Excerpt: ... cause for doing so" exists because "the CitVs originally certified record inadvertently omitted various documents that the California Environmental Quality Act ('CEQA') statutorily requires to be included in the administrative record." [1] (Motion 3:12-15.) Petitioner, Leona Valley Town Council, opposes the motion. The motion is granted. ALLEGATIONS IN THE PETITION On February 27, 1992, the City certified environmental impact report (EIR) 90-4 a...

Excerpt: ...tiffs request for judicial notice (RJN) of Exhibit A is granted. (Evid. Code, S 452, subd. (c).) Defendant's RJN of Exhibits A and B is granted. (Evid. Code, 5 452, (d).) The court declines to rule on Defendants' handwritten evidentiary objections to Plaintiffs declaration. (California Rules of Court, Rules 2.100-2.108.) Plaintiffs objections to the Declaration of Beverly Alexander are all overruled. Plaintiffs motion to strike the declaration is...

Excerpt: ...under the CPRA. The City opposes the petition. At the hearing on February 1, the City objected to the cour€s tentative decision as addressing a matter that had not been briefed—the issue of waiver. The court allowed supplemental briefing on the issue. The court has read and considered the supplemental briefs. The petition is denied. STATEMENT OF THE CASE On December 10, 2021, Petitioner made a written request for records from the City pursuan...

Excerpt: ...dgment as well as Petitioner's attorneys' fees and costs related to collection ($60,337.37). On February 17, 2023, the court granted Petitioner's request as to the money judgment, $406,574.91 and statutory interest. In response to Petitioner's request for attorneys' fees (based on Code of Civil Procedure sections 685.040 and 685.070) [see Opening Brief 6:16-201, the County filed a motion to strike pursuant to Cade of Civil Procedure section 685.0...

Excerpt: ...hool District (LAUSD), California Department of Health Care Services and the California Department of Social Services, oppose the petition.[2] The petition for relief from the claim presentation requirement is DENIED. As explained herein, the court does not adjudicate whether Petitioner's government claims were timely submitted to Respondents. LAUSD's objections to the Declaration of Alex are all sustained except numbers 5 (as to paragraph 8, lin...

Excerpt: ...ion arguing the City abused its discretion and failed to proceed as required by law. More specifically, Petitioner contends the City should not have limited the HCM designation by eliminating the fairways, greens and driving range of the golf course. Petitioner seeks an order requiring the City to reconsider the recommendations and findings of the City's Cultural Heritage Commission (Commission) and make adequate findings to support the HCM desig...

Excerpt: ...o Petitioner's Code of Civil Procedure section 1085 claim. The motion to strike is denied. After the parties completed briefing on the motions, Petitioner filed a request for judicial notice. Petitioner requests the court take judicial notice of the Statement of Decision filed on September 30, 2022, in Los Angeles Police Protective League v. City of Los Angeles, LASC No. 21STCV39987 [1] as well as Los Angeles City Council File No. 21-0921. The co...

Excerpt: ...equest for an additional benefit of 53 hours per month of respite services. Regional Center opposes the petition. The Petition is DENIED. STATEMENT OF THE CASE Petitioner is sixteen years old. He has been diagnosed with Autism Spectrum Disorder. (AR 316, 332.) Los Angeles County funding provides Petitioner with 283 hours per month of In-Home Supportive Services (IHSS), a form of generic services. (AR 27, 319.) Natalee Mall, Petitioner's mother, i...

Excerpt: ...8.5].) The City seeks the sanction award from Petitioner, Friends of Waverly, Inc., and its attorney, Noel Weiss. Petitioner opposes the motion. The motion is denied. Evidentiary Objections: As with the City's objections at the time of trial, objections to unsupported claims in briefing are problematic. To the extent Petitioner's claims are unsupported with admitted evidence, the court cannot rely on them. The City's objection to Petitioner's att...

Excerpt: ...[Section 128.5].) The City seeks the sanction award from Petitioner, Friends of Waverly, Inc., and its attorney, Noel Weiss. Petitioner opposes the motion. The motion is granted/denied. [The court advises the party that it is on the fence on the ruling on this motion. Thus, focused argument will be helpful to the court.] STANDARD OF REVIEW Under Section 128.5, the trial court has discretion to award make a reasonable expenses award to a party whe...

Excerpt: ...rect result of respondent's breach of their mandatory duty to comply with Civil Service Rule 13, which is a Los Angeles County ordinance . . . .” (Pet., ¶ 1.) Respondent, the County of Los Angeles, demurs to the first amended petition (FAP). The County's request for judicial notice is granted. The demurrer is sustained as to the first and second causes of action—the writ and derivative declaratory relief claims. Petitioner shall advise the c...

Excerpt: ...granted. The amount of the attachment authorized herein, however, represents a reduction to estimated attorney's fees and costs. Evidentiary Objections Defendant's objections to the Declaration of Shunnu Jin: All objections are overruled except objection number 4, 17 and 20 which are sustained. Objection number 12 is sustained in part as to the word “false.” Defendant's objections to the Declaration of Yong Bom Lee: All objections are sustain...

