Excerpt: ...Petitioner also seeks an order awarding the balance of the Contract to Petitioner as the best value bidder for the project.[1] The County opposes the amended petition. The amended petition is denied. The County's unopposed request for judicial notice is granted. Petitioner's five evidentiary objections to the Worthge declaration are sustained. STATEMENT OF THE CASE Background: In 2012, Southern California Edison (SCE) changed its long‐standing ...

Excerpt: ...f.) The motion is denied. STANDARD OF REVIEW Augmentation of the administrative record is strictly controlled by the statutory guidelines set forth in Code of Civil Procedure section 1094.5, subdivision (e). (Pomona Valley Hospital Medical Center v. Superior Court (1997) 55 Cal.App.4th 93, 101.) The statute provides as follows: “Where the court finds that there is relevant evidence that, [1] in the exercise of reasonable diligence, could not ha...

Excerpt: ...de § 452, subd. (b), (h); Evid. Code § 451, subd. (a).) The City's reply RJN of Exhibits O through Q is granted. (Evid. Code § 452, subd. (b).) Petitioner's RJN of Exhibits A through K is granted. (Evid. Code § 452, subd. (b), (h).) PETITION ALLEGATIONS On August 27, 2007, the City granted final approval for a subdivision consisting of fifteen single family homes, known as Tract 62958, located at 10867 Topanga Canyon Boulevard in Chatsworth. ...

Excerpt: ...wned) the real property located at 301 S. Kenmore Ave in Los Angeles (the Property). Plaintiff entered into an agreement with Defendant to buy the Property. The parties' dispute arises from the sales transaction. Defendant opposes the application. The application for writ of attachment is denied based on Code of Civil Procedure section 1281.8. Evidentiary Objections Defendant's objections to Plaintiff's evidence: The following objections are over...

Excerpt: ...n numbers 2, 4, 6, 7, 8, 12, 13, 14, 15 and 17 are overruled. Objection numbers 5, 9 and 11 are sustained. The following objections are sustained in part: 1 as to “and likely sent in error,” 3 as to “receive this . . . these invoices,” 10 as to the first sentence and 16 as to all following “or to Shubha . . . .” APPLICABLE LAW The court shall issue a right to attach order if the court finds all of the following: 1. The claim upon whic...

Excerpt: ...e constitutions, abused its discretion by failing to proceed as required by law and failed to support its decision with competent evidence. (Pet., ¶ 23.) Petitioner also asserts the City violated the Government Code and its own housing element. (Pet., ¶ 24.) The City opposes the petition. The Petition is denied. The City's request for judicial notice (RJN) of Exhibits A through M is granted. (Evid. Code § 452, subd. (c).) STATEMENT OF THE CASE...

Excerpt: ...ng resolution of the petition on September 28, 2020. Respondent opposes the petition. The petition is denied. STATEMENT OF THE CASE[1] Underlying Incident: On November 10, 2019, at 7:15 a.m., Petitioner caused her car to collide another car stopped at a red traffic light. (AR 17.) The driver of the car Petitioner hit got out of his car to talk to Petitioner about the accident. (AR 17.) When the driver approached Petitioner, “he noticed that [Pe...

Excerpt: ... of Carson, and Successor Agency to the Carson Redevelopment Agency (Successor Agency) (collectively, Respondents) to produce documents under the CPRA. Respondents oppose the petition. The Petition is DENIED.[1] STATEMENT OF THE CASE At issue in this action are two CPRA requests. Respondents contend they have fully complied with their obligations under the CPRA. Background: In September 2018, Petitioner, the City and the CRA entered into a series...

Excerpt: ...cted the election pursuant to the Voter's Choice Act (VCA) set forth in Elections Code[1] sections 4005 and 4007. With nearly 100,000 votes cast, the City's voters passed Measure A with a 16‐vote margin. After the election, Petitioners, Long Beach Reform Coalition and Ian Patton, initiated a vote recount of the measure pursuant to section 15620. As parties seeking a vote recount, state law required them to deposit with the County funds necessar...

Excerpt: ... The demurrer is sustained in its entirety. Respondents' unopposed request for judicial notice (RJN) of Exhibits A through C is granted. Petitioner's unopposed RJN of Exhibits 1 through 12 is granted. ALLEGATIONS IN THE SAP On November 10, 2020, at an “afternoon study session,” the City Council adopted Resolution No. 20‐R‐13319 (the Resolution) approving a General Plan Land Use Map Amendment to allow mixed use development in certain comme...

Excerpt: ...found Petitioner refused to consent to chemical testing under the implied consent law. The DMV's suspension order became effective June 12, 2020 and remained in place until June 11, 2020. The petition is denied. STATEMENT OF THE CASE Underlying Incident: On January 10, 2020, Petitioner was stopped in the number four lane on Venice Boulevard at a red traffic light. (AR 17.) At the same time, Officer McCue—who was on a motorcycle—was in a left ...

