Excerpt: ...tion is vested in the director, it would appear the discretion must be exercised and a decision made. The silence of UCLA and Respondent could suggest (assuming such discretion exists) UCLA and Respondent did not address the issue of an extension.] Petitioner, David Baron, seeks an order requiring Respondent, Regents of the University of California, to set aside its December 4, 2019 decision denying Petitioner's appeal. Through his appeal, Petiti...

Excerpt: ...rged by Petitioner. That is, what provision in the statute (or the SPA) addresses Respondent's federally funded hours inclusion policy and its documentation requirement policy.] Respondent, California Department of Health Care Services (the Department), demurs and moves to strike portions of the first amended petition for writ of mandate and declaratory relief filed by Petitioner, Los Angeles Unified School District. Petitioner opposes the demurr...

Excerpt: ...versity of California, Los Angeles (UCLA). Respondent opposes the Petition. The Petition is DENIED. STATEMENT OF THE CASE Underlying Facts Petitioner is an undergraduate student at UCLA, pursuing a biochemistry major. (AR 218.) He is a senior. (AR 207.) Petitioner “has Savant syndrome, a condition in which he excels in certain abilities, far greater than the average student, in things such as tremendous memory retention, rapid learning and calc...

Excerpt: ...ounty District Attorney's Office (DA's Office) and the County of Los Angeles (collectively, Respondent), violated the Los Angeles County Civil Service Rules (CSR), when Respondent transferred certain Deputy Public Defenders (DPDs) to Deputy District Attorney (DDA) III and DDA IV positions. Petitioner seeks to enjoin Respondent from: “A. Transferring, re-classifying, or appointing any Los Angeles County public defender, Los Angeles County altern...

Excerpt: ...ttlement agreement pursuant to Code of Civil Procedure section 3399. Petitioner sought an order that “the Court exercise its jurisdiction under Code of Civil Procedure §664.6 and order that the settlement agreement herein be set aside or rescinded as it does not conform absent further clarification to the mutual intent of the parties.” The court granted Respondent's motion and denied Petitioner's motion to reform the settlement agreement. Re...

Excerpt: ...Administer[1] (the County), to set aside the County's October 13, 2020 decision to deny Petitioner's claim for long-term disability benefits (LTD Claim). The County opposes the petition. The petition is denied. STATEMENT OF THE CASE Petitioner began working for the County's Sheriff's Department as a custody assistant on April 16, 2007. (AR 29, 111.) On April 17, 2014, Petitioner could no longer perform her duties with the Sheriff's Department and...

Excerpt: ...ourt finds the legal authority governing requests to augment the administrative record informs on the issue raised by this motion. “A petitioner may object that the record prepared by the agency contains an item that is not part of the record and it should be deleted; or that the record omits an item that is part of the record and it is important to the petitioner's case.” (Cal. Administrative Mandamus (Cont.Ed.Bar 3d ed. 2017) § 4.12 [citin...

Excerpt: ...ge for any record redacted or withheld from production”; and (3) produce the documents relating to its search for records as specified in the deposition notice. Petitioner also seeks sanctions of $1,961.70 as and for “out-of-pocket deposition costs and filing fees.” CDI opposes the motion. The motion is granted in part. CDI (through Patricia Hein) shall respond to deposition questions for which she provided no response as set forth below. T...

Excerpt: ...bruary 10, 2021, this court ordered Petitioner filed her Opening Brief no later than September 6, 2021. Instead, without leave of court, Petitioner filed her Opening Brief almost 12 hours after Respondent timely filed its Opposition Brief. Respondent filed its brief despite Petitioner having failed to file her Opening Brief “in an abundance of caution.” (Opposition 1:4) Petitioner did not file a Reply Brief. Petitioner's late filed brief is d...

Excerpt: ...itioner requests this court issue a writ of administrative mandate setting aside Respondent's decision. Respondent opposes the petition. The petition is denied. STATEMENT OF THE CASE On August 21, 1989, Respondent issued a physician's and surgeon's license to Petitioner. (AR 822.) On April 27, 2018, Respondent filed an accusation against Petitioner's medical license regarding his care and treatment of Patients A, B and C. (AR 1‐15.) Petitioner ...

Excerpt: ...de section 21000 et seq., are untimely. Real Party in Interest, Bridge Housing Corporation (Bridge), joins the motion. Petitioner opposes the motion. The motion is denied. The County's unopposed request for judicial notice of Exhibits 1 through 13 is granted. (Evid. Code § 452, subd. (b), (c), (d) and (h).) RELEVANT ALLEGATIONS IN THE PETITION On September 8, 2020, the City Council for the City of Los Angeles approved a street vacation applicati...

Excerpt: ...oner did not file a reply. The motion is DENIED. APPLICABLE LAW Code of Civil Procedure section 1008, subdivisions (a) and (b) allow a party to move for reconsideration of an order within 10 days after service on the party of written notice of the order. The statute requires, however, any motion for reconsideration be based “upon new or different facts, circumstances, or law.” (See Le Francois v. Goel (2005) 35 Cal.4th 1094, 1098; Advanced Bu...

Excerpt: ...tively, THC). In conjunction with the applications for attachment, Rakuten filed a motion to seal portions of the applications (Judicial Council forms), briefs and exhibits. The motion is unopposed The motion to seal is denied. Plaintiff shall advise whether the lodged records may be filed unsealed. (See Cal. Rules of Court [CRC], Rule 2.551, subd. (b)(6).) LEGAL STANDARD “A strong presumption exists in favor of public access to court records i...