Excerpt: ..., 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.) Section 946.6 is the ultimate jud...

Excerpt: ...� 1.) [2] Petitioner also seeks $60,337.37 as “enforcement costs” and “attorneys' fees that [it] may be entitled to under the law.” (Pet., Prayer, ¶¶ 2, 3.) Petitioner seeks a traditional writ of mandate pursuant to Government Code section 970.2. (Pet., ¶ 40.) Respondent opposes the petition. The petition is granted in the amount of $406,574.91 plus interest pursuant to Government Code section 907.1, subdivision (c). Petitioner's reque...

Excerpt: ... money won. CHRB moves for an order lodging under seal three pages of the administrative record—“the CHRB respectfully requests that this Court order that the Subject Documents be lodged under seal for purposes of trial on this matter.” (Motion 7:2-3.) Petitioner opposes the motion. The motion to seal is denied. Petitioner's objections to evidence submitted by CHRB: Objections 1 and 2 are sustained. Objections 3 and 4 are overruled. LEGAL S...

Excerpt: ...plication for a writ of possession is 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.” (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 ...

Excerpt: ...on. The Petition is DENIED. STATEMENT OF THE CASE Petitioner is a self-employed full-time taxi, private and rideshare driver. (AR 46 [schedule C], 53.) In 2020, Petitioner filed for PUA benefits. At the time of his application, Petitioner certified he earned $35,000 as net annual income in 2019. (AR 44, 65, 98.) Based on that report, the Employment Development Department (EDD) awarded Petitioner a weekly benefit amount of $337, rather than the ba...

Excerpt: ...heris), oppose the motion. The motion is denied. K&R's request for judicial notice of Exhibits A through H is granted. RELEVANT PROCEDURAL HISTORY The procedural history of this case extends almost a decade. This court has presided over the case nearly since its inception.[1] The court notes the Court of Appeal opinion in Khorshidi, et al. v. Javaheri, et al., Court of Appeal Case No. B285132 contains a fulsome recitation of the relevant history ...

Excerpt: ...ically, section 7923.115 provides: “If the requester prevails in litigation filed pursuant to this chapter, the court shall award court costs and reasonable attorney's fees to the requester.” To determine whether a petitioner in has prevailed in a CPRA proceeding, courts have found a petitioner “prevails” when a public record is disclosed only because the plaintiff filed an enforcement action. (Los Angeles Times v. Alameda Corridor Transp...

Excerpt: ...he City did not file a reply. The demurrer is sustained as to Petitioner's Code of Civil Procedure section 1085 claim. The motion to strike is denied. Petitioner's request for judicial notice is denied. Neither the memorandum from the City Administrative Officer nor the claim for damages are judicially noticeable. STANDARD OF REVIEW A demurrer tests the sufficiency of a pleading, and the grounds for a demurrer must appear on the face of the plead...

Excerpt: ...ative record. The Petition is DENIED. STATEMENT OF THE CASE On or about May 10, 2019, the DMV issued Petitioner a formal warning letter about a consumer complaint it had received. (AR 81-82.) On July 9, 2019, Petitioner sold a Porsche to a customer and accepted a trade-in of that customer's 2015 BMW I8. (AR 195-196.) The trade-in vehicle had an outstanding loan balance due of $75,180. (AR 84.) Petitioner did not discharge the outstanding loan bal...

Excerpt: ...this matter. The District opposes the motion. The motion to augment is denied. The motion to stay is continued to January 25, 2023 at 9:30 a.m. STANDARD OF REVIEW Motion to Augment: Augmentation of the administrative record is strictly controlled by Code of Civil Procedure section 1094.5, subdivision (e). (Pomona Valley Hospital Medical Center v. Superior Court (Bressman) (1997) 55 Cal.App.4th 93, 101.) Code of Civil Procedure section 1094.5, sub...

Excerpt: ... 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 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...

Excerpt: .... Petitioner, Western States Petroleum Association, challenges the Regulation. Petitioner contends CARB failed to comply with the California Environmental Quality Act (CEQA), Public Resources Code section 21000, et seq., as well as other provisions of law—including the Administrative Procedures Act (APA), Government Code section 11340, et seq.—when it adopted the Regulation. Petitioner seeks an order pursuant to Public Resources Code section ...

Excerpt: ...r injunctive relief (petition). Respondent, County of Los Angeles, demurs to and moves to strike various allegations in the petition. Petitioner opposes the motions. The demurrer is sustained in part and overruled in part. The motion to strike is granted in part and denied in part. The court stays these proceedings on the third cause of action, a declaratory relief claim, pending resolution of petitioner's writ claim. (The third cause of action w...

Excerpt: ...real property located at 350 S. Los Angeles Street in downtown Los Angeles (the Property) currently managed by Defendants, Saeed Farkhondehpour, Downtown Acquisition Group (DAG) and Investment Consultants LLC (IC). The complaint alleges claims for breach of contract, breach of fiduciary duty, fraud, improper disposition of property, specific performance and accounting. A jury trial for this action is scheduled to commence on March 20, 2023. Throu...

