Excerpt: ...wner. Petitioners' request for judicial notice is denied. Petitioners filed their request on July 28, 2023 after Respondent filed her reply papers. The court did not authorize Petitioners to file a sur-reply. By submitting their request for judicial notice after they filed their opposition papers and after Respondent filed her reply papers, Petitioners have effectively prevented Respondent from addressing documents contained in the request for ju...

Excerpt: ...nd delivery. On September 1, 2022, Plaintiff filed proof of service of the summons and complaint on Defendant by substitute service. On October 11, 2022, the court entered Defendant's default. On November 1, 2022, Plaintiff requested entry of court judgment re: possession against a defaulted defendant. The court did not enter judgment. On February 10, 2023, the court instructed Plaintiff to file an application for writ of possession in a writs an...

Excerpt: ...ction is still pending, it appears the parties were unable to reach resolution in mediation. Defendants, KRG Holding, LLC and Cabinets Outlet, LP, move for an order requiring Plaintiff, Wenzhou Qinghan Ceramsite Light Weight Building Materials Co., Ltd., to post a bond/undertaking pursuant to Code of Civil Procedure section 1030 (Section 1030). Plaintiff opposes the motion. The motion is granted. Defendants also demurrer to the first amended comp...

Excerpt: ...ppeared. Respondent, the People of the State of California, acting by and through its Department of Transportation (CalTrans), opposes the petition. As noted by Petitioner in his supplemental briefing, proper service of a petition for relief from the claim presentation requirement can be effectuated by first-class mail. (§ 946.6, subd. (d); Code Civ. Proc., § 1005.) Petitioner recognizes in his supplemental briefing both a copy of the petition ...

Excerpt: ...nied. BACKGROUND AND PROCEDURAL HISTORY As described by Petitioner, she sustained her injury during an accident that: “occurred at approximately 10:13 a.m. on June 14, 2022 at or near Venice Blvd. & S Grand Ave., Los Angeles, CA 90015. Petitioner was on a [MTA] bus, license 1610467, driven by Michael Chin. Petitioner exited the bus, then realized she forgot her bag. She shouted and hit the bus to get the bus driver's attention, so she could get...

Excerpt: ...pted to perform all DUI test[s] requested by the officer. I was unable to complete these tests due to the fact that I experienced a severe medical reaction to recently prescribed post traumatic stress disorder medication and a glass of alcohol, which caused me to pass out and hit a parked car. The injuries suffered in the accident and the medical reaction from the medication left me incoherent and semi-conscious until the next morning. . . . I am...

Excerpt: ...ioner filed a reply. (The reply is timely based on the notice provided to him by Respondent of the hearing.) [2] The court finds Petitioner timely presented his claim to Respondent. The court therefore need not address Petitioner's request he be relieved of the claims presentation requirement. APPLICABLE LAW Government Code section 911.2, in the Government Tort Claims Act, provides a “claim relating to a cause of action . . . for injury to pers...

Excerpt: ...ntends LADBS erred by denying Petitioner's application to terminate an off-street parking covenant. Respondent opposes the petition. Petitioner's unopposed request for judicial notice (RJN) of Exhibits 1 and 2 is granted. Respondent's unopposed RJN of Exhibits A through C is granted. The court takes judicial notice of the unpublished Court of Appeal decision in Berdan Holdings, LLC v. Absolute USA, Inc., Court of Appeal Case No. B313475 [Berdan v...

Excerpt: ...eiver. The motion is granted. Defendant's request that the court hear live testimony during this motion hearing is denied. Defendant has not presented any evidence she is unable to provide such evidence in the form of declarations. The court therefore finds Defendant has not provided good cause for the court to hear testimony on this matter. (Cal. Rules of Court, Rule 3.1306, subd. (a).) In addition, Defendant's request does not comply with the C...

Excerpt: ... amend as to the first cause of action. The court does not grant leave to amend the second cause of action, a derivative declaratory relief claim. 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 allegations...