Excerpt: ...se the motion. The request for a preliminary injunction is DENIED. Defendants' request for judicial notice (RJN) of Exhibits 1 through 11 is granted. (Evid. Code § 452, subd. (c) and (h).) 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 inju...

Excerpt: ...ds.] Evidentiary Objections: Wasatch's evidentiary objections are overruled except the following objections are sustained: Objection number 7, 12, 13, 14, 21, 24 in part (as to last two sentences), 37 in part (as to the second sentence), 38, 39, 44, 46 in part (as to the second sentence), 47 in part (as to the first sentence), 48, 49, 50, 51, 74 in part (as to “refuting . . . improperly hold”) and 75 in part (as to the second sentence). Kaise...

Excerpt: ...pposes the petition. The Petition is GRANTED. Petitioner's request for judicial notice (RJN) is granted. STATEMENT OF THE CASE On December 3, 2018, at approximately 1:38 a.m., Officers Relles and Valencia entered the eastbound US‐101 freeway directly behind a black BMW sedan. (AR 6‐8, 14, 51.) According to the testimony of Officer Relles and the arrest report, Petitioner, the car's driver, accelerated at a high rate of speed onto the freeway ...

Excerpt: ... the dogs to Defendants in 2019, and despite Plaintiff's request for return of the dogs, Defendants have retained possession of them. Defendants oppose the applications. The applications are denied. 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 written application for the writ with the court in which the action is brought.” (Cod...

Excerpt: ...0 days leave to amend. KAFLA also moves for a protective order. Petitioner opposes the motion. The motion for a protective order is granted. STATEMENT OF THE CASE KAFLA is a 501(c)(3) non‐profit organization incorporated and existing under the laws of the State of California. (Jeong Decl., ¶ 3., Ex. 2; An Decl., ¶ 3.) Pursuant to Chapter 2 – Section 2 of the KAFLA Bylaws, Petitioner claims, as a resident in the County of Los Angeles, he is ...

Excerpt: ...ned. The court finds it cannot compel Respondents to “hold a hearing to ratify the action of the City Council” to approve terms of a contract. (Prayer ¶ 1.) Petitioner has not identified a ministerial duty requiring Respondents to ratify the contract. To the extent Petitioner contends the contract is invalid, this court cannot compel Respondents to cure any defects with the contract. The City's request for judicial notice (RJN) is granted. (...

Excerpt: ...evice Pilot Program. On January 28, 2020, the City established its Second Shared Mobility Device Pilot Program (Second Program) with a delayed commencement date of July 1, 2021. The City declined to issue Bird a permit to operate its e‐scooter fleet in the Second Program. In this action, Bird challenges the City's failure to issue it an operation permit. Bird now seeks a preliminary injunction enjoining the City from any act prohibiting Bird fr...

Excerpt: ...l duty of enforcing criminal laws both uniformly and adequately. Petitioner seeks to compel the Attorney General to prosecute any violations of the Penal Code related to the issues Petitioner raises. Specifically, Petitioner alleges he filed a petition for writ of habeas corpus, alleging police/prosecutor misconduct that approached the level of criminal misconduct. Petitioner caused the Attorney General's office to be served with his petition for...

Excerpt: ...to the program. Respondent opposes the petition. The Petition is GRANTED. STATEMENT OF THE CASE Petitioner has been a participant in the Section 8 program administered by Respondent since March 2013. (AR 89‐90.) In February 2015, Petitioner moved into an apartment at 4701 Rodeo Lane in Los Angeles (the Unit). (AR 49, 89). Pama Management Co. is the landlord of the Unit. (AR 49) On August 2, 2018, Respondent received an anonymous call reporting ...

Excerpt: ...t aside its January 26, 2021 decision revoking his medical license. The Board revoked Petitioner's medical license when Petitioner failed to respond to the Board's Accusation (i.e., defaulted). The Board opposes the petition. The Board's request for judicial notice (RJN) is granted. The court finds an interlocutory order remanding the matter to the Board is appropriate here. The court cannot determine on this record whether the Board committing a...

Excerpt: ...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 greate...

Excerpt: ...oration Commission (the Commission), to produce documents under the CPRA. The Commission opposes the petition. The Petition is denied. Evidentiary Objections: Petitioner's objections to the declaration of Ford are overruled except objections number 3 and 5 which are sustained. Petitioner's objections to the declaration of Wang are overruled. The Commission's objections to Petitioner's reply evidence are overruled. STATEMENT OF THE CASE The EPA's ...

Excerpt: ...yft opposes the application. The application for writ of attachment is granted as prayed. 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 purpose other than th...

Excerpt: ...ated attorney fees. As to Defendant Kim, Plaintiff has filed no application for a writ of attachment.[1] Further, the court did not set an attachment hearing for Defendant Kim on June 16, 2021 when it set the other two applications for hearing. Plaintiff also has not—according to the file in this matter— served Defendant Kim with a summons and complaint. Thus, Plaintiff is entitled to no relief against Defendant Kim. (See Code Civ. Proc. § 4...