Excerpt: ...ten financing agreement whereby Plaintiff financed Defendants' purchase of a 2010 Keyston III Country 333DB Trailer, Vehicle Identification Number 4YDF33321AA740018 (Vehicle). Plaintiff alleges Defendants defaulted on the contract and owe an unpaid principal balance of $24,573.38. Plaintiff alleges Defendants have possession of the Vehicle. Plaintiff seeks a writ of possession for the Vehicle. On July 6, 2022, the court entered a default against ...

Excerpt: ... the declaration conditionally under seal on August 18, 2022. Defendant moves to seal material revealing its “core metrics, as well as financials,” sent to Plaintiff (through Lawrence Genalo) by email on February 15, 2022. (Pomplun Reply Dec., Ex. 4.) The attachment to the email reveals Defendant's “financial information, including profits and losses.” (Landes Decl., ¶ 3.) The material has been redacted from the version of the declaratio...

Excerpt: ...rial task of issuing a building permit for the” project, a single‐family residence at 1193 Loma Linda Drive (the Project).[1] (First Amended Petition [petition], Prayer.) The City opposes the petition. The petition is denied. The City's unopposed request for judicial notice (RJN) of Exhibits A through D is granted. (Evid. Code, § 452, subds. (b).) Petitioner's objections to the Declaration of Ryan Gohlich are overruled except objection 1 is ...

Excerpt: ...ting, discarding, destroying and/or damaging the remainder of 1,700,000 boxes of Sri Trang Nitrile Gloves (Gloves) owned by Plaintiff. Plaintiff caused Defendants to be personally served with the summons, complaint, order to show cause and other relevant documents on November 18, 2022. Defendants filed no opposition. The motion is GRANTED. LEGAL STANDARD The standards governing a preliminary injunction are well known. “[A] court will deny a pre...

Excerpt: ...rowers, Inc. (Flower Growers) for its proposed flower market development project (Flower Market Project). Petitioner sought an order requiring the City to “vacate and withdraw the certification of the EIR and all Project Entitlements . . . .” (Pet., Prayer ¶ A.) Petitioner asserted the City violated the California Environmental Quality Act (CEQA)(Pub. Resources Code §§ 21000 et seq.) when it approved the EIR. The court granted the petition...

Excerpt: ...nty's request for judicial notice (RJN) of Exhibits A through E is granted. The County's RJN of the “ERCOM's oral decision dismissing in part the Charge” is also granted. ALLEGATIONS IN THE AMENDED PETITION On August 4, 2021, the County's Board of Supervisors (Board) ratified an executive order establishing the County's policy requiring all County employees be vaccinated against COVID-19 or secure an exemption to vaccination (the Policy). (FA...

Excerpt: ...each of contract. Petitioner's breach of contract claim is stayed until reassignment to an independent calendar court. The County's request for judicial notice (RJN) of Exhibits A through E is granted. The County's RJN of the “ERCOM's oral decision dismissing in part the Charge” is also granted. RELEVANT ALLEGATIONS IN THE AMENDED PETITION Since 1951, Petitioner and the County have been signatories to various memoranda of understanding (MOUs)...

Excerpt: ...as failed to meet its burden of demonstrating any arbitration “award to which [Plaintiff] may be entitled may be rendered ineffectual without provisional relief” as required by Code of Civil Procedure section 1281.8. Petitioner's request for judicial notice (RJN) of Exhibits 1 through 3 is granted. (Evid. Code § 452, sub. (d).) Defendant's three objections to the Declaration of Michael Sitrick are all overruled. Defendant's single objection ...

Excerpt: ... relevant times, Petitioner, Jane Roe 1 and Jane Roe 2 were students at USC. Underlying Incidents: Petitioner and Roe 2 were both enrolled in a law, politics and public policy class. (AR 156.) On March 13, 2018, Roe 2 went to Doe's residence, and they began studying in Petitioner's room. (AR 1338, 2277.) Eventually, Petitioner and Roe 2 started kissing. (AR 1338, 2277.) Petitioner and Roe 2 dispute the events that followed. Roe 2 told law enforce...

Excerpt: ...n this litigation. The court continued the matter “to submit additional evidence in support of his claim . . . .” (Ruling on Submitted Matter, July 12, 2022.) After the court's prior attempt to obtain evidence from Doe 2 to support his desire to litigate this matter with a fictitious name, the court continued the Order to Show Cause (OSC) hearing concerning Doe 2's fictitious name status. Doe 2 filed a response (his declaration) to the court'...

Excerpt: ...n. (On July 6, 2022, the court stayed the proceedings as to causes of action 2, 3 and 4. The demurrer as to those causes of action may be reset upon reassignment to an individual calendar court at the conclusion of the proceedings on the first cause of action.) The District's unopposed request for judicial notice of Exhibit 1 is granted.[1] (Evid. Code, § 452, subd. (h).[2]) STANDARD OF REVIEW A demurrer tests the sufficiency of a pleading, and ...