Excerpt: ... Realty, Inc. (Nijjar; collectively, Defendants) in the amount of $296,503.37. Defendants timely oppose the applications. (Code Civ. Proc., § 484.060, subd. (a).) Defendants' evidentiary objections: Objections 1 through 4 are overruled; the balance are sustained. RELEVANT PROCEDURAL HISTORY On December 9, 2022, Plaintiff filed a complaint against Defendants Golden Management, Pama Inc., Pama, and Nijjar, as well as several individual defendants,...

Excerpt: ... and 1307 W. Paseo del Mar in the San Pedro community of the City of Los Angeles (Projects). Respondent and Real Parties in Interest, Krishna Murthy, Nirmala Murthy, Raman Poola, and Vani Poola, oppose the petition. Petitioner's unopposed Request for Judicial Notice (RJN) of Exhibits 1 and 2 is granted. BACKGROUND Real Parties Raman Poola and Vani Poola own a vacant blufftop lot at 1305 W. Paseo del Mar. (AR 48.) Real Parties Krishna Murthy and N...

Excerpt: ...d Defendant's default on June 1, 2023. The court finds notice is proper. (See Proof of Service filed April 24, 2023.) The application is granted. Allegations in the Complaint On January 3, 2023, Plaintiff brought this action against Defendant. The complaint alleges Defendant entered into a retail installment sales contract on July 13, 2021, in the amount of $35,652.19, secured by the Vehicle. (Complaint ¶ 8.) After obtaining possession of the Ve...

Excerpt: ...a Public Records Act (CPRA), Government Code section 7920.000, et seq. Respondent expressly does not oppose the petition. The CPRA requestor, the Long Beach Post, has not filed an opposition or a motion to intervene. The Long Beach Post made its request for public records just over a year ago. BACKGROUND Petitioner, who is 74 years old, worked as a teacher for Respondent until July 2014, when he retired. (Maggio Decl., 2.) On or about May 31, 202...

Excerpt: ...oner on his petition for writ of mandate. On January 19, 2023, Petitioner filed his memorandum of costs. On January 30, 2023, Respondent filed this motion. ANALYSIS "[T]he award of costs to a prevailing applicant in a mandamus proceeding normally lies within the discretion of the court under Code of Civil Procedure section 1095." (Tripp v. Swoap (1976) 17 Cal.3d 671, 680, overruled on other grounds by Frink v. Prod (1982) 31 Cal.3d 166, 180.)[1] ...

Excerpt: ...iff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the courtin which the action is brought." (Code Civ. Proc., 484.010.) 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 valid...

Excerpt: ...pplicable law. Petitioner moves to augment the administrative record. Respondent opposes the motion. The motion is denied. BRIEF STATEMENT OF THE CASE The 2014 CAO names Petitioner and five others as dischargers under Water Code section 13304 (Section 13304). (AR 8730-8755.) The 2014 CAO concerns real property at the following addresses: 641, 705, 717 and 719 East Compton Boulevard (collectively, the Site). (AR 8730—8755.) The Site is comprised...

Excerpt: ...taking pursuant to Code of Civil Procedure section 1030 (Section 1030). Plaintiff opposes the motion. The motion is granted. Defendants also demurrerto the first amended complaint (FAC). Plaintiff opposes the demurrer. The demurrer is sustained as to the first cause of action brought under Corporations Code section 15903.04. As to the second cause of action for breach of contract (a non-writ claim), the demurrer is stayed pending assignment to an...

Excerpt: ...l physical and digital copies of records obtained from that drive." [1] Both Defendants filed an opposition. The application for writ of possession is DENIED. Both Defendants filed identical evidentiary objections to the City's evidence. The following objections are sustained: 1, 2 (as to "and firmly believe ... and their children" only), 3, 4, 5, 6, 7 (as to all except the first sentence), 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 (authentication...