Excerpt: ...after a hearing. Petitioner requests a court order setting aside Respondent's decision pursuant to Code of Civil Procedure sections 1094.5 and 1085. Real Parties in Interest, the County of Los Angeles and the Department (jointly, the County) oppose the request. The petition is denied. The County's request for judicial notice is granted. The court may take judicial notice of the Civil Service Rules. (Evid. Code § 452, subd. (h); Olson v. County o...

Excerpt: ...heriff's Department (Department) (jointly, the County) oppose the petition.[1] The petition is denied. STATEMENT OF THE CASE The Department employed Petitioner as a deputy sheriff. On April 19, 2013, Petitioner was indicted on one felony count and four misdemeanor counts of defrauding the Department of Housing and Urban Development. (AR 59‐76.) On June 13, 2013, the Department served Petitioner with a Letter of Imposition suspending her without...

Excerpt: ...SUSTAINED. Petitioners request the court take judicial notice of two cases decided by our Supreme Court. (Opposition 3:4‐4:8.) Petitioners' request is unnecessary. The court need not take judicial notice to consider cases decided by the Courts of Appeal and the Supreme Court. Respondents' evidentiary objection to various declarations submitted by Petitioners is sustained. The court has not considered the evidence for purpose of this demurrer. T...

Excerpt: ...request for judicial notice (RJN) is denied. The court finds the material is irrelevant to the demurrer. Respondents' RJN is granted. As a preliminary matter, California Rules of Court (CRC), Rule 3.113, subdivision (d) limits memoranda in support of a motion to 15 pages. Accordingly, the court has disregarded all argument made in Respondents' 7‐page “notice” of the demurrer. The court also notes Petitioner filed an untimely opposition. (Se...

Excerpt: ...tthew Overmyer. Defendants jointly oppose the motion. Plaintiff's request for a preliminary injunction is DENIED. The court finds Plaintiff's evidentiary showing is insufficient to obtain relief. The court notes Plaintiff's initial request for a temporary restraining order and an order to show cause re preliminary injunction requested four orders. Plaintiff sought to enjoin Defendants from:  Using Plaintiff's confidential, proprietary and trad...

Excerpt: ...er challenges both decisions here and requests the DMV be compelled to set aside both suspensions.[1] The DMV opposes the petition. The petition is denied. STATEMENT OF THE CASE Underlying Incident: On December 21, 2019, at 12:45 a.m., Deputy Treadway with the Los Angeles County Sheriff's Department was driving on the freeway when he noticed a car driving directly in front of him swerve into the lane to his left and then the lane to his right bef...

Excerpt: ...in Babaali over the following property:  Medical Inc: (1) a Trusculpt ID Workstation UP‐7641  Varicose Relief Inc: (1) a Trusculpt ID Workstation UP‐7641 and (2) an Immode Votiva Laser System  Hossein Babaali: (1) a Trusculpt ID Workstation UP‐7641 and (2) an Immode Votiva Laser System While all three Defendants have appeared in this action, none filed an opposition. The application for a writ of possession is granted as to Defenda...

Excerpt: ...��110 attached thereto.) Defendant EIJ, Inc. (dba as The Beverly Hills Watch Company) opposes the application. Plaintiff did not file a reply. Defendant EIJ, Inc.'s request for judicial notice is denied as irrelevant. As the BHPD is currently not named as a Defendant, Plaintiff cannot prevail on its motion/application. The statutes are clear. A plaintiff may obtain a writ of attachment only against a Defendant. The motion/application is denied. A...

Excerpt: ...iary Objections: Objections 1, 3 and 5 are sustained. The following objections are sustained in part: 2 (all except “The County contracts . . . goods and services”), 4 (as to the first sentence only) and 6 (as to “and did not perform . . . already doing so”). Petitioner's request for judicial notice is granted. ALLEGATIONS IN THE PETITION The petition alleges Petitioner discovered Respondent lobbied elected officials to regain access to a...

Excerpt: ...except that involving Education Code section 66281.8, subdivision (g)(1) [Section 66281.8], the court tentatively finds Petitioner is not entitled to relief as set forth below. In response to Respondent's assertion Section 66281.8 precludes the court from applying relevant case law to Petitioner's action, Petitioner's response is not entirely clear. Petitioner labels the statute “improper” and appears to suggest the Legislature did not disapp...

Excerpt: ...ed. Defendant's Evidentiary Objections: All objections to the Smith declaration are sustained to the extent the material objected to repeats information attached to the declaration as exhibits. The court partially sustains the objections on secondary evidence grounds only. The Wonner declaration: The court overrules objections 1 and 3. The remaining objections are sustained in part to the extent the material objected to repeats information receiv...

Excerpt: .... (Regency), demurs to the first cause of action in the 5AC. Petitioners, Citizens for Amending Proposition L, Vernon Price, and J. Keith Stephens, oppose both demurrers. The demurrers to the first and second causes of action are sustained without leave to amend.[1] RELEVANT ALLEGATIONS IN THE FIFTH AMENDED COMPLAINT On June 24, 1993, the City and Regency entered into a Development Agreement which allowed Regency to build and operate ten billboar...