Excerpt: ...ibit A is granted. (Evid. Code § 452, subd. (c), and (d).) ALLEGATIONS IN THE PETITION Petitioner alleges he sat for the California State Bar exam in 2010 and 2013 and received a “passing score” of 1398 on each examination.[1] (Pet. 2:2-4) Despite his passing score, however, Respondent California State Bar wrongly and arbitrarily refused to admit or even consider his score of 1398 “even after the California Supreme Court changed scoring me...

Excerpt: ...ge requested the City vacate 49,5000 square feet of public streets and alleyways between 84th Street and Manchester Avenue (Project). Petitioner also seeks an order compelling the City to conduct a “full public hearing under the law” concerning the Project. (Reply 2:20.) The City, Bridge and Real Party in Interest, Los Angeles County Development Authority (LACDA) (collectively Respondents) jointly oppose the petition. Respondents' objection t...

Excerpt: ...uant to sections 2019.030, subdivisions (a) and (b), and 2031.060, subdivision (b)(1) for a protective order: 1) prohibiting Petitioner from engaging in any further discovery in this proceeding; 2) prohibiting Petitioner from seeking or submitting to the court as evidence any documents other those in the certified administrative record or permitted pursuant to a motion to augment that record; and 3) placing any other restrictions on discovery the...

Excerpt: ... contend they own the medical spas. The medical spas are known as the Sev Laser Aesthetics clinics, located in the in the cities of La Jolla, Rancho Cucamonga, Hermosa Beach, San Jose/Los Gatos, San Francisco, Irvine, Orange County, Sherman Oaks, Walnut Creek (collectively Clinics) and preliminary injunction that allows Plaintiff to “resume his practice of the clinics.” (Ex Parte Application and Proposed Order.) (It appears Plaintiffs modifie...

Excerpt: ...petition. The petition is denied. Petitioner's request for attorney's fees is also denied. STATEMENT OF THE CASE Background: On March 22, 2006, Petitioner obtained a California physician's and surgeon's license. (AR 1, 141.) Thereafter, in 2007, Petitioner obtained a license to practice medicine in the state of Illinois. (AR 15.) On February 16, 2016, the Illinois Department of Financial and Professional Regulation (Illinois Department) [1] filed...

Excerpt: ...ss the second amended petition (SAP) filed by Petitioners, Children's Health Defense and Protection of the Educational Rights of Kids, as moot consistent with Code of Civil Procedure section 581, subdivision (m) and the court's inherent authority to dismiss a proceeding. Petitioners oppose the motion. The motion to dismiss is granted. For this reason, LAUSD's demurrer to Petitioners' second amended petition is deemed moot. LAUSD's request for jud...

Excerpt: ...e Commissioner of the State of California, and the California Department of Insurance (CDI) (jointly, Respondents), to produce documents under the CPRA. Alternatively, Petitioner requests the court conduct an in‐camera review of the 96 withheld records as well as six redactions made to public records. Respondents oppose the petition. The Petition is denied. Petitioner's request for judicial notice (RJN) is granted as to Exhibits 1 and 15 only. ...

Excerpt: ...al Rapid Transit Technologies LLC (ARTT), oppose the motion. The motion for leave to amend is granted in part. Petitioner also moves to augment the administrative record. Respondents oppose the motion. The motion is granted in part. BRIEF SUMMARY OF ALLEGATIONS On April 25, 2018, ARTT submitted an unsolicited gondola project proposal to Metro for review and evaluation by Metro's Office of Extraordinary Innovation (OEI) pursuant to Metro's Unsolic...

Excerpt: ... Louie and Deborah Kotani, also separately demur to the first amended petition. Louie and Kotani's demurrer is unopposed. Both demurrers are sustained. STANDARD OF REVIEW A demurrer tests the sufficiency of a pleading, and the grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. (Code Civil Proc. § 430.30, subd. (a); Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) “We assume the truth of the allegat...

Excerpt: ...and $5,000 in estimated attorney's fees. On February 21, 2020, Defendant moved the court to release the attachment by offering to file an undertaking in the sum of $508,600.10 in lieu of the attachment. The court granted the request and ordered the attachment released upon the filing of the undertaking. Plaintiff now seeks a writ of attachment in an additional amount of $172,750 for attorney fees. The application is granted. The court need not ru...

Excerpt: ... 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.) Section 946.6 is the ultimate judicial backstop of the claim pre...

Excerpt: ...eding on Plaintiff's real property located at 8951 Appian Way in Los Angeles (Property). Defendants oppose the motion. Plaintiff did not file a reply. The motion 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 a...

Excerpt: ...demurrer is overruled. Authentication of Judicially Noticeable Documents: As a preliminary matter, Petitioner raises an authentication objection in response to Respondents' request for judicial notice. Petitioner argues the Declaration of Winston P. Stromberg—attorney at the firm of Latham & Watkins LLP and counsel of record for Real Party—is inadequate to authenticate these records. (Stromberg Decl., ¶ 1.) Stromberg attests that each docume...