Excerpt: ...74) 11 Cal.3d 506, 514-515]." (Remand Order 15.) The court further specified "[t]he matter is remanded on an interlocutory basis for reconsideration given the court's opinion." (Remand Order 15.) For reasons not entirely clear to the court given the limited scope of the coures Remand Order, the APC conducted further proceedings concerning the Project on February 8, 2023. (SAR 247.) Those proceedings included extensive public comment and further d...

Excerpt: ...Petitioners' educational records. Finally, Petitioners ask that Respondent be ordered to make appropriate changes to its policies to insure future compliance with applicable laws. Respondent opposes the petition. The petition is denied. STATEMENT OF THE CASE In May 2022, Petitioners were sophomores attending New West. Apparently as a prank, on May 20, 2022, Petitioner N.M. accessed Petitioner LJ.'s school email account and sent an inappropriate m...

Excerpt: ...al Escrow (Commission Proceeds) in Los Angeles. Defendants, EXP Commercial of California, Inc. (EXP) and Jason Tran, oppose the motion. 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 injuncti...

Excerpt: ...ate law. Proposed Intervenors, Community Power Collective (CPC) and Inner City Struggle (ICS) (jointly, Proposed Intervenors) move for an order granting them leave to intervene in this proceeding. They do so pursuant to Code of Civil Procedure section 387, subdivisions (d)(l) and (d)(2). Neither Petitioner nor Respondent oppose Proposed Intervenors' motion. In fact, Petitioner and Respondent previously agreed to allow intervention. The court reje...

Excerpt: ... of the administrative record is strictly controlled by statutory guidelines set forth in 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.) Governing augmentation, Code of Civil Procedure section 1094.5, subdivision (e) provides: "Where the court finds that there is relevant evidence that, in the exercise of reasonable diligence, could not h...

Excerpt: ... of $4,497.58. Petitioner, the County of Los Angeles, moves to tax "costs associated with the duplicative and unwarranted filing fees in the total amount of $3,915.00." (Motion The motion is denied. APPLICABLE LAW "Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (Code Civ. Proc. S 1032, subd. (b).) "Allowable costs shall be reasonably necessary t...

Excerpt: ...arms, LLC, through their second amended verified petition for writ of mandate and complaint (petition) seek the following relief from Respondents, Wonderful Growers Cooperative (WGC), Wonderful Almond Cooperative (WAC), Cal Pure Produce Inc. (Cal Pure), The Wonderful Company LLC (TWC), Wonderful Pistachios & Almonds LLC (WP&A): "For a peremptory Writ of Mandate or other court order compelling WAC and Cal Pure to comply with Petitioners Maricopa O...

Excerpt: ...r filed a reply. (The reply is timely based on the notice provided to him by Respondent of the hearing.) The court finds Petitioner timely presented his claim to Respondent. The court therefore need not address Petitioner's request he be relieved of the claims presentation requirement. APPLICABLE LAW Government Cade section 911.2, in the Government Tort Claims Act, provides a "claim relating to a cause of action ... for injury to person ... shall...

Excerpt: ...terminate the Automatic Suspension of his medical and surgeon license. The petition also requests an order enjoining Respondent from "re-implementing the Automatic Suspension unless new and subsequent facts warrant such." (Pet. , Prayer 1-2.) Respondent opposes the petition. The petition is denied as moot. STATEMENT OF THE CASE[2 On May 21, 2021, Petitioner was convicted of conspiracy to commit honest services mail and wire fraud, in violation of...

Excerpt: ...ANDARD OF REVIEW Courts may, upon a motion, strike any irrelevant, false, or improper matter inserted in any pleading. (Code Civ. Proc., 5 436, subd. (a).) Courts may also strike all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. (ld., subd. The grounds for mov-ng to strike must appear on the face of the pleading or by way of judicial notice. (ld., 5 437.) ANALYSIS...

