Excerpt: ... Deposition of the Person(s) Most Qualified at the California Department of Insurance, and Request for Production of Documents (the Notice) served on CDI on October 13, 2020. The Notice seeks deposition testimony from CDI on 6 topics. Petitioner opposes the motion. Petitioner's request for judicial notice filed May 10, 2021 is denied as irrelevant. This motion originally came on for hearing on February 5, 2021. After taking the matter under submi...

Excerpt: ...only under exceptional circumstances” and with the approval of the “Chancellor of the campus to which a dismissed student has applied.” (AR 286.) Respondent opposes the petition. The Petition is DENIED. STATEMENT OF THE CASE Petitioner began attending the dental school at the University of California at Los Angeles (UCLA) in 20015. (AR 55.) Petitioner planned to become a Doctor of Dental Surgery candidate in 2019. (AR 55.) On May 8, 2018, t...

Excerpt: ... not consider the County's untimely opposition. For clarity, the only evidence before the court to support the petition is the Declaration of Shaun Bauman. Petitioner submitted no other evidence. The Petition is DENIED. APPLICABLE LAW 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 ac...

Excerpt: ...as to the Board's disciplinary decision based on Petitioner's “employee's issuance of numerous unauthorized and illegal prescriptions of controlled substances . . . .” (AR 17.) [The court concludes herein the Board's various liability theory to support Petitioner's discipline is unsupported in the law. The Board's decision to reprove Petitioner is based on two issues: (1) Petitioner's “employee's issuance of numerous unauthorized and illega...

Excerpt: ...es the petition. In this action, Petitioner seeks an order compelling Respondent to vacate its decision of November 1, 2019 (the Decision) affirming a $44,499.06 assessment issued by DLSE. Petitioner claims: “This is a classic example of the due process abuse that can occur when an enforcing agency is the same agency that decides whether its enforcement activities are proper and justified. Here, [Respondent] flaunts its bias and abuse by provid...

Excerpt: ...and a related temporary restraining order (TRO) prohibiting Defendants from (i) transferring any interest in the Inventory Property by sale, pledge, or grant of security interest or otherwise disposing of or encumbering it, (ii) concealing or otherwise removing the Inventory Property in such a manner as to make it less available to seizure by the levying officer, and (iii) impairing the value of the Inventory Property by acts of destruction or by...

Excerpt: ...A opposes the petition. The Petition is GRANTED in part. The court finds KAFLA has complied with its obligation to produce meeting minutes and is unable to provide a membership list. The court finds, however, KAFLA has not sufficiently complied with its obligation to produce “accounting books and records” as required by statute. Petitioner's Evidentiary Objections: As a preliminary matter, the court has overruled all “false statement” obj...

Excerpt: ...e amount of $33,488.38 as to Defendant Lapco.)[1] The application for a writ of attachment in the amount of $434,138.17 against Defendant R1 Concepts 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 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 attachme...

Excerpt: ...stment Department (HCID) (collectively, the City), to discharge him from his position with Respondents.[1] The City demurrers to the first amended petition (FAP) alleging the FAP is time barred. Petitioner opposes the demurrer. The court has considered supplemental briefing by the parties. The demurrer is overruled. The City's request for judicial notice (RJN) and supplemental RJN are granted. (The court sincerely appreciates the extent of resear...

Excerpt: ...or costs and $2,125.48 attorney fees. The application is unopposed. The applications for writ of attachment are granted as to Defendants Kura MD and Sumaraga. The application for a writ of attachment is denied as to Defendant Hamm. 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 ...

Excerpt: ...oner's medical license for a period of ten years, with an effective date of January 22, 2020 (the Decision). Petitioner requests this court issue a writ of mandate directing the Board to set aside its Decision. He also seeks an order precluding the Board from taking any disciplinary action on Petitioner's guilty plea until he is finally convicted and judgment has been entered in the criminal case. The Board opposes the Petition. The Petition is D...

Excerpt: ...rtment), moves for the issuance of a protective order and/or to quash deposition notices served by Petitioner, Consumer Watchdog. Through the notices Petitioner seeks to depose the Department's persons most knowledgeable about certain subjects. Petitioner opposes the motion. Petitioner moves for an order compelling the Department to provide further responses to its request for production of documents and special interrogatories. The Department op...

Excerpt: ...e (RJN) of Exhibits A through C is granted. ALLEGATIONS IN THE PETITION Petitioner is an Associate Professor of English at the College. (Pet., ¶¶ 47‐48, 179.) On October 3, 2019, Professor Valerie Thomas informed Dean Robert Gaines she wanted an investigation into Petitioner's actions. (Pet., ¶ 111.) On December 4, 2019, the College's Title IX Coordinator, Sue McCarthy, informed Petitioner, two complainants, Professor Thomas and Professor Ky...