Excerpt: ...ndate and Complaint for Fraud (SAP) on May 2, 2022, after the court sustained the demurrer of Real Party in Interest and Defendant, Raising Cane's Restaurants, LLC (Real Party) to Petitioner's First Amended Petition. Petitioner brings its SAP pursuant to Code of Civil Procedure section 1085, and challenges Respondent City of Burbank's issuance of a Certificate of Occupancy (COO) for a fast-food restaurant, called Raising Cane's, in Burbank, Calif...

Excerpt: ...” issued on or about March 30, 2021 (the 2021 Memorandum); and (2) restore the Mulholland Design Review Board's jurisdiction to that required by the Specific Plan text adopted by the Los Angeles City Council in May 13, 1992. Respondent, City of Los Angeles,[1] opposes the petition. The City's request for judicial notice (RJN) is granted. The Petition is GRANTED. STATEMENT OF THE CASE Mulholland Scenic Parkway Specific Plan On May 13, 1992, the ...

Excerpt: ... 2022, the court conducted a lengthy hearing and discussed its rationale for granting the protective order. Today's motion has not changed the court's view of the facts and the applicable law. Petitioner is not entitled to take the deposition of Brodnik. The court acknowledges Petitioner is before the court pursuant to Code of Civil Procedure sections 1094.5 and 1085. Despite Petitioner's claim it is entitled to relief under Code of Civil Procedu...

Excerpt: ...s for writ of attachment against Defendant APBZ in the amount of $167,144.86 which includes $100.00 in costs and $3,000.00 in attorney fees. Defendant APBZ opposes. The application is GRANTED. Plaintiff's evidentiary objections are overruled except as to paragraph 8 and 9 which are sustained. In addition, the court sustains in part the objection to paragraph 12 as to “in saleable condition” only. LEGAL STANDARD The court shall issue a right t...

Excerpt: ...rit of attachment specifically as it relates to the attachment against the real property located at 701 Dos Rios Street in Sacramento, California (the Property). Plaintiff [1] opposes. Defendant filed its reply brief on August 1, 2022 at 8:24 p.m. Code of Civil Procedure section 1005, subdivision (b) requires that reply papers be served and filed “at least five court days before the hearing.” Pursuant to the code, Defendant's reply papers wer...

Excerpt: ...1) breach of promissory note (Richwood); (2) breach of commercial guaranty (Wu); (3) money lent (both Defendants); (4) account stated (both Defendants); (5) fair valuation (both Defendants); (6) claim and delivery (both Defendants); (7) conversion (both Defendants); (8) appointment of a receiver (Richwood); and (9) injunctive relief (both Defendants). Plaintiff seeks a writ of attachment in the amount of $682,516.06 against Wu. Plaintiff caused t...

Excerpt: ... of good faith and fair dealing. On June 15, 2022, Defendant filed its cross-complaint against Plaintiff and David Oberg. The cross- complaint alleges five causes of action: (1) professional negligence; (2) breach of fiduciary duty; (3) conversion; (4) violation of California Business & Professions Code section 17200; and (5) declaratory relief. Plaintiff applies for writ of attachment in the amount of $830,817. Defendant opposes the application....

Excerpt: ...2-014 with respect to COVID-19 testing during the pendency of this lawsuit; and (2) requiring health plans under [Health and Safety Code section 1342.2,] subdivision (d) to make payments to capitated providers for pre-2022 COVID-19 testing by July 1, 2022 or during the pendency of this action.” (Notice 2.) Respondents, Mary Watanabe, in her official capacity as Director of the DMHC, the DMHC, and Rob Bonta, in his official capacity as the Attor...

Excerpt: ...application indicated his “business, employment, or self-employment was interrupted as a direct result of COVID-19 on 12/31/2019,” a date “prior to when the COVID-19 public health emergency was declared by the Secretary of Health and Human Services on January 27, 2020.” (AR 2.) Petitioner seeks to set aside the decision of Respondent, California Unemployment Insurance Appeals Board (CUIAB), affirming the EDD's decision. Petitioner also re...

Excerpt: ... Process Under the California Constitution 3. Writ of Traditional Mandamus; and 4. Injunction Plaintiff's prayer is straightforward—for “[i]njunctive relief to process [Plaintiff's] pending hospice additional location applications in the ordinary course.” (Complaint, Prayer.) Plaintiff now seeks a preliminary injunction requiring Defendant to: (1) resume consideration of Plaintiff's applications for licensure of additional hospice locations...

Excerpt: ... (CDCR), opposes the motion. The motion is denied. Petitioner had until April 12, 2022 to file his motion. Absent an agreement between the parties otherwise or a subsequent verified supplemental response from the CDCR, the court has no authority to permit Petitioner to file a motion beyond April 12, 2022. ALLEGATIONS IN THE PETITION Petitioner alleges the CDCR engages in unlawful discrimination against individuals with criminal records who are ap...

Excerpt: ...il wage and penalty assessment issued by Real Party in Interest, the Division of Labor Standards Enforcement (DLSE). The DLSE opposes the petition. The petition is DENIED. STATEMENT OF THE CASE Statutory Framework: Public Works Projects and Employees California has prevailing wage laws to benefit and protect employees on public works projects. (State Building & Construction Trades Council of California v. Duncan (2008) 162 Cal.App.4th 289, 295.) ...