Excerpt: ...Petitioners' opening brief for writ of mandate and complaint, certain paragraphs in the Declaration of Susan K. Thompson filed in support of Petitioners' opening brief for writ of mandate and the exhibits to the Declaration of Peter Hsiao in support of Petitioners opposition to Respondents' motion for summary judgment. Petitioners, Maricopa Orchards, LLC; Kamm Pistachios, LLC; Derrick Pistachios, LLC; Three Rocks Pistachios, LLC; 104 Pistachios, ...

Excerpt: ...t 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 ...

Excerpt: ...t set aside Respondent's "decision of April 2021 in which it refused to overturn the Stewards' Decision per Business and Professions Code section 19517, thus making the refusal arbitrary and capricious under Code of Civil Procedure section 1085." (Opening Brief 2:9-11.) "This Court is also asked to enter and order the mandatory disqualification and forfeiture required under Rule 1859.5 without remand to CHRB." (Opening Brief 2:12-13.) At the cent...

Excerpt: ...t. The court granted Petitioner's request. The petition for relief from the claim presentation requirement is GRANTED. APPLICABLE LAW Government Code 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 ...

Excerpt: ...al Quality Act (Pub. Resources Code, 5 21000 et seq.). Petitioners sought a court order requiring the completion of an environmental impact report (EIR) for the project. The City approved the project with a mitigated negative declaration (MND). Respondent, the City of Long Beach, and Real Parties Artesia Acquisition Company, InSite Property Group, Paul Brown and the Jeanne Eve McDonald Revocable Trust (collectively, Respondents), opposed the peti...

Excerpt: ...ely 12:50 a.m., San Bernardino County Sheriff's deputies were dispatched to the Jack-in-the-Box restaurant at 11767 Foothill Boulevard. The sheriffs department had received Ma report of a driver asleep in a white Range Rover in the [restaurant's] drive thru." (AR 19.) "Deputy G Jasso arrived at the scene at approximately 0057 hours and found a white Land Rover SUV (8JBT959) stopped at the entrance of the drive thru." (AR 19) Petitioner was asleep...

Excerpt: ...who wishes to work remotely. Respondent, Los Angeles unified School District, demurs to the second amended petition (SAP). Respondent also moves to strike allegations supporting a claim[l] for punitive damages and a prayer for attorney fees. Petitioner opposes the demurrer with a late filed opposition. The court nonetheless considers it. Petitioner has not opposed Respondent's motion to strike. The demurrer is overruled as to the first and third ...

Excerpt: ...r is overruled in part—as to the first and second causes of action to enforce corporate record inspection rights. [2] The court stays the remaining civil causes of action and does not hear the demurrer to the third, fourth, fifth, sixth, seventh and eighth causes of action. After the court addresses the first and second causes of action, this matter will be transferred to Department 1 for reassignment to an independent calendar court. Upon reas...

Excerpt: ... The motion is pending before this court for hearing today. In conjunction with the motion for summary judgment, Respondents filed a motion to seal certain exhibits they submitted to the court for consideration. Petitioners, Maricopa Orchards, LLC; Kamm Pistachios, LLC; Derrick Pistachios, LLC; Three Rocks Pistachios, LLC; 104 Pistachios, LLC; ACDF, LLC; Granville Farms, LLC; Sommerville Farms, LLC; Tuscan Farms, LLC; Waterford Farms, LLC; Cantua...

Excerpt: ...ice is proper. (See Minute Order of December 2, 2022.) The petition for relief from the claim presentation requirement is GRANTED. APPLICABLE LAW 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 ...

Excerpt: ...tion to Compel Discovery filed February 23, 2023 (the Discovery Order). They also seek other orders including an order directing Real Party in Interest, Clothilde V. Hewlett as Commissioner of the Department of Finance Protection and Innovation for the State of California (the Department), “to accept the surrender of the Investment Adviser Certificate” of Petitioner Atlas Capital Management, Inc. and dismiss the Department's action now pendin...