Excerpt: ...hip and clinical privileges for 90 days, required Petitioner to complete an approved ethics/professionalism course, and ordered payment of a $25,000 fine. (The court stayed the discipline pending a decision by this court on the petition.) UCLA opposes the petition. The Petition is DENIED. STATEMENT OF THE CASE Underlying Incident: On April 13, 2018, UCLA's obstetrics and gynecology department held a routine statistics conference. During the confe...

Excerpt: ... 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 adjudication of the merits.” (Beehan v. Lido Isle Community Assn. (1977) 70 Cal.App.3d 858, 866.) “The function of a preliminary injunction is the preservation of the status quo until a final determination of the merits.” (Ibid.) As the parties recognize, “Trial courts...

Excerpt: ...ence: Preliminarily, the court notes the Declaration of Zhanmei Long presents substantial foundation problems. That Long, as of September 2020, is a “director and authorized representative” of POW! does not provide a foundation for much of Long's attestations. Long's statement she has “personal knowledge of the matters set forth herein” does not alone provide a sufficient foundation for her declaration. The court notes Long did not sign t...

Excerpt: ...ting with the decedent. The Estate's request for judicial notice is granted. The Estate's evidentiary objection to the exhibits attached to the petition is granted. ANALYSIS Family Code section 7652 provides: “If a person seeking genetic testing demonstrates good cause, the court may order genetic testing of a dead person.” In his unverified[1] petition/motion, Petitioner alleges he is the eldest child of the decedent. He contends a fraud has...

Excerpt: ...e petition is denied. BRIEF STATEMENT OF THE CASE AND FACTS On December 3, 2019 at 3:14 a.m., Officer Kevyn Yamada of the San Gabriel Police Department (SGPD) conducted a traffic stop after observing a sport utility vehicle (SUV) “driving approximately 60 miles per hour (mph) in a 35 mph zone.” (Officer's Statement at 2.)[1] While following the SUV, Officer Yamada saw the SUV change lanes without signaling. (Ibid.) Petitioner was the driver o...

Excerpt: ...t application (the Concession Application) for its project and to approve the Concession Application. Alternatively, Petitioner seeks an order requiring the City to set aside its refusal to process its request for appeal of the City's decision refusal to process its Application. Petitioner's project is a proposed mixed‐use housing development at 141 South Lake Avenue in the City (the Property). The City opposes the petition. The petition is gra...

Excerpt: ...44.26 based upon a personal unsecured guaranty executed by each Defendant. Defendants oppose the applications. Plaintiff filed a reply. The applications are 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 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 atta...

Excerpt: ... Evidentiary Objections: Objection numbers 5, 6 and 7 are sustained. The remaining objections are overruled. (Objection numbers 1, 2, 3 and 4 are overruled based on the grounds stated.) 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...

Excerpt: ... filed by Petitioner, Inglewood Unified School District. Petitioner filed an opposition. The demurrer is overruled. Respondents' request for judicial notice (RJN) is granted as to fact numbers 1 through 4 and 6 through 12 and Exhibits A, B, D, E and F. (Evid. Code § 452, subds. (c) and (h).) Respondents' RJN as to Exhibits C and G (to which Petitioner filed objections) is denied. (Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 608. [“We ...

Excerpt: ...set aside its denial. Petitioner also seeks a court order requiring the City to issue the CUP and “another other regulatory license.” (Pet., Prayer ¶ 1.) The City opposes the petition. The City's request for judicial notice (RJN) is granted. The Petition is DENIED. STATEMENT OF THE CASE On December 28, 2018, the City adopted an ordinance permitting cannabis businesses in certain zones of the City. (AR 8‐16.) The ordinance permits cannabis ...

Excerpt: ...dicial foreclosure of his real property at 96 Ridge Point Drive in Los Angeles (the Property). Defendants oppose the motion. The request for a preliminary injunction is DENIED. Defendants' request for judicial notice (RJN) is granted. The court does request, however, Defendant Rushmore confirm Plaintiff's single point of contact is David Marquez as well as Mr. Marquez's contact information. Does Plaintiff's single point of contact change given th...

Excerpt: ...n is DENIED. STATEMENT OF THE CASE On August 23, 2018, Officer Koegel, an officer with the Los Angeles Police Department, was assigned to work a sobriety checkpoint at Highland Avenue and Leland Way. (AR 8‐ 10, 17.) At approximately 7:55 p.m., Officer Koegel observed Petitioner's car approach the checkpoint's screening area. (AR 8‐10, 17.) Upon interacting with Petitioner, Officer Koegel noticed that Petitioner's eyes were bloodshot and water...