Excerpt: ...application and to grant the application. The City denied Petitioner's license based on the recommendation of the Glendale Police Department (GPD). GPD advised the City it responded to many calls for service at the address related to individuals creating noise nuisances, excessive noise, littering and violations of City regulations. Petitioner now moves to compel further responses to his request for production of documents (RFP), Set Two, Nos. 1-...

Excerpt: ...(1) claim and delivery of personal property; and (2) money due on a contract. The court entered default against Defendant on June 6, 2022. Plaintiff applies for writ of possession of the motor vehicle that is the subject of the financing contract. The Application for Writ of Possession is GRANTED upon Plaintiff's posting of an undertaking. LEGAL STANDARD “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursua...

Excerpt: ...e, staying the revocation and placing him on probation for five years subject to certain terms and conditions. The matter arises from Petitioner's emergency psychological evaluation the mental health of two minor twin boys in alleged violation of the standard of care and applicable laws. [1] Respondent opposes the petition. The Petition is DENIED. STATEMENT OF THE CASE The underlying allegations arise in the context of a highly conflicted family ...

Excerpt: ... 2021, the court set this matter for trial on this date. At that time, the court ordered that Petitioner's opening brief be filed no later than 60 calendar days prior to the hearing. The court also ordered the administrative record be lodged with the court 15 days prior to the hearing. The court ordered Petitioner to give notice of the court's orders. On November 16, 2021, Petitioner's then counsel filed a motion to be relieved as counsel for Pet...

Excerpt: ...led his cross-complaint against Plaintiff. The action was contentious with multiple disputes arising concerning the day-to-day management and sale of the real properties. On January 13, 2021, the court appointed a receiver to sell the real properties and manage them until sale. While the receiver assisted the court and the parties significantly, disputes between the parties nonetheless continued. Defendant/Cross-Complainant Rohbani now moves for ...

Excerpt: ...to which it may be entitled in this action. Plaintiff has submitted nothing additional for the court's consideration. Therefore, the court reissues the tentative decision it issued for the hearing on May 13, 2022. The court also notes Plaintiff's notice for the continued hearing is improper. Plaintiff noticed the wrong courthouse and did not include any Department number. As notice was proper for the last hearing, the court finds the decision tod...

Excerpt: ...22) 74 Cal.App.5th 154 [Tran]. Tran undermined this court's decision in this matter as to one issue— whether the County's Board of Supervisors must render a decision as an appeal body (i.e., adopt written findings and a decision) within 30 days of the close of an appeal hearing. Tran specified the Board of Supervisors must do so, and when it does, the decision appealed from is affirmed. As this court had decided otherwise in this matter, on Jan...

Excerpt: ...notice of motion to strike or to tax costs must be served and filed 15 days after service of the costs memorandum.” (Cal. Rules of Court, rule 3.1700, subd. (b)(1).) “If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013.” (Ibid.) “If the cost memorandum was served electronically, the period is extended as provided in Code of Civil Procedure section 1010.6(a)(4).” (Ibid.) C...

Excerpt: ...rtheast side of the driveway, breaking any part of the driveway's concrete surface, inhibiting access to Plaintiff's property and/or erecting any barrier on the driveway. Defendant opposes Plaintiffs' request. Defendant contends Plaintiffs are not entitled to a preliminary injunction based on the circumstances. Plaintiffs' request is granted in part. FACTUAL BACKGROUND Plaintiffs own the real property at 1830-1832 Echo Park Avenue. Plaintiffs' pr...

Excerpt: ...COLLISION CENTER Plaintiff, American Credit Acceptance, LLC, seeks writs of possession against Defendants, [1] Lindsey P. Johnson aka Lindsey Johnson; [2] Reginal D. King aka Reginal King, individually and dba Trust Auto Collision Center; and [3] Trust Auto Collision Center, Inc. (Trust Auto) to obtain possession of a 2016 Chevrolet Impala (VIN Number 2G1145S32G9117813) (the Vehicle). [1] The court entered Defendants' defaults on March 24, 2022. ...

Excerpt: ... of possession is granted upon Plaintiff posting an undertaking in the amount of $5,001. 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...

Excerpt: ...tion. The application for writ 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 u...

Excerpt: ...action against Defendants, D&C Global, Inc., Cajun Buggies, LLC, and Wang. Defendant D&C Global has defaulted on a promissory note and commercial card agreement. Defendant Wang guaranteed D&C Global's payment obligations and performance under the loan agreements. Despite a demand, Defendant Wang has failed to honor his guaranty obligations. Defendant Cajun Buggies, LLC has defaulted on a promissory note. Defendant Wang guaranteed Cajun Buggies' p...

Excerpt: ...perators of a hazard waste treatment facility in Wilmington. The complaint alleges four causes of action against Defendants: (1) failure to comply with the terms of a hazardous waste permit; (2) failure to properly maintain a hazardous waste containment system; (3) failure to record an inspection; and (4) unlawful storage of incompatible hazardous waste. Defendants demur to the complaint's first and fourth causes of action. Defendants argue Plain...

