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: ...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...