating to a cause of action ... for injury to person ... shall be presented ... not later than six months after the accrual of the cause of action." (Emphasis added.) The date of ...

Excerpt: ... elisor, to have Medallion Lot 29 transferred to" them. (Application 1:24-25.) Plaintiffs originally made their request as an exparte application on January 13, 2023. The court set the matter for a noticed hearing—on well more than statutory time—as requested by Defendants Saeed Farkhondehpour and others. Plaintiffs advised the court on February 27, 2023 (through a Reply Brien that they had not been served with any opposition. In addition, Pl...

Excerpt: ...n. The court granted the petition finding USC's administrative hearing process deprived Petitioner ofa fair hearing. Petitioner now seeks attornevs fees of $56,511.19 plus a 2.0 multiplier for a total attorney's fee award of $113,022.38. Petitioner seeks the award pursuant to Code of Civil Procedure section 1021.5 (Section 1021.5). USC opposes the motion. The motion is denied. APPLICABLE LAW Section 1021.5 authorizes an award of attornevs fees in...

Excerpt: ...date and complaint for declaratory and injunctive relief, Petitioner, Fix the City, lnc„ challenged the City's action and sought an order requiring the City to set aside its approvals of the project. On May 24, 2022, this court granted Petitioner relief in its Order Granting Petition for Writ of Mandate and ordered a judgment be prepared. The court has not yet entered judgment. On August 23, 2022, the court granted the CitVs motion for reconsid...

Excerpt: ...o requests an order awarding it the contract. Respondent demurrers to the petition. Petitioner opposes the demurrer. The demurrer is overruled. Petitioner's unopposed request for judicial notice (RJN) of Exhibit 1 is granted. (Evid. Code, 5 452, subd. (c).) ALLEGATIONS IN THE PLEADING: Petitioner alleges Respondent's Internal Services Division (ISD) solicited bids for a brand specific janitorial paper supplies contract (the Contract) through a re...

Excerpt: ...etition. The Petition is GRANTED. Petitioner's unopposed request for judicial notice (RJN) of Exhibits A and B is granted. APPLICABLE STATUTORY SCHEME Governing Law "In 1973, the Legislature enacted the IHSS program to enable aged, blind or disabled poor persons to avoid institutionalization by remaining in their homes with proper supportive services. [Citation.]" (Basden v. Wagner (2010) 181 cal.App.4th 929, 933; Marshall v. McMahon (1993) 17 ca...

Excerpt: ...ropriate. It is unclear how the court can determine Ms. Harwell is representing the County in this matter. The petition for relief from the claim presentation requirement is DENIED. APPLICABLE LAW Government Code section 911.2, in the Government Tort Claims Act, provides a "claim relating to a cause of action ... for injury to person ... shall be presented ... not later than six months after the accrual of the cause of action." (Emphasis added.) ...