Excerpt: ...derlying the dispute between Bird and the City are set forth in the court's order of July 30, 2021. As noted therein, Bird raises three challenges to the City's decision. First, Bird claims the Second Shared Mobility Device Pilot Program (Second Program) is tainted by a conflict of interest. The conflict, according to Bird, invalidates the Second Program thereby divesting the Mobility Officer (MO) of jurisdiction to issue permits. Second, Bird co...

Excerpt: ... Respondent, the California Department of Toxic Substances Control (the Department), to set aside its Final Inspection Violation Score of the Facility issued on September 25, 2020 through its petition. The Department issued Petitioner's final score using its Violation Scoring Procedure (VSP) regulations. Petitioner argues the conditions observed by the Department's inspectors do not qualify as Class 1 violations, and the Department erred when it ...

Excerpt: ...iring Real Party in Interest, the Los Angeles County Sheriff's Department, to remove the record of misconduct charges and any reference to it from his personnel files and other Department records. Petitioner also requests an order of backpay, benefits and interest at the legal rate. The Department opposes the petition. The Petition is GRANTED. STATEMENT OF THE CASE At all relevant times, Petitioner held the position of Deputy Sheriff with the Dep...

Excerpt: ...urrer. Despite having failed to timely file a Fourth Amended Petition (FAP), Petitioner now seeks leave to do so relying on Code of Civil Procedure sections 473, subdivision (b), 475 and/or 1008. Respondents, City of Hermosa Beach, Mary Campbell, Stacey Armato, and Justin Massey (collectively, Respondents), oppose the motion. The motion is granted. ANALYSIS Petitioner moves for reconsideration of the court's November 17, 2021 order. He seeks leav...

Excerpt: ...ought this litigation against two named defendants—Stella Koletic, D.D.S., Inc. and Stella Koletic. On December 30, 2021, Plaintiff dismissed the action against the corporate defendant. Defendant opposes the application. Plaintiff's requests for judicial notice (RJN) are granted. The application is GRANTED. Plaintiff's evidentiary objections: Objections 6 and 7 are overruled. Objections 2, 4 and 5 are sustained. The following objections are sus...

Excerpt: ...1342.2, subdivision (d) (Subdivision (d)) provides: “This section shall apply retroactively beginning from the Governor's declared State of Emergency related to the SARS‐CoV‐2 (COVID‐19) pandemic on March 4, 2020.” Petitioner, California Association of Health Plans, a trade association, presents a narrow issue for this court in this phase of trial: Does Subdivision (d) violate the Ex Post Facto Clause of the California Constitution? [1]...

Excerpt: ...ID-19 vaccine; (2) requiring students without the COVID-19 vaccine to enroll in independent study; and (3) barring students without the COVID-19 vaccine from participating in extracurricular activities, including sports. (Motion 4:2-6.) LAUSD opposes the petition. The petition is DENIED.[1] Petitioner requests judicial notice of Exhibits A, F, G, H1, H2, I, J, K, M, N, Q, R, S and T to the Declaration of G.F. dated December 13, 2021; Exhibits U, ...

Excerpt: ...nial of Petitioner's request for admission number 19 (RFA 19) within Petitioners' set 2 of their requests for admissions. The City opposes the motion. As a preliminary matter, the court agrees the City's response to Form Interrogatory 17.1 is non- responsive. As argued by Petitioners, RFA 19 requests the City verify its intent. The City's response addresses how certain of its municipal code provisions comply with Government Code section 65804 but...

Excerpt: ...ted in part. The County shall provide a further response to Special Interrogatories, Set One, Number 1. The motion is otherwise denied. BACKGROUND Petitioner brought this action under the California Public Records Act (CPRA), Government Code section 6250 et seq. On May 14, 2021, through the CPRA, Petitioner requested “[a]ny agreements now in effect between the Claims Board/County of Los Angeles and private law firms acting as outside counsel fo...

Excerpt: ...os Angeles City Clerk (the Clerk), and Dean Logan, in his official capacity as Los Angeles County Registrar of Voters (the Registrar), to remove Torres' name from the June 7, 2022 primary election ballot. Torres and the City Clerk separately oppose the petition. [1] The petition is DENIED. The City Clerk's request for judicial notice (RJN) is granted except as to Exhibit 7 which is denied. Torres' RJN of Exhibits A through D is granted. APPLICABL...

Excerpt: ...ly as Does. The petition—based on alleged violations of the Ralph M. Brown Act and the Public Records Act—alleges Petitioners “reasonably fear that if their identity were to become public, they and/or their family members would be subject to retaliation . . . .” (Pet. ¶ 10.) At this point, Bernard & Bernard, through Shane Bernard, cannot locate Petitioners “who are only listed as Does.” (Bernard Decl., ¶ 2.) Mr. Bernard can only loc...

