Excerpt: ...rit of possession is granted. 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.” (Code Civ. Proc. § 512.010, subd. (a).) Pursuant to Code of Civil Procedure section 512.010, subdivision (b), the application must be submitted under oath and include: (1) ...

Excerpt: ...eparate but related petitions: First, Petitioner seeks to set aside the City's approvals of the development at 10400 Santa Monica Boulevard (the Santa Monica Project) in Case No. 19STCP03740. Second, Petitioner seeks to set aside the City's approvals of the development at 5877‐5891 West Olympic Boulevard (the Olympic Project) in Case No. 20STCP01569. Respondent, the City, opposes the petitions.[1] The developers for each project also oppose the...

Excerpt: ...eparate but related petitions: First, Petitioner seeks to set aside the City's approvals of the development at 10400 Santa Monica Boulevard (the Santa Monica Project) in Case No. 19STCP03740. Second, Petitioner seeks to set aside the City's approvals of the development at 5877‐5891 West Olympic Boulevard (the Olympic Project) in Case No. 20STCP01569. Respondent, the City, opposes the petitions.[1] The developers for each project also oppose the...

Excerpt: ...not show financial responsibility for damages caused by his accident. The DMV opposes the petition. The petition is denied. STATEMENT OF THE CASE Underlying Accident: On June 2, 2019, Petitioner, while driving a BMW X5 sports utility vehicle (SUV), picked up two individuals—his roommate, Betall Mendieta, and Malia Henderson—in the Altadena area. (AR 10, 53.) While Henderson was attempting to get into the SUV, Petitioner caused the SUV's left ...

Excerpt: ...rnative, T‐Mobile requests the petition's exhibits be replaced with redacted versions of the exhibits through a motion to seal. Petitioner, Parkview Consulting, LLC, opposes the motion. The motion to strike is denied. The court notes to the extent T‐Mobile's goal is to remove from public view certain information within the exhibits, a motion to strike will not achieve that goal. A motion to strike does not remove from public view allegations ...

Excerpt: ...filed by Petitioners. Petitioners oppose the demurrer. Respondents, Wonderful Growers Cooperative (WGC), Wonderful Almond Cooperative (WAC) and Cal Pure (collectively, Respondents), move for a court order striking the allegedly irrelevant, immaterial and improper portions of the FAP. Petitioners oppose the motion. The parties' requests for judicial notice in support of the demurrer are granted. The demurrer is sustained with 20 days leave to amen...

Excerpt: ... Government Code [1] 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 is the date on which the cause of action would have accrued within the meaning of the statute of limitations. (§ 901.)...

Excerpt: ...ced Petitioner on probation for three years. Petitioner requests the court require the Board to impose some lesser discipline, such as a letter of public reprimand. The Board opposes the petition. The Petition is DENIED. STATEMENT OF THE CASE In 1981, Petitioner began her nursing career in South Korea. (AR 271.) On March 17, 2008, the Board issued a RN license to Petitioner. (AR 189.) The Underlying Incident: In December 2017, Petitioner applied ...

Excerpt: ...titioner's employment as a Sergeant in the Department of Police Services on the campus of California State University at Northridge (CSUN). Petitioner requests a court order setting aside the Board's decision. He also seeks an order requiring the Trustees to remove any record of his misconduct from its records, restore his salary and benefits and return him to his position as Sergeant. CSU opposes the petition. The petition is denied. STATEMENT O...

Excerpt: ...ch for depositions. Respondent opposes the motion and also moves for a protective order. The court conducted a lengthy telephonic informal discovery conference with the parties. The parties did not reach resolution and this motion practice followed. All evidentiary objections to the Declaration of Ryan Gohlich are overruled. APPLICABLE LAW “[A]ny party may obtain discovery [through the deposition of a party or a non‐party] regarding any matte...

Excerpt: ...tion 1021.5. The City's request for judicial notice (RJN) is granted. Evidentiary Objections: Petitioner's objections to the declaration of Carrie Tai: Objection number 1 is sustained on relevance grounds. Objection number 2 is overruled. The City's objection to the Supplemental Declaration of Lake McManus is well grounded. The court did not grant leave to any party to file anything differently than what had been before Judge Chalfant. If the Cit...

Excerpt: ...ompel Respondent, the County of Los Angeles, to produce documents withheld by the Los Angeles County Sheriff's Department (LASD) responsive to its CPRA request within three months. The County opposes the petition. The Petition is granted. Based on the remaining dispute between the parties, the court grants Petitioner's request for judicial notice (RJN) as follows: Exhibits QQ, RR, SS and TT only. The County's RJN is granted in its entirety. STATE...

Excerpt: ...n denying the request for hearing and appeal of Real Party in Interest, Kathryn Thipatima. (Petition, Prayer ¶ 1.) Petitioner further seeks an order Respondent reverse its findings the DMH violated Civil Service Rule 25. (Petition, Prayer ¶ 2.) Finally, Petitioner requests this court direct Respondent to “cease taking jurisdiction over requests for medical reevaluations as such is not within the Commission's jurisdiction.” (Petition, Prayer...