Excerpt: ...he real property development project proposed by Real Party In Interest, Williams Homes, Inc. Real Party now moves for judgment on the pleadings. The motion is granted without leave to amend. Real Party's request for judicial notice (RJN) of Exhibits A through D is granted. (Evid. Code, § 452, subd. (c), (d).) ALLEGATIONS IN THE PETITION Real Party is the developer of the Canyon View Estates (the Project). The Project is sited on 94.38 acres of ...

Excerpt: ...ent interest (pursuant to Civil Code section 3287, subdivision (a)) and estimated costs of $15,000 as to each Defendant. AFN and OTR oppose the applications and jointly filed an opposition. The applications are granted as prayed. Defendants' objections to the Declaration of Sandra Khalili: Objections 2 and 3 are overruled. Objection 1 is sustained in part (as to “and her October 17, 2022 email response to me”).[1] Defendants' objections to th...

Excerpt: ...on. "Ifthe defendant fails to file a notice of opposition within the time prescribed, the defendant shall not be permitted to oppose the issuance of the order." (Code Civ. Proc„ 5 484.090, subd. The court finds notice is proper.[l] (See Proof of Service filed January 11, 2023.) The application 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...

Excerpt: ...is DENIED. The court makes no finding whether Petitioner timely presented his claim to the City. (See Rodriguez v. County of Los Angeles (1985) 171 cal.App.3d 171, 175.) APPLICABLE LAW Government Cade 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 ...

Excerpt: ... elisor, to have Medallion Lot 29 transferred to" them. (Application 1:24-25.) Plaintiffs originally made their request as an exparte application on January 13, 2023. The court set the matter for a noticed hearing—on well more than statutory time—as requested by Defendants Saeed Farkhondehpour and others. Plaintiffs advised the court on February 27, 2023 (through a Reply Brien that they had not been served with any opposition. In addition, Pl...

Excerpt: ...n. The court granted the petition finding USC's administrative hearing process deprived Petitioner ofa fair hearing. Petitioner now seeks attornevs fees of $56,511.19 plus a 2.0 multiplier for a total attorney's fee award of $113,022.38. Petitioner seeks the award pursuant to Code of Civil Procedure section 1021.5 (Section 1021.5). USC opposes the motion. The motion is denied. APPLICABLE LAW Section 1021.5 authorizes an award of attornevs fees in...

Excerpt: ...date and complaint for declaratory and injunctive relief, Petitioner, Fix the City, lnc„ challenged the City's action and sought an order requiring the City to set aside its approvals of the project. On May 24, 2022, this court granted Petitioner relief in its Order Granting Petition for Writ of Mandate and ordered a judgment be prepared. The court has not yet entered judgment. On August 23, 2022, the court granted the CitVs motion for reconsid...

Excerpt: ...o requests an order awarding it the contract. Respondent demurrers to the petition. Petitioner opposes the demurrer. The demurrer is overruled. Petitioner's unopposed request for judicial notice (RJN) of Exhibit 1 is granted. (Evid. Code, 5 452, subd. (c).) ALLEGATIONS IN THE PLEADING: Petitioner alleges Respondent's Internal Services Division (ISD) solicited bids for a brand specific janitorial paper supplies contract (the Contract) through a re...

Excerpt: ...etition. The Petition is GRANTED. Petitioner's unopposed request for judicial notice (RJN) of Exhibits A and B is granted. APPLICABLE STATUTORY SCHEME Governing Law "In 1973, the Legislature enacted the IHSS program to enable aged, blind or disabled poor persons to avoid institutionalization by remaining in their homes with proper supportive services. [Citation.]" (Basden v. Wagner (2010) 181 cal.App.4th 929, 933; Marshall v. McMahon (1993) 17 ca...

Excerpt: ...ropriate. It is unclear how the court can determine Ms. Harwell is representing the County in this matter. The petition for relief from the claim presentation requirement is DENIED. APPLICABLE LAW Government Code 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.) ...