Excerpt: ... Respondent opposes the motion. (Petitioner did not file a reply.) The motion is denied. BRIEF STATEMENT OF THE CASE AND FACTS: On March 9, 2020, Respondent denied Petitioner's application for renewal of approval to operate and offer educational programs for non-accredited institutions.[1] (Kosnett Decl., Ex. A.) Petitioner appealed Respondent's decision. On February 22, 2021, after a hearing, an administrative law judge (ALJ) issued his proposed...

Excerpt: ...e court enjoin Defendants from asserting an alleged and unwarranted attorneys' fees lien which is precluding the release of any settlement funds to Plaintiff. The relief sought be Plaintiff turns on Plaintiff's claim the agreement under which Defendants were retained is unenforceable. (Reply 7:2-4.) Alternatively, Plaintiff seeks an order no more than $1 million of the settlement funds be set aside for Defendants' lien claim.[1] (Plaintiff's Supp...

Excerpt: ... order to show cause and supporting documents to be served on Defendants' counsel only. (See Code Civ. Proc. § 527, subdivision (d)(2) and (3).)] Plaintiff, Jack Brew, seeks a preliminary injunction enjoining Defendants, Liam Flood, Flood LLC, and Insilico Research LLC (collectively, Defendants), and its agents, employees and representatives from: a. Transferring any stock, membership, equity or other interest, assets, money, cryptocurrency, pro...

Excerpt: ..., Board of Civil Service Commissioners (Board), upheld Petitioner's discharge after a hearing. Through his second amended petition for writ of administrative mandamus, Petitioner seeks a court order compelling the Board to set aside its decision. The Department opposes the petition. The petition is denied. STATEMENT OF THE CASE Petitioner began his employment with the Department in 1999. (AR 2437‐2438.) Petitioner's position as Principal Inspec...

Excerpt: ...s DENIED. [The court originally issued a tentative decision and heard argument in this matter on September 29, 2021. Except as to one issue, after hearing argument from the parties, the court indicated Petitioner was not entitled to relief. During argument, the court requested the parties submit additional briefing concerning involving Education Code section 66281.8, subdivision (g)(1) [Section 66281.8]. The court requested the parties brief the ...

Excerpt: ...al Quality Act (CEQA), Public Resources Code section 21000 et seq., are untimely. Real Party in Interest, Bridge Housing Corporation (Bridge), joins the motion. Petitioner opposes the motion. The motion is granted. The County's unopposed request for judicial notice (RJN) of Exhibits 1 through 7 is granted. (Evid. Code § 452, (b), (c), (d) and (h).) RELEVANT ALLEGATIONS IN THE PETITION On September 8, 2020, the City Council for the City of Los An...

Excerpt: ...r property located at 6568 Sheltondale Ave. in West Hills, California (Property). Defendants oppose the motion. Their unopposed request for judicial notice (RJN) is granted. The motion 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 preliminar...

Excerpt: ... a reply. KAFLA's motion to strike is denied. Petitioner moves for an order compelling KAFLA to produce additional records and appointing a third‐party auditor to audit KAFLA's accounting records. KAFLA opposes the motion. The motion to compel is denied. However, the court may reconsider its May 19, 2021 inspection order pursuant to Le Francois v. Goel (2005) 35 Cal.4th 1094. ANALYSIS Motion to Strike the Pleadings: KAFLA moves to strike the fi...

Excerpt: ... sheriffs without pay. Petitioners remained suspended for 14 months. Petitioners challenge the decision of Respondent, Los Angeles Civil Service Commission, upholding their suspension without pay. Petitioners request an order compelling the Commission to set aside its decision upholding Petitioners' suspensions. Petitioners also seek an order requiring the Department to pay Petitioners their back salary with all benefits from the period of their ...

Excerpt: ... on Internal Affairs Bureau (IAB) file number IV 2524464 and/or the November 11, 2021 Letter of Intent issued by the Department;  Using any statement from Plaintiff and/or the fruits of said statements; as well as any materials that were in the possession of Defendants prior to Plaintiff's subsequent interrogations in IAB file number IV 2524464, that were not produced to Plaintiff at the time of subsequent interrogations, and/or the fruits of ...

Excerpt: ...een Petitioner and John Roe: In late 2017, John Roe and SH were engaged in a casual sexual relationship. (AR 2620-2621.) Around March 2018, SH and John Roe engaged in consensual sex with Petitioner, SH's roommate. (AR 23.) After March 2018, John Roe continued to have casual sex with Petitioner and SH, separately. (AR 2620-2621.) At some point, Petitioner and John Roe began engaging in “BDSM,” [1] and John Roe would inflict injury on Petitione...

Excerpt: ...orney fees of $2,500. Defendants oppose the attachment. Plaintiff's unopposed request for judicial notice (RJN) is granted. The applications for writs of attachment 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 wh...

Excerpt: ...the approvals. The City opposes the petition. The Petition is DENIED. The City's objection to Petitioner's request for judicial notice is sustained. Petitioner's request for judicial notice is denied as irrelevant because it is extra‐record evidence. STATEMENT OF THE CASE The City is a "Community of Homes." (AR 1352.) The City adopted Single‐Family Residential Design Guidelines (the Design Guidelines) for homes. The Design Guidelines apply to...