Excerpt: ... file a reply. (Capital Foreclosure Services, Inc. filed a declaration of non‐monetary status.) 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 injunction does not amount to an adjudicatio...

Excerpt: ...City), Mary Campbell, Stacey Armato, Justin Massey, and Michael Jenkins (collectively, Respondents) demurrer to each cause of action in the Second Amended Verified Petition for Writ of Mandate and Second Amended Complaint for Injunctive and Declaratory Relief (the SAP). Respondents also demurrer to the entire SAP as to Respondent Jenkins. Petitioner opposes the demurer. Respondents' request for judicial notice is granted. The court does not, howe...

Excerpt: ...ctric Co., the City of Riverside, and the City of Anaheim (collectively, SCE),[1] for a project “that is part of the overall effort to decommission the San Onofre Nuclear Generating station (SONGS) . . . .” (AR 25.) To be clear, the challenge here is to the adequacy of the analysis used by the Coastal Commission in approving the 2019 CDP. (Reply 6:3‐4.) The issues before this court on this action are not about the wisdom of the manner in wh...

Excerpt: ...Racing Law and proper [California Horse Racing Board] regulations when dismissing [a] positive test [for a prohibited substance] and then hiding it from the public.” (Pet., ¶ 3.) The parties have competing motions before the court. Respondent moves to enforce a settlement agreement pursuant to Code of Civil Procedure section 664.6. Petitioner moves for an order reforming the settlement agreement pursuant to Civil Code section 3399. Alternative...

Excerpt: ...its. Petitioner contends, as found by the Employment Development Department (the EDD), Shaw is disqualified from receiving any benefits based on Unemployment Insurance Code section 1256. The Board opposes the petition. The petition is DENIED. STATEMENT OF THE CASE Petitioner employed Shaw as a lead medical biller. (AR 9, 29.) Petitioner worked for Petitioner for approximate six to seven years. (AR 9, 29.) From July 16 to August 2, 2019, Shaw was ...

Excerpt: ... invalidating the Special Public Safety Tax for Fire Protection and Prevention and Police Protection (the Special Tax). Respondent, Dean Logan (the Registrar), the Los Angeles County Registrar, joins the motion. Petitioner, Andrew Ko, initiated this action to obtain an order removing the Special Tax measure from the ballot and compelling the City and the Registrar to set aside the Special Tax. The petition seeks relief against the Registrar with ...

Excerpt: ...ventory, chattel paper, accounts, equipment and general intangibles.” (Adams Decl., Ex. 1.) Defendant did not file an opposition. Plaintiff has not demonstrated service of the summons and complaint upon Defendant. Plaintiff filed a proof of substituted service. Plaintiff did not cause the summons and complaint to be mailed, however, until June 4, 2021. Code of Civil Procedure section 415.20, subdivision (a) specifies service is not “complete�...

Excerpt: ...order sealing its Respondent California Horse Racing Board's Designation Motion (Designation Motion) in its entirety, including the exhibits. Petitioner opposes the motion. The motion is granted only as to Exhibits C, D, E and F. As the court views it, nothing in the Designation Motion other than those exhibits contains potentially confidential information. Thus, the motion is granted in part. Petitioner's objections to the evidence submitted to ...

Excerpt: ...ions of Detective Hoeppner and Lieutenant Todd from the City's police department. The City also seeks an order staying all discovery pending the resolution of the underlying criminal litigation. Petitioner opposes the motion. The motion is granted in part and denied in part. The City's request to quash the deposition notices is granted; the City's request to stay all other discovery is denied. THE CIVIL DISCOVERY ACT “[A]ny party may obtain dis...

Excerpt: ...ll persons acting in concert with them or through them, including Marina Boyd, and possible renter, Trabeeonne Dedeaux, to show cause why they should not be enjoined during the pendency of these proceedings from entering the real property located at 807 East 103 rd Place in Los Angeles (the Property), including but not limited to, removing, damaging or altering the Property or any personal property, furniture, fixtures or equipment thereon, and t...

Excerpt: ...oper). The entitlements include a vesting zone change and height district change, a site plan review, a master conditional use permit for on‐site sales and consumption of alcoholic beverages as well as a vesting tentative tract map. The entitlements allow the Developer to: “demolish 40 existing rent‐stabilized residential units and construct a mixed‐use development that includes a 30‐story tower [with] up to 269[1] multifamily residenti...

Excerpt: ... the petition. Petitioner opposes the demurrer. The demurrer is sustained with 21 days leave to amend. The City's request for judicial notice (RJN) is granted. RELEVANT ALLEGATIONS IN THE PETITION Petitioner is the owner of an apartment building located at 3325 South Main Street in the City. The Restaurant is a business that owns or leases certain real property located at 3311 South Main Street (the Property). The Property is adjacent to Petition...